Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p9
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 23001–25746

in relation to the class of veterans, members of the Forces, or members of a Peacekeeping Force referred to in subparagraph (1)(b)(i); and

  (b) state that it applies only in respect of claims relating to:

        (i) operational service rendered by a veteran; or

        (ii) peacekeeping service rendered by a member of a Peacekeeping Force; or

        (iii) hazardous service rendered by a member of the Forces; and

  (c) set out:

        (i) the factors that must as a minimum exist; and

        (ii) which of those factors must be related to service rendered by a person;

     before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.

Note 1: For 'peacekeeping service' and 'hazardous service' see subsection 5Q(1A).
Note 2: For 'factor related to service' see subsection (7).

"(3) A determination under this subsection in respect of a particular kind of injury, disease or death must be in writing and must:

     (a) state that it has effect only 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) 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 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.

Note 1: For 'defence service' and 'hazardous service' see subsection 5Q(1A).
Note 2: For 'factor related to service' see subsection (7).

"(4) A determination under subsection (2) or (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

"(5) 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 subsection 196B(2) 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.

"(6) 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 subsection 196B(3) 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