Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p34
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 85883–88705

the recommendations of the Committee; and

    (b)     any principles formulated by the Minister that were relevant to the decision; and

  (c)     any other matter that the Board considers relevant;

the Board must, by instrument setting out the reasons for so doing, affirm or vary the decision or set it aside and substitute another decision for it.

"(2) The Board must make available a copy of an instrument mentioned in subsection (1) to the applicant.".

Review of decisions of the Commissioner

  56. Section 154 of the Principal Act is amended:

    (a)     by omitting from subsection (4) "he" and substituting "the Commissioner";

    (b)    by omitting subsection (5) and substituting the following subsection:

     "(5) Where the Commissioner confirms, revokes or varies a decision, the Commissioner must, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration of the decision and the reasons for confirming, revoking or varying the decision, as the case may be.".

General provisions applicable to elections under Act

  57. Section 157 of the Principal Act is amended:

    (a)     by omitting from subsection (2a) "Where" and substituting "Subject to subsection (2b), where";

  (b)    by inserting after subsection (2a) the following subsection:

     "(2b) Subsection (2a) does not apply in respect of an election under section 110t.".

58. (1) Section 165 of the Principal Act is repealed and the following section is substituted:

Delegation

"165. The Minister may, by signed instrument, delegate all or any of his or her powers under this Act or the regulations to:

  (a)     the Board; or

  (b)     a member of the Board; or

  (c)     the Commissioner; or

    (d)     a member of the staff assisting the Commissioner in the performance of his or her functions under this Act; or

  (e)     an officer of the Department.".

(2) A delegation made by the Minister under section 165 of the Principal Act that was in force immediately before the commencement of this section is taken, after that commencement, to have been made by the Minister under that section of the Principal Act as amended by this Act.

Regulations

59. Section 168 of the Principal Act is amended by adding at the end the following subsection:

"(10) Regulations made within a period of 12 months after the commencement of this subsection for the purposes of section 126, 180 or 183 may be expressed to have taken effect from and including a day not earlier than the day of that commencement.".

Medical examinations and benefit classification certificates

60. Section 184 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2a) Subsection (2) does not apply in relation to a person who, on 30 June 1990 was, and until