Document ID: chunk:federal_register_of_legislation:C2016C00143:section:37:p1
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 37 (pt 1/2)
Character Range: 159702–162239

37  Application of certain provisions of Part IX of Veterans' Entitlements Act
 (1) Part IX (other than section 135, subsections 136(3) and 138(1), section 139 and paragraph 140(3)(b)) of the Veterans' Entitlements Act 1986 applies to, and in relation to, an application under section 35 of this Act as if the application were an application under Part IX of the Veterans' Entitlements Act 1986.
 (2) For the purpose of the application, by virtue of subsection (1), of the provisions of Part IX of the Veterans' Entitlements Act 1986:
 (a) a reference in those provisions to the Commission shall be read as including a reference to a Pensions Committee;
 (b) a reference in those provisions to a pension shall be read as a reference to a pension under this Act;
 (c) a reference in those provisions to a decision of a Pensions Committee (by virtue of the application of paragraph (a) of this subsection) shall be read as including a reference to a determination of a Pensions Committee and an assessment made by a Pensions Committee;
 (d) a reference in those provisions to section 135, or to a subsection of that section, of the Veterans' Entitlements Act 1986 shall be read as a reference to section 35 of this Act, or to the corresponding subsection of section 35 of this Act, as the case may be;
 (e) a reference in those provisions to a review under section 31 of the Veterans' Entitlements Act 1986 shall be read as a reference to a review under section 55 of this Act;
 (f) a reference in those provisions to an application under subsection 15(1) or (2) of the Veterans' Entitlements Act 1986 shall be read as a reference to an application under subsection 26AA(1) or (2) of this Act;
 (g) a reference in those provisions to a decision of a kind referred to in paragraph 135(5)(a), (b), (c) or (d) of the Veterans' Entitlements Act 1986 shall be read as a reference to a decision:
 (i) assessing a rate of pension or increased rate of pension;
 (ii) refusing to grant a pension on the ground that the extent of the incapacity of the Australian mariner is insufficient to justify the grant of a pension;
 (iii) refusing to increase the rate of a pension; or
 (iv) reducing the rate of a pension;
 (h) a reference in those provisions to Part IX of the Veterans' Entitlements Act 1986 shall be read as a reference to the provisions of Part IX of that Act that apply to an application under section 35 of this Act by virtue of subsection (1) of this section;
 (j) a reference in those provisions to an application under Part IX of the