Veterans' Affairs Legislation Amendment (Omnibus) Act 2017 (128 of 2017)

Schedule 7   Legislative instruments

Military Rehabilitation and Compensation Act 2004

10   Subsections 286(2) to (6)

Repeal the subsections, substitute:

Determination must be approved by the Minister

(2) A determination under subsection (1) has no effect unless the Minister has approved it in writing.

(3) A determination under subsection (1), so far as it relates to paragraph (1)(c), approved by the Minister and as in force from time to time is a pharmaceutical benefits determination .

(4) Any other determination under subsection (1) approved by the Minister and as in force from time to time is a treatment determination .

Variation or revocation of determinations

(5) The Commission may, by written determination, vary or revoke a pharmaceutical benefits determinationor treatment determination.

(6) A determination under subsection (5) has no effect unless the Minister has approved it in writing.

Legislative instruments

(6A) A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Incorporation of other instruments

(6B) Despite subsection 14(2) of the Legislation Act 2003:

(a) a determination under subsection (1); or

(b) a determination under subsection (5) varying a pharmaceutical benefits determination or treatment determination;

may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.