Document ID: chunk:federal_register_of_legislation:C2004A05067:schedule:2
Version: federal_register_of_legislation:C2004A05067
Segment Type: schedule
Provision Reference: sch 2
Character Range: 20901–23220

Schedule 2—Amendment of the Veterans' Entitlements Act 1986

1 After paragraph 8(1)(e)

    Insert:

         or (f) the injury or disease from which the veteran died is an injury or disease that has been determined in accordance with section 9 to have been a war-caused injury or a war-caused disease, as the case may be;

              Note: The effect of paragraph (f) is that, if the veteran has died from an injury or disease that has already been determined by the Commission to be war-caused, the death is to be taken to have been war-caused. Accordingly the Commission is not required to relate the death to eligible war service rendered by the veteran and sections120A and I20B do not apply.

2 After paragraph 70(5)(d)

    Insert:

         or (e) the injury or disease from which the member died is an injury or disease that has been determined in accordance with this section other than this paragraph to have been a defence-caused injury or defence-caused disease, as the case may be;

              Note: The effect of paragraph (c) 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 defence service or peacekeeping service rendered by the member and sections 120A and 120B do not apply.

3 After paragraph 70(5A)(d)

    Insert:

         or (e) the injury or disease from which the member died is an injury or disease that has been determined in accordance with this section other than this paragraph to have been a defence-caused injury or defence-caused disease, as the case may be;

              Note: The effect of paragraph (c) 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.

4 Application

   The amendments made by this Schedule apply only for the purposes of claims made on or after 1 June 1994.

[Minister's second reading speech made in—

     House of Representatives on 22 May 1996 Senate on 9 September 1996]