Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p13
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 33112–35907

the injury may be suffered, the disease may be contracted or the death may occur; or

     (e) the extent to which the disease, injury or death may be war-caused or defence-caused.

"(8) If, after carrying out the investigation, the Authority is of the view that there is a new body of sound medical-scientific evidence available that, together with the sound medical-scientific evidence previously considered by the Authority, justifies the making of a Statement of Principles, or an amendment of the Statement of Principles already determined, in respect of that kind of injury, disease or death, the Authority must:

    (a) determine a Statement of Principles in respect of that kind of injury, disease or death under subsection (2) or (3); or

    (b) make a determination amending the Statement of Principles determined under subsection (2) or (3) in respect of that kind of injury, disease or death; or

    (c) revoke the Statement of Principles determined under subsection (2) or (3), and determine a new Statement of Principles under subsection (2) or (3) in respect of that kind of injury, disease or death;

as the case requires.

Note: For 'sound medical-scientific evidence' see subsection 5AB(2).

  "(9) If, after carrying out the investigation, the Authority is of the view:

    (a) that there is no new sound medical-scientific evidence about that kind of injury, disease or death; or

    (b) that the new sound medical-scientific evidence available is not sufficient to justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined in respect of that kind of injury, disease or death;

the Authority must make a declaration in writing:

    (c) stating that it does not propose to make a Statement of Principles, or amend the Statement of Principles already determined (as the case may be); and

  (d) giving the reasons for its decision.

"(10) If the Review Council has, by a decision notified in the Gazette, directed the Authority to amend a Statement of Principles in respect of a particular kind of injury, disease or death, the Authority must make a

determination amending the Statement of Principles determined in respect of that kind of injury, disease or death in accordance with the directions of the Council.

"(11) If, after reviewing a decision of the Authority not to determine a Statement of Principles under subsection 196B(2) in respect of a particular kind of injury, disease or death, the Review Council has, by a decision notified in the Gazette, directed the Authority to make such a Statement of Principles, the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out, in accordance with the directions of the Council:

  (a) the factors