Document ID: chunk:federal_register_of_legislation:C2016C00143:section:20:p2
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 20 (pt 2/3)
Character Range: 61375–64001

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 in accordance with subsection 34(2) of the Veterans' Entitlements Act, but not otherwise.
 (6A) An application under subsection (2) for a review of a decision of the Commission may be made within the period of 3 months after service on the person to whom the decision relates of notice of the decision or within the period of 3 months after the date of commencement of this subsection, whichever last expires, but not otherwise.
 (7) Subsection (1) does not apply to a decision of the Commission if an application for a review of that decision has been made to the Board before the commencing date and that application has not been withdrawn and has not been otherwise disposed of.
 (8) Subsections 135(4) and (5) of the Veterans' Entitlements Act do not apply to or in relation to an application to which subsection (1) of this section applies.
 (9) 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 107VZW of the Repatriation Act for a review of a decision of the Commission or of the Board made before that date, application may, subject to section 29 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with subsection 176(4) 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 by that Tribunal, and the application shall be heard and determined by that Tribunal accordingly.
 (10) Subsection (9) does not apply to a decision of the Commission or the Board if an application for a review of that decision had been made to the Administrative Appeals Tribunal before the commencing date and that application has not been withdrawn and has not been otherwise disposed of.
 (10A) Where, on or after 6 June 1985 and before the commencing date, the Board has:
 (a) affirmed a decision of the Commission not to grant a claim for a pension (not being a service pension); or
 (b) made, in substitution for a decision of the Commission, a decision not to grant a claim for a pension;
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