Military Rehabilitation and Compensation Act 2004

The Commission may, in writing, determine that section 89A does not apply to a person if:

the person has applied for a benefit under a Commonwealth superannuation scheme on the basis of the person’s incapacity for service or work, and the application has not been withdrawn; and

the person has not begun to receive or has not received the benefit (as the case requires); and

the person has been notified, in writing:

of the effect of section 89A and this section; and

that the person may be overpaid while section 89A does not apply to the person; and

that the overpayments may be recovered under Part 3 of Chapter 11; and

the person has agreed, in writing:

for section 89A not to apply; and

to notify the Commission if the person withdraws the application for the benefit; and

to notify the Commission if the person begins to receive or receives the benefit.

The determination has effect according to its terms.

The Commission may, in writing, revoke the determination if the Commission is satisfied that:

the person has withdrawn the application for the benefit; or

the person has begun to receive or has received the benefit; or

the person has not complied with a requirement to provide information, or take any further action, in relation to the application for the benefit.

After a determination is revoked in relation to a person who has begun to receive or has received a benefit under a Commonwealth superannuation scheme, section 89A is taken always to have applied to the person.

A determination under subsection (1), or a revocation under subsection (3), is not a legislative instrument.