Document ID: chunk:federal_register_of_legislation:C2017C00337:section:9:p1
Version: federal_register_of_legislation:C2017C00337
Segment Type: section
Provision Reference: s 9 (pt 1/2)
Character Range: 15200–17801

9  MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases

Defence service
 (1) If:
 (a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
 (b) on or after 1 July 2013, there is an aggravation of, or a material contribution to, that injury or disease; and
 (c) the aggravation or material contribution either:
 (i) relates to defence service rendered by the person on or after 1 July 2013; or
 (ii) relates to defence service rendered by the person before, and on or after, 1 July 2013;
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
 (2) To avoid doubt, defence service is rendered before, and on or after, 1 July 2013 whether the service spans that day or is rendered during separate periods before and on or after that day.
 (3) If:
 (a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
 (b) before 1 July 2013, there was an aggravation of, or a material contribution to, that injury or disease; and
 (c) the aggravation or material contribution either:
 (i) related to defence service rendered by the person on or after the commencement date; or
 (ii) related to defence service rendered by the person before, and on or after, the commencement date; and
 (d) immediately before 1 July 2013, the person had not made a choice of the kind referred to in subsection 12(2) of this Act (as in force immediately before that day);
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
 (4) 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.

Treatment
 (5) If:
 (a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
 (b) on or after 1 July 2013, there is an aggravation of,