Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p57
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 138490–141261

would have been paid to the beneficiary had the beneficiary been alive at the time of approval shall be distributed to the child or to those children in equal shares.
"(3) Where:
    (a) a sibling of the deceased predeceases the deceased or dies before the approval of a payment under the applicable sections; and
    (b) there is a known child of the sibling or there are known children of the sibling;
the amount that would have been paid to the sibling had the sibling been alive at the time of approval shall be distributed to that child or to those children in equal shares.

Non-distributable amounts
"123e. Where the Commission determines in writing that it is not possible to pay the whole or part of the distributable amount in accordance with sections 123b and 123c, that amount or that part of that amount ceases to be payable to the deceased.".
Commencement: Day of Royal Assent

Review of decisions in respect of pensions and attendant allowances
91. Section 135 of the Principal Act is amended:
    (a) by inserting in subsection (2) "or attendant allowance" after "pension";

    (b) by inserting in subsection (3) "or attendant allowance" after "pension" (wherever occurring); and
    (c) by inserting in subsection (5a) ", (2) or (3)" after "subsection (1)".
Commencement: Day of Royal Assent

Board not bound by technicalities etc.
92. Section 138 of the Principal Act is amended by inserting in paragraph (2) (a) "and attendant allowance" after "pension" (second occurring).
Commencement: Day of Royal Assent

Applications for review
93. Section 175 of the Principal Act is amended by inserting in subsection (2) ", 53" after "46" (wherever occurring).
Commencement: Day of Royal Assent

Application of Administrative Appeals Tribunal Act
94. Section 176 of the Principal Act is amended by inserting in subsection (7) "or attendant allowance" after "pension" (wherever occurring).
Commencement: Day of Royal Assent

Powers of Commission
95. Section 181 of the Principal Act is amended:
    (a) by omitting from subsection (3) "it" and substituting "its"; and
    (b) by adding at the end the following subsections:
    "(4) The Commission may engage a person under paragraph (3) (d) even if the contract under which the person is engaged provides benefits to the person that are normally provided only to persons who are engaged as employees.
    "(5) Where a person is engaged under paragraph (3) (d) and the contract under which the person is engaged provides benefits to the person that are normally provided only to persons who are engaged as employees, the contract shall, for the purposes of this Act and any other law of the Commonwealth be taken to be a contract for the performance of services and not a contract of employment.".
Commencement: