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SR 2004 No. 157 Regulations as amended, taking into account amendments up to Safety, Rehabilitation and Compensation Legislation (Defence Force) Consequential Amendment Regulations 2018
Administered by: Veterans' Affairs
Registered 24 Apr 2018
Start Date 21 Apr 2018
Table of contents.

Commonwealth Coat of Arms of Australia

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2004

Statutory Rules No. 157, 2004

made under the

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

Compilation No. 1

Compilation date:                              21 April 2018

Includes amendments up to:            F2018L00502

Registered:                                         24 April 2018

 

About this compilation

This compilation

This is a compilation of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2004 that shows the text of the law as amended and in force on 21 April 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of Regulations........................................................................... 1

3............ Definitions.......................................................................................... 1

4............ Method of converting lump sum amounts paid under sections 24, 25 and 27 of DRCA into weekly amounts............................................................................................... 1

5............ Weekly amount to be indexed............................................................. 2

Endnotes                                                                                                                                      3

Endnote 1—About the endnotes                                                                              3

Endnote 2—Abbreviation key                                                                                  4

Endnote 3—Legislation history                                                                               5

Endnote 4—Amendment history                                                                             6


1  Name of Regulations

                   These Regulations are the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2004.

3  Definitions

                   In these Regulations:

Act means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.

Note 1:       A number of expressions used in these Regulations are defined in the Act, including the following:

(a)    DRCA;

(b)    MRCA.

Note 2:       Expressions used in these Regulations that are defined in the MRCA have the same meanings as they have in that Act. For example:

·      compensation

·      financial year

·      Special Rate Disability Pension.

4  Method of converting lump sum amounts paid under sections 24, 25 and 27 of DRCA into weekly amounts

             (1)  For paragraph 24(3)(b) of the Act, this regulation sets out the method of converting into a weekly amount the sum of any previous payments of a lump sum to a person under sections 24, 25 and 27 of the DRCA.

Note:          Subsection 14(2) of the Act applies regulations made for paragraph 24(3)(b) of the Act.

             (2)  For subregulation (1), and subject to regulation 5, the method is:

                  

where:

aged based number means the number that is advised by the Australian Government Actuary by reference to the age of the person on the day on which the lump sum amount for section 24, 25 or 27 of the DRCA was paid to the person, and the gender of the person.

current lump sum amount means the amount worked out in accordance with subregulation (3).

             (3)  The current lump sum amount means the amount worked out using the following formula:

                  

where:

maximum amount means the maximum amount specified in subsection 24(9) of the DRCA, as indexed in accordance with section 13 of that Act.

previous lump sum amount means the sum of any amounts previously:

                     (a)  assessed as payable to the person under sections 24, 25 and 27 of the DRCA; and

                     (b)  paid as a lump sum or lump sums.

relevant financial year means the financial year in which an amount of compensation was paid to the person under section 24, 25 or 27 of the DRCA.

5  Weekly amount to be indexed

             (1)  For the application of these Regulations for subsection 14(2) of the Act, the weekly amount worked out under regulation 4 is the weekly amount by which the maximum weekly amount of a Special Rate Disability Pension (SRDP) must be reduced in the first financial year in which the SRDP is payable.

Note:          Section 203 of the MRCA provides the day from which an SRDP is payable.

             (2)  In the second and subsequent financial years in which the SRDP is payable, the indexation provisions of section 404 of the MRCA apply to the weekly amount worked out under regulation 4 as if a reference to dollar amount in that section is a reference to weekly amount.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law \Compilation_FooterOddand the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration or gazettal

Commencement

Application, saving and transitional provisions

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2004 (SR No. 157, 2004)

25 June 2004

1 July 2004 (r 2)

 

Safety, Rehabilitation and Compensation Legislation (Defence Force) Consequential Amendment Regulations 2018

20 Apr 2018 (F2018L00502)

Sch 1 (items 7–13): 21 Apr 2018 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 2.............................................

rep LA s 48D

r 3.............................................

am F2018L00502

r 4.............................................

am F2018L00502