Document ID: chunk:federal_register_of_legislation:C2016A00102:clause:1_48
Version: federal_register_of_legislation:C2016A00102
Segment Type: clause
Provision Reference: sch 1 cl 48
Character Range: 15367–16605

48  Transitional provision
(1) This item applies if:
 (a) immediately before this item commences, a person's normal earnings for the week are calculated under section 179 of the Military Rehabilitation and Compensation Act 2004 because:
 (i) the person has applied for a benefit under a Commonwealth superannuation scheme on the basis of the person's incapacity for service or work, and the application has not been withdrawn; and
 (ii) the person has not begun to receive or has not received the benefit (as the case requires); and
 (b) the Commission determines, in writing, that this item applies.
(2) On the commencement of this item, the Commission is taken to have made a determination under section 89B or 126A (as the case requires) of the Military Rehabilitation and Compensation Act 2004, as inserted by this Schedule, in relation to the person.
(3) To avoid doubt, the Commission may, in accordance with subsection 89B(3) or 126A(3) (as the case requires) of that Act, as inserted by this Schedule, revoke a determination that is taken to have been made under subitem (2).
(4) To avoid doubt, a determination by the Commission under paragraph (1)(b) is not an original determination for the purposes of Chapter 8 of that Act.