Document ID: chunk:federal_register_of_legislation:C2016C00143:section:54:p2
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 54 (pt 2/3)
Character Range: 167414–169984

section 35 for a review of such a decision of the Commission or a Pensions Committee but has not been determined by the Board;
the Commission may, in its discretion, review that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if it had been made by the Board, in substitution for the original decision, upon a review of the original decision.

Subsection 55(2):
Insert "and, with the consent of the applicant, vary that decision" after "review that decision".

Subsection 55(5):
 (a) Omit "or (2)".
 (b) Omit "or (2) (a)".
 (c) Omit "or Administrative Appeals Tribunal, as the case may be,".

After subsection 55(5):
Insert the following subsections:
 (5A) Where the Commission is satisfied that:
 (a) having regard to any matter that affects the payment of a pension, being a matter that was not before the Commission, a Pensions Committee, the Board or the Administrative Appeals Tribunal, as the case requires, where the decision to grant the pension or a decision to vary the rate of the pension, was made; or
 (b) by reason of a refusal or failure of any person to comply with a provision of this Act;
a pension should be cancelled or suspended, or the rate of a pension is higher than it should be, the Commission may, by determination in writing, cancel or suspend, or decrease the rate of, the pension with effect, subject to subsection (5B), from the date of the determination or such later date as is specified in the determination.
 (5B) Where a determination is made under subsection (5A):
 (a) by reason of the refusal or failure of a person to comply with a provision of this Act other than:
 (i) subsection 29(4) in relation to a notice under paragraph 29(1)(f); or
 (ii) subsection 30(4); or
 (b) by reason that an amount has been paid by way of pension that, but for the false statement or misrepresentation of any person, would not have been paid;
a date earlier than the date of the determination may be specified in the determination as the date as from which the cancellation, suspension or decrease, as the case may be, is to take effect.
 (5C) Where the Commission is satisfied that, having regard to any matter that affects the payment of a pension, the rate of the pension is less than it should be, the Commission may, by determination in writing, increase the rate of the pension with effect from the date of the determination, or such earlier date (not being a date more than 3