Document ID: chunk:federal_register_of_legislation:C2024C00866:section:157:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 157 (pt 1/3)
Character Range: 1691483–1694042

157  Dates that may be specified
 (1) In this section:
Board's decision, in relation to a review by the Board of a Commission's decision, means the decision of the Board, upon its review of the Commission's decision, setting aside the Commission's decision and substituting another decision for it or varying the Commission's decision, but does not include a decision of the Board affirming the Commission's decision.
Commission's decision, in relation to a review by the Board, means a decision of the Commission that has been reviewed by the Board.
substituted decision means a decision made by the Board in substitution for a decision of the Commission that has been set aside by the Board upon its review of that decision of the Commission.
varied decision means a decision of the Commission as varied by a decision of the Board upon its review of that decision of the Commission.
 (2) Where the Board, upon its review of a decision of the Commission, sets aside that decision and substitutes another decision for it, or varies that decision:
 (a) if the effect of the substituted decision, or the varied decision, as the case may be, is to grant a pension or attendant allowance to a person, the Board may fix, as the date from which the Board's decision is to operate:
 (i) if the person made application for the review within 3 months after service on the person of a copy of the Commission's decision—a date not earlier than the earliest date as from which the Commission could, if it had not refused to grant a pension or attendant allowance, as the case may be, to the person, have approved payment of a pension or of attendant allowance to the person; or
 (ii) in any other case—a date not more than 6 months before the date on which the person's application for review of the Commission's decision was received at an office of the Department in Australia;
 (b) if the substituted decision, or the varied decision, as the case may be, is a decision of a kind specified in subsection (3)—the Board shall remit the matter to the Commission to fix the date as from which the Board's decision is to operate, being:
 (i) if the Board's decision was made for a reason set out in subsection 31(7)—the date on which the Board's decision was made or an earlier or later date; or
 (ii) in any other case—the date of the first available pension pay‑day occurring after the date on which a copy of the Board's decision is given to the Commission under section 140;
 (c) if the substituted decision, or the varied decision, as the case may be, has the effect of