Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p26
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 61472–64371

and shall—
    (a) where the application relates to a decision of the Commission— refer the application to the President of the Repatriation Review Tribunal; or
    (b) in any other case—request the Commission to review the decision the subject of the application.
"(5) Within 3 months after the service on the applicant, in accordance with section 47a, of a copy of the decision of the Commission on a review under sub-section (4) the applicant may notify the President of the Repatriation Review Tribunal requesting that the decision of the Commission be referred for review by the Administrative Appeals Tribunal.
"(6) If no notification by an applicant referred to in sub-section (5) is received by the President of the Repatriation Review Tribunal within the period referred to in that sub-section, the President shall treat the application concerned as having lapsed.
"(7) The President of the Repatriation Review Tribunal shall consider any application under sub-section (4), or any notification under sub-section (5), received by him and shall—
    (a) if he considers that the decision the subject of the application or notification involves an important principle of general application with respect to entitlement to, or assessment of, pension under this Act—refer that decision to the President of the Administrative Appeals Tribunal, together with a statement of his reasons for so concluding and particulars of any submissions made in support of the application or the notification (including a copy of the statement of the reasons of the applicant furnished under sub-section (3)), with a request for a review by that Tribunal of that decision; and
    (b) in any other case—refuse the request for such a review, and notify the applicant accordingly, including in the notification a statement of his reasons for his refusal.

"(8) Where the President of the Administrative Appeals Tribunal receives a request under sub-section (1) or (7) for a review by that Tribunal of a decision, he shall—
    (a) direct the review by that Tribunal, in accordance with the Administrative Appeals Tribunal Act 1975, of that decision; and
    (b) notify the President of the Repatriation Review Tribunal accordingly.
"(9) In a direction under sub-section (8), the President of the Administrative Appeals Tribunal may indicate his intention to nominate the President of the Repatriation Review Tribunal as one of the persons to constitute the Administrative Appeals Tribunal for the purposes of the proceeding before the Administrative Appeals Tribunal on the review to which the direction relates and, if he does so, the President of the Repatriation Review Tribunal shall, with respect to that proceeding, be deemed to be a non-presidential member of the Administrative Appeals Tribunal for the purposes of the Administrative Appeals Tribunal Act 1975.
"(10) Where the President of the Repatriation