Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p3
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 4894–7779

Section 29 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "making" and substituting "service on the claimant, in accordance with section 47a, of a copy"; and
    (b) by omitting sub-section (2).

Review by Commission
10. Section 31 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "under this Division" and substituting "(other than a service pension)"; and
    (b) by adding at the end thereof the following sub-section:
         "(3) This section—
         (a) does not apply in relation to—
           (i) a decision of the Repatriation Review Tribunal referred to in section 107vzb;
           (ii) a decision of the Administrative Appeals Tribunal referred to in section 107vzb in its application by virtue of section 107vzze;
           (iii) a decision of the Repatriation Review Tribunal referred to in sub-section (1) of section 107vzc that is binding on the Commission by reason that the appropriate period specified in that sub-section has not expired; or
           (iv) a decision of the Administrative Appeals Tribunal referred to in sub-section (1) of section 107vzc, in its application by virtue of section 107vzze, that is binding on the Commission by reason that the appropriate period specified in that sub-section has not expired; and
        (b) subject to section 107vj and sub-section (2) of section 107vzc, does not apply in relation to an assessment made by a decision to which sub-paragraph (iii) or (iv) of paragraph (a) applies.".

Hearing and determination of claims, &c.
11. Section 47 of the Principal Act is amended—
    (a) by omitting from sub-section (1)—
    ", a Board, an Appeal Tribunal or an Assessment Appeal Tribunal, in hearing, considering, determining or deciding a claim, application or appeal"
    and substituting—
    "or a Board, in hearing, considering, determining or deciding a claim or application, and the Commission, in hearing, considering or deciding an appeal"; and
    (b) by omitting sub-section (2) and substituting the following sub-section:
    "(2) The Commission or a Board shall grant a claim or application, and the Commission shall allow an appeal, unless it is satisfied, beyond reasonable doubt, that there are insufficient grounds for granting the claim or application or allowing the appeal, as the case may be.".
12. Section 47a of the Principal Act is repealed and the following section substituted:

Reasons for decision of Commission or Board to be included in decision, &c.
"47a. (1) Where, in a proceeding before the Commission or a Board, the Commission or the Board makes a decision relating, in whole or in part, to a prescribed matter, the Commission or the Board shall cause to be prepared a written record of the decision containing a statement of the reasons for the decision, so far as the decision relates to the prescribed matter, including any