Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p10
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 25523–28262

of injury, disease or death, any Statement of Principles in force under subsection 196B(3) in respect of that kind of injury, disease or death does not apply in respect of any veteran or member of the Forces or dependant in relation to whom the determination has effect.

"(7) A factor causing, or contributing to, an injury, disease or death is related to service rendered by a person if:

     (a) it resulted from an occurrence that happened while the person was rendering that service; or

  (b) it arose out of, or was attributable to, that service; or

     (c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:

      (i) to a place for the purpose of performing duty; or

      (ii) away from a place of duty upon having ceased to perform duty; or

     (d) it was contributed to in a material degree by, or was aggravated by, that service; or

     (e) in the case of a factor causing, or contributing to, an injury—it resulted from an accident that would not have occurred:

        (i) but for the rendering of that service by the person; or

        (ii) but for changes in the person's environment consequent upon his or her having rendered that service; or

     (f) in the case of a factor causing, or contributing to, a disease—it would not have occurred:

        (i) but for the rendering of that service by the person; or

        (ii) but for changes in the person's environment consequent upon his or her having rendered that service; or

     (g) in the case of a factor causing, or contributing to, the death of a person—it was due to an accident that would not have occurred, or to a disease that would not have been contracted:

        (i) but for the rendering of that service by the person; or

        (ii) but for changes in the person's environment consequent upon his or her having rendered that service.".

Insertion of Parts

  11. After Part XI of the Principal Act the following Parts are inserted:

"PART XIA—THE REPATRIATION MEDICAL AUTHORITY

"Division 1—Establishment, functions and powers

Establishment of Authority

  "196A.(1) A Repatriation Medical Authority is established.

  "(2) The Repatriation Medical Authority:

  (a) is a body corporate with perpetual succession; and

  (b) has a common seal; and

  (c) may sue and be sued.

  "(3) All courts, judges and persons acting judicially must:

     (a) take judicial notice of the imprint of the seal of the Authority appearing on a document; and

  (b) presume that the document was duly sealed.

"(4) Debts incurred by the Authority in the performance of its functions are, for all purposes, taken to be debts incurred by the