Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2004 - SECT 7

             (1)  The MRCA applies to a person's injury, disease or death if:

                     (a)  the injury is sustained, the disease is contracted, or the death occurs, on or after the commencement date; and

                     (b)  the injury, disease or death either:

                              (i)  relates to defence service rendered by the person on or after that date; or

                             (ii)  relates to defence service rendered by the person before, and on or after, that date.

Note:          After the commencement date, benefits stop being provided under the VEA and the SRCA for such injuries, diseases and deaths (see sections 9A and 70A of the VEA and section 4AA of the SRCA).

             (2)  The MRCA applies to an aggravation of, or a material contribution to, a person's injury or disease, or a sign or symptom of a person's injury or disease, if:

                     (a)  the aggravation or material contribution occurs on or after the commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and

                     (b)  the aggravation or material contribution either:

                              (i)  relates to defence service rendered by the person on or after that date; or

                             (ii)  relates to defence service rendered by the person before, and on or after, that date.

Note 1:       After the commencement date, benefits stop being provided under the VEA and the SRCA for such aggravations and material contributions (see sections 9A and 70A of the VEA and section 4AA of the SRCA).

Note 2:       The MRCA does not apply to an aggravation or material contribution if a person instead applies under section 15 of the VEA for an increase in a pension because of the aggravation or material contribution (see section 9 of this Act).

             (3)  To avoid doubt, defence service is rendered before, and on or after, the commencement date whether the service spans the commencement date or is rendered during separate periods before and on or after that date.