Document ID: chunk:federal_register_of_legislation:C2024C00866:section:120:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 120 (pt 2/2)
Character Range: 1578789–1580568

connecting the injury, disease or death with the circumstances of the particular service rendered by the person.
Note: This subsection is affected by section 120A.
 (4) Except in making a determination to which subsection (1) or (2) applies, the Commission shall, in making any determination or decision in respect of a matter arising under this Act or the regulations, including the assessment or re‑assessment of the rate of a pension granted under Part II or Part IV, decide the matter to its reasonable satisfaction.
Note: This subsection is affected by section 120B.
 (5) Nothing in the provisions of this section, or in any other provision of this Act, shall entitle the Commission to presume that:
 (a) an injury suffered by a person is a war‑caused injury or a defence‑caused injury;
 (b) a disease contracted by a person is a war‑caused disease or a defence‑caused disease;
 (c) the death of a person is war‑caused or defence‑caused; or
 (d) a claimant or applicant is entitled to be granted a pension, allowance or other benefit under this Act.
 (6) Nothing in the provisions of this section, or in any other provision of this Act, shall be taken to impose on:
 (a) a claimant or applicant for a pension or increased pension, or for an allowance or other benefit, under this Act; or
 (b) the Commonwealth, the Department or any other person in relation to such a claim or application;
any onus of proving any matter that is, or might be, relevant to the determination of the claim or application.
 (7) In this section:
hazardous service means service in the Defence Force, before the MRCA commencement date, that is of a kind determined in writing by the Minister administering section 1 of the Defence Act 1903 to be hazardous service for the purposes of this section.