Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 391

  (1)   This section applies if:

  (a)   compensation is payable under this Act in respect of:

  (i)   a service injury, disease or death of a person (the cause of action ); or

  (ii)   the loss of, or damage to, a medical aid used by a person (the cause of action ); and

  (b)   the person or a dependant of the person makes a claim for damages in respect of the cause of action against a person other than the Commonwealth or a potentially liable member.

  (2)   The person or dependant must notify the Commission in writing of the claim as soon as practicable, but not later than 7 days after the day on which he or she makes the claim.

  (3)   A person commits an offence if the person contravenes subsection   (2).

Penalty:   5 penalty units.

  (4)   Subsection   (3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .