Document ID: chunk:federal_register_of_legislation:C2004A04077:schedule:2:p12
Version: federal_register_of_legislation:C2004A04077
Segment Type: schedule
Provision Reference: sch 2 (pt 12/21)
Character Range: 69386–72125

or disease, as the case may be, arose out of, or was attributable to, the hazardous service of the member; or

       (b) subject to subsection (8), the death, injury or disease, as the case may be, resulted from an accident that occurred while the member was travelling, during any hazardous service but otherwise than in the course of duty, on a journey to a place for the purpose of performing duty or away from a place upon having ceased to perform duty; or

       (c) the death is to be deemed by subsection (6) to be defence-caused, the injury is to be deemed by subsection (7) to be a defence-caused injury or the disease is to be deemed by subsection (7) to be a defence-caused disease, as the case may be; or

       (d) the injury or disease from which the member died or has become incapacitated:

           (i) was suffered or contracted during any hazardous service of the member but did not arise out of that service; or

           (ii) was suffered or contracted before the commencement of the hazardous service of the member but not during such a period of service;

       and, in the opinion of the Commission, the injury or disease was contributed to in a material degree by, or was aggravated by, the hazardous service rendered by the member, being service rendered after the member suffered that injury or contracted that disease;

   but not otherwise.

   "(5b) If this Part applies to a member of the Forces solely because the member has rendered hazardous service as specified in paragraph 69 (1) (ea), subsections (6) and (7) apply to the person as if references in those subsections to 'defence service or peacekeeping service, as the case may be' were references to 'hazardous service'.";

Commencement: Day of Royal Assent

     (d) by omitting from subsection (8) "Paragraph (5) (b) does not apply" and substituting "Neither paragraph (5) (b) nor (5a) (b) applies";

  Commencement: Day of Royal Assent

     (e) by inserting in paragraph (9) (a) "or in paragraph (5a) (a), (b) or (c)" after "(5) (a), (b) or (c)";

  Commencement: Day of Royal Assent

  (f) by inserting in paragraph (9) (b) "or (5a) (d)" after "(5) (d)";

  Commencement: Day of Royal Assent

     (g) by inserting in subparagraph (9) (b) (ii) "the veteran has rendered hazardous service or" after "unless".

  Commencement: Day of Royal Assent

Veterans eligible to be provided with treatment

61. Section 85 of the Principal Act is amended by omitting from subparagraph (9) (a) (ii) "while" and substituting "as a person who was".

Commencement: Immediately after the commencement of the Veterans' Entitlements Act 1986

Dependants eligible to be provided with treatment

62. Section 86 of the Principal Act is amended by inserting in