Document ID: chunk:federal_register_of_legislation:C2004A00148:section:17:p6
Version: federal_register_of_legislation:C2004A00148
Segment Type: section
Provision Reference: s 17 (pt 6/10)
Character Range: 25666–28212

pension or the date of the notification of the refusal by the Commission or a Pensions Committee to alter the existing assessment; or
(d) the date of the notification by the Commission or a Pensions Committee that the incapacity of the mariner did not warrant a pension assessment,
or, if the appellant was at any time during that period a resident of the Torres Strait Islands, within a further 3 months after the expiration of that period, lodge with the person who is the prescribed person for the purposes of sub-section (1) of section 67 of the Repatriation Act 1920-1974 an appeal against the current assessment of the rate of his pension or against the decision that a pension assessment is not war­ranted, as the case may be.
"(2) The person with whom an appeal is lodged under sub-section (1) shall forward it to an Assessment Appeal Tribunal with all the records relative to the assessment appealed against or to the decision that a pension assessment was not warranted, as the case may be.
"(3) Sections 68, 69 and 71 of the Repatriation Act 1920-1974 apply in relation to an appeal under sub-section (1) as if that appeal were an appeal by a member of the Forces under section 67 of that Act.
"(4) For the purposes of the application, by virtue of sub-section (3) of this section, of the provisions of the Repatriation Act 1920-1974 referred to in that sub-section—
    (a) a reference in those provisions to a Repatriation Board shall be read as a reference to a Pensions Committee;
    (b) a reference in those provisions to Division 3 of Part III of the Repatriation Act 1920-1974 shall be read as a reference to this section;
    (c) a reference in those provisions to the Repatriation Act 1920-1974 shall be read as a reference to this Act; and
    (d) a reference in those provisions to a pension shall be read as a reference to a pension under this Act.

Application or certain provisions of the Repatriation Act.
"8ac. (1) Division 4 of Part III of the Repatriation Act 1920-1974—
    (a) applies in relation to an appeal under section 8aa of this Act as if that appeal were an appeal under section 64 of that Act; and
    (b) applies in relation to an appeal under section 8ab of this Act as if that appeal were an appeal under section 67 of that Act.
"(2) For the purposes of the application, by virtue of sub-section (1) of this section, of Division 4 of Part III of the Repatriation Act 1920-1974—
    (a) a reference in that Division to a Repatriation Board shall be read as a reference to a Pensions Committee;
    (b) a