Military Rehabilitation and Compensation Act 2004 - specification in relation to definition of "specified number" in subsection 138(3) (MRCA Instrument No. 9 of 2004)

Overview

The Military Rehabilitation and Compensation Act 2004 was enacted to provide for the rehabilitation and compensation of members of the Australian Defence Force and their families who have been injured or affected by military service. The Act addresses the gap in support and compensation for military personnel and their families, ensuring they receive adequate assistance and care. The Military Rehabilitation and Compensation Commission was tasked with implementing this legislation. The policy objective of the Act is to ensure that military personnel and their families receive appropriate rehabilitation and compensation for injuries and conditions resulting from their service, thereby promoting their well-being and reintegration into civilian life. This legislative instrument, MRCA Instrument No. 9 of 2004, specifies the number 0.03 for the purposes of the definition of "specified number" in subsection 138(3) of the Military Rehabilitation and Compensation Act 2004, effective from 1 July 2004.

Scope and Application

The Military Rehabilitation and Compensation Act 2004, as specified by the MRCA Instrument No. 9 of 2004, applies to the Military Rehabilitation and Compensation Commission, specifically for the purposes of defining the "specified number" as outlined in subsection 138(3) of the Act. This specified number, set at 0.03, has been effective since 1 July 2004. The legislation primarily concerns entities and persons involved in the administration and oversight of military rehabilitation and compensation within the Commonwealth of Australia. This includes the Military Rehabilitation and Compensation Commission and those who fall under its purview, such as veterans and service members who are eligible for rehabilitation or compensation services. The jurisdictional reach of this Act is limited to the Commonwealth, thus applying uniformly across Australia. There are no stated exclusions, exemptions, or thresholds within the Act itself; however, the application and interpretation of the specified number may be further refined or extended through subordinate instruments issued by the Commission.

Key Provisions

The legislative instrument F2005B02087, specifically MRCA Instrument No. 9 of 2004, provides a numerical specification as per subsection 138(3) of the Military Rehabilitation and Compensation Act 2004. The specified number is 0.03, which is designated for the purposes of defining "specified number" in the Act. This legislative instrument came into effect on 1 July 2004, marking the official implementation of this numerical value within the framework of the Military Rehabilitation and Compensation Act 2004. The Act imposes certain obligations and requirements on the Military Rehabilitation and Compensation Commission. In this context, the Commission is mandated to specify a particular number for the purposes outlined in the Act. This specification is not arbitrary but is tied to the statutory requirements of subsection 138(3). The Commission must ensure that this specified number is accurately and effectively integrated into the legal framework to maintain compliance with the Act. Breach of the provisions outlined in this legislative instrument could result in various civil or criminal consequences depending on the severity and intent behind the non-compliance. While the specific penalties are not detailed within this legislative instrument, the overarching Act provides for potential sanctions, including fines and other legal repercussions for non-compliance. The exact penalties would be subject to the broader legal context and the discretion of the court or relevant authority in handling such cases. Overall, the primary focus of this legislative instrument is to specify a numerical value that aligns with the statutory requirements of the Military Rehabilitation and Compensation Act 2004. This ensures that the Act operates within a clearly defined numerical framework, facilitating accurate and consistent application of its provisions.