Document ID: chunk:federal_register_of_legislation:C2016A00102:clause:3_10
Version: federal_register_of_legislation:C2016A00102
Segment Type: clause
Provision Reference: sch 3 cl 10
Character Range: 19219–21135

10  Application—pension age
(1) The amendments of the Military Rehabilitation and Compensation Act 2004 made by this Schedule apply, subject to subitem (4), in relation to a payment of compensation in respect of a week that begins after the commencement of this item.
(2) However, in the case of a person who suffered an injury or disease before that commencement, subitem (1) does not prevent a week from being counted for the purposes of subsection 121(2) of the Military Rehabilitation and Compensation 2004 even if the week began before that commencement.
(3) If:
 (a) a person suffered an injury or disease before the commencement of this item; and
 (b) compensation is payable under Division 2 of Part 4 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 in respect of the injury or disease for a maximum of 104 weeks (whether consecutive or not) during which the person is incapacitated for work; and
 (c) the last of those weeks (the final payment week) ends before the person reaches pension age (within the meaning of the Military Rehabilitation and Compensation Act 2004 (as amended by this Schedule));
subsection 121(2) of that Act has effect, in relation to the injury or disease, as if the number of weeks mentioned in that subsection were increased by the number of weeks in the period:
 (d) beginning immediately after the end of the final payment week; and
 (e) ending immediately before the person reaches pension age (within the meaning of the Military Rehabilitation and Compensation Act 2004 (as amended by this Schedule)).
(4) The amendment of section 138 of the Military Rehabilitation and Compensation Act 2004 made by this Schedule applies in relation to advices given under paragraph 138(1)(d) of that Act after the commencement of this item.

[Minister's second reading speech made in—
House of Representatives on 13 October 2016
Senate on 22 November 2016]

(136/16)