Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p62
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 151069–153822

under this Act or the regulations, except this power of delegation.
"(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised by the Secretary.
"(3) A delegation of a power under this section does not prevent the exercise of the power by the Secretary.".
Commencement: Day of Royal Assent

Regulations
112. Section 59 of the Principal Act is amended:
    (a) by omitting paragraphs (1) (da), (db) and (e) and substituting the following paragraph:
        "(e) medical treatment and pharmaceutical benefits for Australian mariners and other persons;";
    (b) by omitting from paragraph (1) (fa) "receiving medical benefits" and substituting "being provided with medical treatment";
    (c) by omitting paragraph (g);
    (d) by inserting after subsection (1) the following subsection:
    "(1a) Regulations made in pursuance of paragraph (1) (e) may apply, adopt or incorporate, with or without modification:
       (a) the Treatment Principles, prepared and approved under section 90 of the Veterans' Entitlements Act 1986, as in

       force at a particular time, or as in force from time to time; and
       (b) the scheme, prepared and approved under section 91 of that Act, as in force at a particular time, or as in force from time to time.";
    (e) by inserting after subsection (4) the following subsections:
    "(4a) The regulations may provide that nothing in the regulations shall be taken to:
       (a) impose a duty on the Commission to arrange for the provision of; or
       (b) confer a right on a person to be provided, under arrangements made by the Commission with;
    treatment for a particular injury or disease, treatment of a particular kind for an injury or disease or treatment for an injury or disease outside Australia.
    "(4b) The regulations may provide that nothing in the regulations shall be taken to confer on a person the right to be provided with treatment for an injury or disease:
       (a) by the Commonwealth; or
       (b) by the Commission otherwise than to the extent that, and in a manner that, it may be provided under arrangements made by, or with the approval of, the Commission.";
    (f) by omitting the definition of "medical treatment" from subsection (5); and
    (g) by inserting in subsection (5) the following definitions in their respective appropriate alphabetical positions (determined on a letter-by-letter basis):
       " 'medical treatment' has the same meaning as treatment has in subsection 80 (1) of the Veterans' Entitlements Act 1986;
        'pharmaceutical benefits' has the same meaning as in subsection 91 (9) of the Veterans' Entitlements Act 1986".
Commencement: Day of Royal Assent