Other payments of compensation
78 Other payments of compensation
If, after any pension under this Part has been paid:
to a member of the Forces or a member of a Peacekeeping Force in respect of the incapacity of the member from a defence‑caused injury or a defence‑caused disease; or
to a dependant of a deceased member of the Forces or member of a Peacekeeping Force in respect of the death of the member that was defence‑caused;
any compensation is paid under the law of a country other than Australia, or by, or under a scheme arranged by, an international organization, to or in respect of the member in relation to the same incapacity of the member from that or any other injury or disease, or to or in respect of the dependant in relation to the death of the member, the Commonwealth may recover from the member or dependant, as the case may be, by action in a court of competent jurisdiction, an amount equal to so much of the amount of compensation so paid as does not exceed the aggregate of the amounts of pension under this Part that have been so paid to the member or dependant, as the case may be.
The Commission may, by notice in writing to a person (being a claimant for pension under this Part, or a person in receipt of pension under this Part, in respect of the incapacity of a member of the Forces or a member of a Peacekeeping Force from a defence‑caused injury or a defence‑caused disease or the death of such a member), require the person to furnish to the Commission, within a reasonable period specified in the notice, a statutory declaration stating whether any compensation has been paid to or in respect of the person, or has been claimed by or in respect of the person, under a law of a country other than Australia, or under a scheme arranged by an international organization, in respect of the same incapacity of the member from that or any other injury or disease, or the death of the member, as the case may be.
Where a person refuses or fails to comply with a notice under subsection (2), the right of the person to pension under this Part in respect of the injury, disease or death to which the notice relates, and the right of the person to institute or take any proceedings under this Act in relation to that pension or a claim for that pension, are suspended until the statutory declaration is furnished.
Where a person’s right to pension under this Part is suspended under subsection (3), the person is not entitled to be paid pension under this Part in respect of the period of the suspension.
In this section:
compensation has the same meaning as it has in section 74.
international organization means:
an organization:
of which 2 or more countries, or the Governments of 2 or more countries, are members; or
that is constituted by persons representing 2 or more countries, or representing the Governments of 2 or more countries; or
an organization that is:
an organ of, or office within, an organization described in paragraph (a);
a commission, council or other body established by an organization so described or such an organ; or
a committee, or subcommittee of a committee, of an organization described in paragraph (a), or of such an organ, council or body.
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