Document ID: chunk:federal_register_of_legislation:C2016C00143:section:20:p1
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 20 (pt 1/3)
Character Range: 59054–61575

20  Reviews of certain decisions made under repealed Acts
 (1) Where, but for the repeals effected by subsection 3(1) of the Veterans' Entitlements Act, a person would have had, on or after the commencing date, a right to make application under section 107VC of the Repatriation Act for a review of a decision of the Commission made before that date, application may, subject to subsections (3), (4), (6) and (7) of this section, be made to the Board under section 135 of the Veterans' Entitlements Act for a review of that decision.
 (2) Where, but for the repeals effected by subsection 3(1) of the Veterans' Entitlements Act, a person would have had, on or after the commencing date, a right to make application under section 90C of the Repatriation Act for a review of a decision of the Commission made before that date, application may be made to the Commission under Division 19 of Part III of the Veterans' Entitlements Act for a review of that decision.
 (3) Subject to subsections (4) and (6), an application under subsection (1) for a review of a decision of the Commission may be made within 12 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2) of the Veterans' Entitlements Act, but not otherwise.
 (4) An application under subsection (1) for a review of a decision of the Commission (including a decision of a Repatriation Board deemed by section 50 of the Repatriation Legislation Amendment Act 1984 to be a decision of the Commission), being a decision made before 1 January 1985:
 (a) assessing a rate of pension or an increased rate of pension;
 (b) refusing to grant a pension on the ground that the extent of the incapacity of the applicant is insufficient to justify the grant of a pension;
 (c) refusing to increase the rate of a pension; or
 (d) reducing the rate of a pension;
may be made on a day not later than the day that occurs 3 months after the day on which a copy of that decision was served on the applicant, but not otherwise.
 (5) Subsection (2) does not apply to a decision of a Repatriation Board if an appeal to the Commission against that decision had been instituted before 1 January 1985.
 (6) An application under subsection (1) for a review of a decision of the Commission (being a decision made on or after 1 January 1985 that is of a kind referred to in paragraph (4)(a), (b), (c) or (d)) may be made within 3 months after service on the person to whom the decision relates of a copy of that decision