Document ID: chunk:federal_register_of_legislation:C2021A00142:clause:5_53b
Version: federal_register_of_legislation:C2021A00142
Segment Type: clause
Provision Reference: sch 5 cl 53B
Character Range: 29072–29933

53B  Persons to whom this Part applies
 (1) This Part applies to a person if:
 (a) either:
 (i) the person is a member; or
 (ii) the person is a former member but the person was a member at any time on or after 1 December 1988; and
 (b) the person has not made a claim of a kind referred to in paragraph 319(1)(a); and
 (c) the person is included in a class of persons determined in an instrument under section 53D; and
 (d) the Commission has determined, in writing, that this Part applies to the person.
 (2) A determination under paragraph (1)(d) is not a legislative instrument.
 (3) The member or former member need not have sustained a service injury or contracted a service disease.
 (4) Sections 7, 8 and 9 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 do not apply for the purposes of this Part.