Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) (Cth)

Case

Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)

As amended

made under the

Military Rehabilitation and Compensation Act 2004

This compilation was prepared on 7 July 2013

taking into account amendments up to:

Military Rehabilitation and Compensation (Members - Service End Date) Amendment Determination 2013 (No. MRCC 5 of 2013)(F2013L01041)

Prepared by the Legal Services & Assurance Branch,

Department of Veterans' Affairs, Canberra.

  1. Name of Determination

This Determination is the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1).

  1. Commencement and application

(1)   This Determination commences on 1 July 2004.

(2) For paragraph 8 (2) (a) of the Military Rehabilitation and Compensation Act 2004, this Determination applies on and from 1 July 2004.

  1. Persons taken to be members

For subsection 8 (1) of the Military Rehabilitation and Compensation Act 2004, the classes of persons specified in Schedule 1 who perform, or have performed, the acts specified in that Schedule are taken to be, or to have been, members for the purposes of that Act.

Schedule 1    Persons and activities or acts

Item Class of persons Acts
1 Persons who hold an honorary rank or appointment in the Australian Defence Force

Acts performed by the persons in assisting the Australian Defence Force in the period 1 July 2004 – 30 June 2013

2 Persons who are on Career Transition Assistance under an arrangement approved by the Australian Defence Force

Acts performed in connection with the arrangement in the period 1 July 2004 – 30 June 2013

3 Members of approved philanthropic organisations serving the Defence Force

Acts performed:

   (a)  as an accredited representative of the philanthropic organisation; and
   (b)  while providing services in support of the Australian Defence Force as authorised by the sponsoring Australian Defence Force unit; and

(c ) in the period 1 July 2004 – 30 June 2013

Notes to the Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)

Note 1

The Military Rehabilitation and Compensation (Members) Determination 2004 (No.1) (in force under the Military Rehabilitation and Compensation Act 2004) as shown in this compilation comprises the legislative instruments indicated in the Table below.

Table of Legislative Instruments

Year and
umber

Date of FRLI
registration

Date of
commencement

Application, saving or
transitional provisions

Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)

10 April 2007 (see F2007B0047) 1 July 2004 Section 2(see Table A)

2013 No. MRCC 5

18 June 2013 (see F2013L01041)

when Schedule 12 of the Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 commences.

Section 3 (see Table A)

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 1

rs. 2013 No. MRCC 5

Table A Application, saving or transitional provisions

Legislative Instrument Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)

2 Commencement and application

(1) This Determination commences on 1 July 2004.

(2) For paragraph 8 (2) (a) of the Military Rehabilitation and Compensation Act 2004, this Determination applies on and from 1 July 2004.

Legislative Instrument 2013 No. MRCC 5

3      Application

A person who, immediately before the commencement of this instrument, is a member under the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) is, on the commencement of this instrument, a member under the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) as amended by this instrument.

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