Document ID: chunk:federal_register_of_legislation:C2016C00143:section:20:p3
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 20 (pt 3/3)
Character Range: 63735–65655

by reason that the Board was reasonably satisfied as set out in subsection 107VG(7) of the Repatriation Act, application may, notwithstanding the provisions of section 29 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with paragraph 176(4)(a) of the Veterans' Entitlements Act, be made to the Administrative Appeals Tribunal, under section 175 of the Veterans' Entitlements Act, for a review of that decision of the Board by the Tribunal within the period of 3 months commencing on, and including, the commencing date, and the application shall be heard and determined by that Tribunal accordingly.
 (10B) Subsection (10A) does not apply to a decision of the Board if an application for a review of that decision has been duly made to the Administrative Appeals Tribunal before the commencing date and that application has not been withdrawn.
 (11) A power conferred by the Veterans' Entitlements Act on the Commission:
 (a) to review a decision;
 (b) to cancel or suspend a pension; or
 (c) to increase or decrease the rate of a pension;
extends to reviewing the decision, suspending the pension or increasing or reducing the rate of the pension in respect of a period before the commencing date or cancelling the pension on a date before the commencing date as if that Act had been in force throughout that period or on that date, as the case may be.
 (12) In exercising a power referred to in subsection (11), the Commission:
 (a) may have regard to information received by the Commission, the Board or the Administrative Appeals Tribunal before the commencing date under a repealed Act and to information received by the Commission on or after that date under the Veterans' Entitlements Act; and
 (b) shall make such decision as it considers to be, in all the circumstances of the particular case, in accordance with the provisions of the Veterans' Entitlements Act and of this Act.