Document ID: chunk:federal_register_of_legislation:C2024C00866:section:70:p4
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 70 (pt 4/8)
Character Range: 1245555–1248111

as the case may be;
Note: The effect of paragraph (e) is that, if the member has died from an injury or disease that has already been determined by the Commission to be defence‑caused, the death is to be taken to have been defence‑caused. Accordingly the Commission is not required to relate the death to hazardous service rendered by the member and section 120A does not apply.
but not otherwise.
Note: After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for some new defence‑caused injuries, diseases and deaths: see section 70A.
 (5B) If this Part applies to a member of the Forces solely because the member has rendered hazardous service as specified in section 69A, subsections (6) and (7) apply to the person as if references in those subsections to defence service or peacekeeping service, as the case may be were references to hazardous service.
 (6) Where, in the opinion of the Commission, the death of a member of the Forces or member of a Peacekeeping Force was due to an accident that would not have occurred, or to a disease that would not have been contracted, but for his or her having rendered defence service or peacekeeping service, as the case may be, or but for changes in the member's environment consequent upon his or her having rendered any such service:
 (a) the death of the member shall be deemed to have resulted from that defence service or peacekeeping service, as the case may be; and
 (b) the death of the member shall be deemed to be defence‑caused, for the purposes of this Act.
 (7) Where, in the opinion of the Commission, the incapacity of a member of the Forces or member of a Peacekeeping Force was due to an accident that would not have occurred, or to a disease that would not have been contracted, but for his or her having rendered defence service or peacekeeping service, as the case may be, or but for changes in the member's environment consequent upon his or her having rendered any such service:
 (a) if the incapacity of the member was due to an accident—that incapacity shall be deemed to have arisen out of the injury suffered by the member as a result of the accident and the injury so suffered shall be deemed to be a defence‑caused injury suffered by the member; or
 (b) if the incapacity was due to a disease—the incapacity shall be deemed to have arisen out of that disease and that disease shall be deemed to be a defence‑caused disease contracted by the member, for the purposes of this Act.
 (8) Neither paragraph (5)(b) nor (5A)(b) applies:
 (a) to an