Federal Register of Legislation - Australian Government

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No. 12 of 2001 Determinations/Veterans' Entitlements as made
Amendment of Statement of Principles concerning polycythaemia vera.
Administered by: Veterans' Affairs
Registered 31 Aug 2005
Tabling HistoryDate
Tabled HR06-Feb-2001
Tabled Senate06-Feb-2001
Gazetted 10 Jan 2001
Date of repeal 01 Oct 2015
Repealed by Sunsetting

Instrument No.12 of 2001


Amendment of Statement of Principles




Veterans’ Entitlements Act 1986

1.         The Repatriation Medical Authority amends, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 and subsection 33(3) of the Acts Interpretation Act 1901, Instrument No.79 of 1999 by:


A.                 deleting clause 3 and inserting in its place the following clause:


“3.        After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of polycythaemia vera or death from polycythaemia vera and which can be related to relevant service is that set out in clause 4.”


B.                 deleting clause 4 and inserting in its place the following clause:


“4.        The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating polycythaemia vera or death from polycythaemia vera is inability to obtain appropriate clinical management for polycythaemia vera.”


C         deleting the headnotes to and clauses 5 and 6.


D.        renumbering clauses 7, 8 and 9 as clauses 5, 6 and 7.


2.         The amendments made by this instrument apply to all matters to which Instrument No.79 of 1999 and section 120B of the Act apply.


Dated this       Third         day of              January          2001


The Common Seal of the                              )

Repatriation Medical Authority                   )

was affixed to this instrument                      )

in the presence of                                          )