Document ID: chunk:federal_register_of_legislation:C2024C00866:section:70:p6
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 70 (pt 6/8)
Character Range: 1250240–1252781

or disease was contracted, by the member in circumstances described in subsection (4) or in paragraph (5)(a), (b) or (c) or in paragraph (5A)(a), (b) or (c)—if the death, or the injury or disease, as the case may be:
 (i) resulted from the member's serious default or wilful act; or
 (ii) arose from a serious breach of discipline committed by the member or from an occurrence that happened while the member was committing a serious breach of discipline; or
 (b) in the case of an injury suffered, or disease contracted, by the member to which paragraph (5)(d) or (5A)(d) applies:
 (i) if the aggravation of the injury or disease:
 (A) resulted from the member's serious default or wilful act; or
 (B) arose from a serious breach of discipline by the member; or
 (ii) unless the member has rendered hazardous service or the period of defence service or peacekeeping service that contributed to the injury or disease in a material degree, or by which the injury or disease was aggravated, was 6 months or longer.
 (9A) The Commonwealth is not liable under this section in respect of:
 (a) the death; or
 (b) the incapacity from injury or disease;
of a member of the Forces, or a member of a Peacekeeping Force, if the death, injury or disease is related to the relevant service of the member only because:
 (a) in the case of a member who had not used tobacco products before 1 January 1998—the member used tobacco products after 31 December 1997; or
 (b) in the case of a member who had used tobacco products before 1 January 1998—the member increased his or her use of tobacco products after 31 December 1997.
 (10) The Commonwealth is not liable under this section in respect of the death of a member of the Forces or a member of a Peacekeeping Force, or the incapacity of such a member, from injury or disease, if the death or incapacity resulted from the serious default or wilful act of the member that happened after the member ceased, or last ceased, to render defence service or peacekeeping service.
 (10A) The Commonwealth is not liable to pay a pension to a dependant of a member of the Forces, or of a member of a Peacekeeping Force, being a child of the member, under subsection (1) or (2) if the dependant has attained the age of 16 years and payments, by way of a living allowance, are being made in respect of the child:
 (a) by way of youth allowance; or
 (b) under the scheme known as the Assistance for Isolated Children Scheme;
 (c) under the scheme known as the Aboriginal Secondary Assistance Scheme or the scheme known