Document ID: chunk:federal_register_of_legislation:C2004A03129:schedule:1:p9
Version: federal_register_of_legislation:C2004A03129
Segment Type: schedule
Provision Reference: sch 1 (pt 9/12)
Character Range: 58540–61164

by this Act.
(2) Subject to sub-section (3), where the Administrative Appeals Tribunal, upon application made by the Commission, reviews, after the commencement of this Act, a decision given by the Veterans' Review Board upon an application that had been made to that Board before 15 May 1985, being a decision granting a claim for a pension, the person who made the decision shall be deemed, for the purposes of section 43 of the Administrative Appeals Tribunal Act 1975, to have the powers and discretions conferred on that person by the relevant Acts, apart from the amendments of those Acts made by this Act.
(3) Where the Administrative Appeals Tribunal is reviewing a decision (not being a decision of the Veterans' Review Board to which sub-section (2) applies that was made before 15 May 1985) granting or refusing to grant a claim for a pension with respect to the death or incapacity of a member of the Forces, or is considering and determining the decision to be made by it in substitution for a decision that it has set aside, that Tribunal shall not grant the claim if it is reasonably satisfied—
    (a) that the investigation of the claim did not disclose material, and there is no other material before the Tribunal, that raises a reasonable hypothesis that there exists a connection required by this Act to exist between the death or incapacity of the member and the member's war service; or
    (b) that any such reasonable hypothesis raised by material before the Tribunal has been dispelled.

Cessation of operation of certain provisions
72. (1) Section 16, sub-sections 17 (2), 19 (2), 21 (2), 23 (2) and 24 (2), sections 25 and 32, Part IV, sub-sections 54 (2) and 61 (2) and sections 69, 70 and 71 shall cease to be in force at the expiration of 6 months after the commencement of this Act.

(2) When provisions of this Act cease to be in force by virtue of sub-section (1), the relevant Acts shall have effect as if those Acts had not been amended by those provisions.
(3) After the expiration of 6 months after the commencement of this Act, the relevant Acts apply, in accordance with sub-sections (1) and (2), to and in relation to—
    (a) decisions of the Commission in respect of claims for pension where consideration of the claims by the Commission commenced after the expiration of that period;
    (b) decisions of the Veterans' Review Board in respect of reviews of decisions of the Commission referred to in paragraph (a); and
    (c) decisions of the Administrative Appeals Tribunal in respect of reviews of decisions of the Commission referred to in paragraph (a) or reviews of decisions