INTERIM FORCES BENEFITS.
No. 106 of 1964.
An Act to amend section nine of the Interim Forces Benefits Act 1947-1950.
[Assented to 20th November, 1964.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Interim Forces Benefits Act 1964.
(2.) The Interim Forces Benefits Act 1947-1950, as amended by this Act, may be cited as the Interim Forces Benefits Act 1947-1964.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Regulations.
3. Section nine of the Interim Forces Benefits Act 1947-1950 is amended by adding at the end thereof the following sub-sections:—
“(2.) Subject to sub-section (4.) of this section, where medical treatment is provided to a person under the regulations—
(a) in circumstances in which the regulations provide for payment in accordance with this sub-section; or
(b) in any case in which, before the treatment is provided, the Commission or a delegate of the Commission, for special reasons, determines that payment should be made in accordance with this sub-section and notifies the person accordingly,
the person is liable to pay to the Commonwealth, as a debt due to the Commonwealth, such reasonable charges in respect of the treatment as the Commission or a delegate of the Commission notifies to him in writing.
“(3.) Regulations made in pursuance of paragraph (a) of the last preceding sub-section may provide for payment in accordance with that sub-section in any case in which—
(a) a person (whether before, during or after the provision of the treatment) recovers or receives; or
(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies a person that the person is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,
the whole or a part of the cost of the treatment, by way of damages or compensation, from another person.
“(4.) Sub-section (2.) of this section does not apply in relation to medical treatment in respect of a condition giving rise to an incapacity in respect of which the Commonwealth—
(a) is liable to pay pension under this Act to the person;
(b) would be so liable if the incapacity were great enough, to warrant a pension assessment; or
(c) would be so liable but for paragraph (c) of the proviso to sub-section (1.) of section twenty-four or paragraph (c) of the proviso to sub-section (1.) of section one hundred and one, of the Repatriation Act 1920–1964, as extended by this Act.
“(5.) In this section—
‘medical treatment’ means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes—
(a) any accommodation, nursing care or transport in relation to such treatment; and
(b) the supply, renewal and repair of artificial re-placements and surgical and other aids and appliances;
‘the Commission’ means the Repatriation Commission.”.