Federal Register of Legislation
Military Rehabilitation and Compensation (Subsection 204A(2) Amount) Instrument 2023
The Military Rehabilitation and Compensation Commission makes the following instrument.
Dated 5 September 2023
The Seal of the Military Rehabilitation and Compensation Commission was affixed hereto in the presence of:
Alison Frame Kate Pope Glen Ferrarotto PSM Chair Acting Chair Acting Member
Gwen Cherne Rear Admiral Sarah Sharkey Greg Vines AM CSC RAN Member Member Acting Member
Major General Wade Stothart DSC AM CSC Member
1 Name This instrument is the Military Rehabilitation and Compensation (Subsection 204A(2) Amount) Instrument 2023.
2 Commencement This instrument commences the day after the instrument is registered.
3 Authority This instrument is made under subsection 204A(2) of the Military Rehabilitation and Compensation Act 2004.
4 Definitions Note A number of expressions used in this instrument are defined in the Act, including the following: (a) Commission; (b) compensation; (c) Special Rate Disability Pension. In this instrument: Act means the Military Rehabilitation and Compensation Act 2004.
5 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
6 Working out amount of compensation that should not have been paid For subsection 204A(2) of the Act, the following steps are specified for working out the portion of the lump sum paid to a person under section 138 of the Act: Step 1: Calculate the entitled amount for the person using the formula in section 7. Step 2: Subtract the entitled amount from the lump sum paid to the person under section 138 of the Act. Note The portion of the lump sum worked out using these steps is taken to be an amount of compensation that should not have been paid to the person (see subsection 204A(2) of the Act).
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