Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:5_120c:p2
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 5 cl 120C (pt 2/2)
Character Range: 391388–392881

in relation to the class of veterans or members of the Forces referred to in subparagraph (1)(b)(i); and
 (b) state that it applies only in respect of claims relating to:
 (i) eligible war service (other than operational service) rendered by a veteran; or
 (ii) defence service (other than hazardous service and British nuclear test defence service) rendered by a member of the Forces; and
 (c) set out:
 (i) the factors that must exist; and
 (ii) which of those factors must be related to service (within the meaning of the MRCA) rendered by a person;
  before it can be said, on the balance of probabilities, that an injury, disease or death of that kind is connected with the circumstances of that service.
 (4) While there is in force under subsection (2) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under section 370CB of the MRCA in respect of that kind of injury, disease or death does not apply in respect of any veteran, member of the Forces, member of any Peacekeeping Force or dependant in relation to whom the determination has effect.
 (5) While there is in force under subsection (3) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under section 370CC of the MRCA in respect of that kind of injury, disease or death does not apply in respect of any veteran or member of the Forces or dependant in relation to whom the determination has effect.