Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p2
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 4771–7402

1991;

"new Part III" means Part III of the Principal Act as in force on 1 July 1991.

Correspondence of pensions

  4. For the purposes of this Part:

    (a)     a service pension granted to a person because of section 38 of the former Part III and an age service pension under the new Part III correspond to each other; and

    (b)     a service pension granted to a person because of section 39 of the former Part III and an invalidity service pension under the new Part III correspond to each other; and

  (c)     a wife's service pension granted to a person because of section

     40 of the former Part III and a wife service pension under the new Part III correspond to each other; and

  (d) a carer's service pension granted to a person because of section

     41 of the former Part III and a carer service pension under the new Part III correspond to each other.

Correspondence of provisions

5. (1) If one provision of the former Part III and one provision of the new Part III have the same legal effect, the 2 provisions correspond to each other.

  (2) If:

    (a)     one provision of the former Part III has a particular legal effect in relation to different types of service pension; and

    (b)     a provision of the new Part III has that legal effect in relation to only one of those types of service pension;

the provisions correspond to each other for the purposes of applying this Part (Savings and Transitional Provisions) to that payment type.

  (3) In this section:

"legal effect" includes conferring the power to issue an instrument.

Division 2—Savings

General aim of Division

  6. The main aim of this Division is to allow:

    (a)     the continued payment of pensions that were granted under the former Part III; and

    (b)     the continuation of processes (such as claims and applications) that were begun under the former Part III;

without the need for people to make new claims or begin those processes again.

Saving of pensions and qualifying service determinations

7. (1) If a determination granting a claim for a pension, or a decision that a person has rendered qualifying service, under the former Part III is in force immediately before I July 1991, the determination or decision has effect, from 1 July 1991, as if it were a determination under the new Part III granting a claim for the corresponding pension under the new Part III or granting a claim for a qualifying service determination under the new Part III.

   Note: for the statutory authority for the determination and decision under the former Part III see subsections 46 (1) and 43 (6) and section 59 of that