Federal Register of Legislation - Australian Government

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No. 92 of 2011 Determinations/Veterans' Entitlements as made
Amendment of Statement of Principles concerning malignant neoplasm of the urethra.
Administered by: Veterans' Affairs
Registered 08 Jul 2011
Tabling HistoryDate
Tabled HR16-Aug-2011
Tabled Senate18-Aug-2011
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

Amendment Statement of Principles

concerning

 

MALIGNANT NEOPLASM OF the URETHRA

No. 92 of 2011

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

1.                     This Instrument may be cited as Statement of Principles concerning malignant neoplasm of the urethra No. 92 of 2011.

 

2.                     The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, Statement of Principles concerning malignant neoplasm of the urethra Instrument No. 1 of 2008 by:

 

(A)             Deleting existing factor "(a)" concerning 'therapeutic radiation' from clause 6;

 

(B)              Deleting clause 4 and inserting in its place the following clause:

 

'4.        After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of malignant neoplasm of the urethra or death from malignant neoplasm of the urethra and which can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA) is that set out in clause 5.';

 

(C)              Deleting clause 5 and inserting in its place the following clause:

 

'5.        'The factor that must as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating malignant neoplasm of the urethra or death from malignant neoplasm of the urethra is inability to obtain appropriate clinical management for malignant neoplasm of the urethra.';

 

(D)             Deleting the headnotes to and clauses 6, 7 and 8;

 

(E)              Renumbering clause 9 as clause 6;

 

(F)               Deleting the definition of "a course of therapeutic radiation" from the renumbered clause 6; and

 

(G)             Renumbering clauses 10 and 11 as clauses 7 and 8 respectively.

 

3.                     The amendment made by this instrument applies to all matters to which Instrument No. 1 of 2008, section 120A of the Veterans’ Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.

 

4.                     The amendment made by this instrument takes effect from 13 July 2011.

 

Dated this   first   day of   July   2011

 

 

The Common Seal of the                    )

Repatriation Medical Authority          )

was affixed to this instrument                        )

in the presence of:                               )

 

KEN DONALD

CHAIRPERSON