Safety, Rehabilitation and Compensation Legislation (Defence Force) Consequential Amendment Regulations 2018 (Cth)

Safety, Rehabilitation and Compensation Legislation (Defence Force) Consequential Amendment Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 19 April 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Darren Chester

Minister for Veterans’ Affairs

Contents

1Name

This instrument is the Safety, Rehabilitation and Compensation Legislation (Defence Force) Consequential Amendment Regulations 2018.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	21 April 2018
2. Schedule 1, item 1	The day after this instrument is registered.	21 April 2018
3. Schedule 1, item 2	12 October 2017.	12 October 2017
4. Schedule 1, items 3 to 14	The day after this instrument is registered.	21 April 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the following:

1. (a)

   the Administrative Appeals Tribunal Act 1975;

2. (b)

   the A New Tax System (Goods and Services Tax) Act 1999;

3. (c)

   the Human Services (Medicare) Act 1973;

4. (d)

   the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;

5. (e)

   the Safety, Rehabilitation and Compensation Act 1988.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Administrative Appeals Tribunal Regulation 2015

1

Section 22 (table item 9)

Omit “20”, substitute “21”.

2

Section 22 (after table item 14)

Insert:

14A A decision under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

A New Tax System (Goods and Services Tax) Regulations 1999

3

Schedule 10 (after table item 2)

Insert:

2AA Rehabilitation and compensation scheme Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 (Cth)

Human Services (Medicare) Regulations 2017

4

At the end of section 28

Add:

1. (4)

   The following functions of the Military Rehabilitation and Compensation Commission under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 are prescribed functions of the Chief Executive Medicare:

   1. (a)

      processing claims for payment relating to the provision of pharmaceutical benefits under that Act;

   2. (b)

      making payments of those claims.

5

At the end of paragraph 30(a)

Add “or section 16 of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988”.

6

After paragraph 31(2)(c)

Insert:

1. (ca)

   the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988;

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2004

7

Regulation 3 (note 1 to the definition of Act)

Repeal the note, substitute:

Note 1: A number of expressions used in these Regulations are defined in the Act, including the following:

(a) DRCA;

(b) MRCA.

8

Regulation 4 (heading)

Omit “SRCA”, substitute “DRCA”.

9

Subregulation 4(1)

Omit “SRCA”, substitute “DRCA”.

1. 10

   Subregulation 4(2) (definition of aged based number)

Omit “SRCA”, substitute “DRCA”.

1. 11

   Subregulation 4(3) (definition of maximum amount)

Omit “SRCA”, substitute “DRCA”.

1. 12

   Subregulation 4(3) (paragraph (a) of the definition of previous lump sum amount)

Omit “SRCA”, substitute “DRCA”.

1. 13

   Subregulation 4(3) (definition of relevant financial year)

Omit “SRCA”, substitute “DRCA”.

Safety, Rehabilitation and Compensation Regulations 2002

14

Regulation 20

Repeal the regulation.