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MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 293

Amount of compensation for journeys
(1)
The amount of compensation that the Commonwealth is liable to pay under section 290 (compensation for journeys) is the amount determined by the Commission to be the amount reasonably incurred in respect of the journey.

(2)
In determining an amount under subsection (1), the Commission may determine the amount of compensation using the following formula:

Note: For example, the Commission might use the formula if a person used a private vehicle to make a journey, but not if a person flew on a commercial airline.

(3)
In this section:

"length of the journey in kilometres" means:

(a) if only subparagraph 290(1)(b)(iv) or (2)(c)(iv) applies—the number of whole kilometres the Commission determines to be the reasonable length of the journey that it was necessary to make; and
(b) otherwise—the length of the journey in kilometres.

"specified rate per kilometre" means the rate per kilometre that the Minister determines in writing for the purposes of this section.

Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901 ).

(4)
A determination of the rate per kilometre, or a variation or revocation of a determination, under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .


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