Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An approval given by the Commission before the commencing date under a repealed Act for the provision of any treatment for a person, being an approval that had not been revoked before that date, continues in force on and after that date as if it were an approval given under Part V of the Veterans ' Entitlements Act .
(2) The date from which a person is eligible to be provided with treatment under Part V of the Veterans ' Entitlements Act may be a date before the commencing date, but a person shall not be provided with any treatment both under that Act and under a repealed Act.
(3) The power of the Commission under Part V of the Veterans ' Entitlements Act to approve treatment after the treatment has been provided extends to approving treatment that was provided before the commencing date, being treatment that had not been duly provided under a repealed Act.
(4) For the purpose of the application of the Veterans ' Entitlements Act in accordance with subsections ( 1), (2) and (3) of this section :
(a) an application to be provided with treatment made under a repealed Act and not determined before the commencing date shall be determined on or after that date as if it had been made under the Veterans ' Entitlements Act ; and
(b) any determination made, or other act or thing done, by the Commission before the commencing date that affected, or was capable of affecting, the eligibility or right of a person to be provided with treatment under a repealed Act has effect, on and after that date, as if made or done under the Veterans ' Entitlements Act for the purpose of determining the eligibility or right of that person to be provided with treatment under Part V of the Veterans ' Entitlements Act .
(5) Subject to subsection ( 6), where a person, being :
(a) the widowed mother or the widowed step - mother of an member of the Forces who died before the commencing date and was neither legally married nor a member of a couple immediately before death ; or
(b) a person who is in receipt of a pension that continues to be payable by virtue of sub section 4(6), being a pension that became payable to the person by reason that the person was a child of a deceased member of the Forces ;
was, by virtue of a determination or decision in force under a prescribed regulation immediately before that date, eligible to be provided with medical treatment under the Repatriation Regulations, the person is eligible to be provided with treatment under Part V of the Veterans ' Entitlements Act , on and after the commencing date, for any injury suffered, or disease contracted, by the person as if :
(a) the member of the Forces had been determined, under the Veterans ' Entitlements Act , to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act;
(b) the person was a dependant of that veteran for the purposes of sub section 86(1) of the Veterans ' Entitlements Act ; and
(c) a determination under that Act were in force determining that the death of that veteran was war - caused.
(6) A widowed mother, or a widowed step - mother, of a member of the Forces who has re - married after the death of the member (whether before, on or after the commencing date), is not eligible to be provided with treatment under Part V of the Veterans ' Entitlements Act by virtue of subsection ( 5) of this section at any time after her re - marriage or marriage.
(7) For the purpose of subsection ( 5), each of the following regulations is a prescribed regulation:
(a) regulation 73 of the Repatriation Regulations;
(b) regulation 38 of the Repatriation (Far East Strategic Reserve) Regulations; and
(c) regulation 38 of the Repatriation (Special Overseas Service) Regulations.
(8) In subsections ( 5) and (6) :
"child" , in relation to a deceased member of the Forces, includes a person who, after the termination of the pension granted to the person under a repealed Act as the child of a member of the Forces has been granted a further pension under sub section 39(4) or 46A (1) of the Repatriation Act .
"widowed mother" , in relation to a deceased member of the Forces means a widowed person :
(a) who is the mother of the member; or
(b) if the member was born out of wedlock -- who is the woman by whom the member was brought up ;
being a person who became a widow prior to, or within 3 years after, the death of the member, and includes the unmarried mother of the member by whom the member was brought up .
"widowed step-mother" , in relation to a deceased member of the Forces, means a widowed step - mother of the member who became a widow prior to, or within 3 years after, the death of the member.
(9) Where a person who was a member of the Forces was, immediately before the commencing date, eligible to be provided with medical treatment for venereal disease contracted during war service, by virtue of a determination or decision in force under a prescribed regulation, the person is eligible to be provided with treatment under Part V of the Veterans ' Entitlements Act for that disease from and including the commencing date as if :
(a) a determination under that Act were in force determining that venereal disease was a war - caused disease from which the person was suffering; and
(b) the person had been determined, under the Veterans ' Entitlements Act , to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act.
(10) For the purposes of subsection ( 9), each of the following regulations is a prescribed regulation:
(a) regulation 65 of the Repatriation Regulations; and
(b) regulation 6 of the Interim Forces Benefits Regulations.
(11) Where :
(a) a person was, immediately before 25 November 1976, a service pensioner eligible to be provided with treatment under regulation 66 of the Repatriation Regulations;
(b) the person ceased, on that date, to be a service pensioner by reason only that the person was, on that date, a prescribed person within the meaning of section 123AB of the Repatriation Act; and
(c) the person has been such a prescribed person continuously from that date to and including the date immediately preceding the commencing date ;
Part V of the Veterans ' Entitlements Act applies to the person as if the person were eligible to be provided with treatment under sub section 85(5) of that Act until the person ceases to be a prescribed person for the purposes of that Part or the rate of the person ' s income exceeds the annual rate of the person ' s income on 25 November 1976, whichever first occurs.