Document ID: chunk:federal_register_of_legislation:C2004A03321:body:0:p3
Version: federal_register_of_legislation:C2004A03321
Segment Type: other
Provision Reference: 
Character Range: 5526–8393

years,";
     (b) by omitting from sub-paragraph (1) (b) (ii) "while the pensioner was an eligible employee and not later than 3 years before the pensioner's death," and substituting "not later than 3 years before the pensioner's death but before the pensioner became a retirement pensioner or attained the age of 60 years, whichever last occurred,"; and
     (c) by omitting from sub-paragraph (1) (b) (iii) "while the pensioner was an eligible employee but later than 3 years before the pensioner's death," and substituting "later than 3 years before the pensioner's death but before the pensioner became a retirement pensioner or attained the age of 60 years, whichever last occurred,".

Medical examinations and benefit classification certificates
6. (1) Section 16 of the Principal Act is amended—
     (a) by omitting from sub-section (4) "the person is not likely" and substituting "there is a real risk that the person";
     (b) by omitting from sub-section (4) "to continue" and substituting "will not continue";
     (c) by omitting from paragraph (8) (a) "the person is not likely" and substituting "there is not a real risk that the person";
     (d) by omitting from paragraph (8) (a) "to cease to continue" and substituting "will not continue";
     (e) by omitting from paragraph (8) (a) "before" and substituting "until";
     (f) by omitting from sub-paragraph (8) (b) (i) "the person is not likely" and substituting "there is not a real risk that the person";
     (g) by omitting from sub-paragraph (8) (b) (i) "to cease to continue" and substituting "will not continue";
     (h) by omitting from sub-paragraph (8) (b) (i) "before" and substituting "until";
     (j) by omitting from sub-paragraph (8) (b) (ii) "the person is not likely" and substituting "there is a real risk that the person"; and
     (k) by omitting from sub-paragraph (8) (b) (ii) "to continue" and substituting "will not continue".

(2) Where—
     (a) the Commissioner, before the day on which this Act receives the Royal Assent, has issued a benefit classification certificate in respect of a person pursuant to sub-section 16 (4) of the Superannuation Act 1976; and
     (b) the Administrative Appeals Tribunal has, before the day on which this Act receives the Royal Assent, made a decision setting aside the decision of the Commissioner to issue the certificate,
the decision of the Administrative Appeals Tribunal is not affected by the amendments made by sub-section (1) of this section and the Commissioner is not required or authorised to consider further whether to issue a benefit classification certificate in respect of that person pursuant to sub-section 16 (4) of the Superannuation Act 1976.

7. (1) Section 26 of the Principal Act is repealed and the following section is substituted:

Staff
"26. (1) The staff required to assist the Commissioner to perform