Document ID: chunk:federal_register_of_legislation:F2015L01245:body:0:p1
Version: federal_register_of_legislation:F2015L01245
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Military Rehabilitation and Compensation Act 2004

Instrument 2015 No. MRCC 20

Motor Vehicle Compensation Scheme

     PART 1—DETERMINATION OF THE MOTOR VEHICLE COMPENSATION SCHEME

1.1 Determination of the Motor Vehicle Compensation Scheme

    1.1.1          This Scheme is determined by the Military Rehabilitation and Compensation Commission under section 212 of the Military Rehabilitation and Compensation Act 2004.

Dated this  6th  day of    August  2015

The Seal of the                                                              )  SEAL
Military Rehabilitation and Compensation Commission)
was affixed hereto in the                                                )
presence of:                                                                      )

Simon Lewis                                                                                              Craig Orme
....................................................................................................................................................
SIMON LEWIS                                                                                                                    CRAIG ORME
                                                                                                                                                     AM CSC
     CHAIR                                                                                                                                 MEMBER

           Ms Jennifer Taylor                                                                                     Air Vice Marshall Tony Needham
…………………………………....................................................................................................................................……
Ms JENNIFER TAYLOR                                                                        Air Vice-Marshal tony Needham
                                                                                                                                                            AM
              MEMBER                                                                                                                      MEMBER

    1.2               Commencement

    1.2.1          This instrument commences on the day after it is registered.

    1.3 Name

1.3.1 This instrument is the Motor Vehicle Compensation Scheme.

    Note: the name of the Scheme is prescribed by the Military Rehabilitation and Compensation Act 2004 (s.212(1)).

    1.4 Revocation

    1.4.1 The Motor Vehicle Compensation Scheme (Instrument 2 of 2004) is revoked.

    1.5 Transitional

    1.5.1 A process commenced under the revoked Scheme (the Motor Vehicle Compensation Scheme (Instrument 2 of 2004)), such as lodging an application for compensation, and not finalised on the commencement of this Scheme, is to be finalised under this Scheme as if it had commenced under this Scheme.

     PART 2—INTRODUCTION

    2.1               Purpose of the Motor Vehicle Compensation Scheme

    2.1.1          The purpose of the Motor Vehicle Compensation Scheme is to provide compensation relating to motor vehicles, of a kind specified in subsection 212(2) of the Act, to a person in the circumstances specified in this instrument if, in accordance with subsection 212(1) of the Act:

the person has suffered an impairment as a result of a service injury or disease for which the Commission has accepted liability; and

because of that impairment, the person has a need for compensation of that kind; and

a claim for compensation in respect of the person has been made under section 319.

    2.1.2          Under subsection 212(2) of the Act the kinds of compensation relating to motor vehicles are:

modifying a motor vehicle for a person; and

maintaining or repairing modifications to a motor vehicle; and

subsidising the purchase of a motor vehicle by a person; and

purchasing a motor vehicle for a person; and

other kinds of compensation relating to motor vehicles specified in this instrument.

    2.2               Interpretation

2.2.1          Definitions

2.2.1 For the purposes of this instrument, unless the contrary intention appears:

AAT, means the Administrative Appeals Tribunal.

approved program provider, in relation to a person, means an approved program provider in respect of the person under section 41 of the Act;

care institution means:

a residential care service; or

a hospital; or

a hospice;