Document ID: chunk:federal_register_of_legislation:C2016C00143:section:26aaa
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 26AAA
Character Range: 150326–152878

26AAA  Who may make claim or application
  A claim under subsection 26(1) for a pension for an Australian mariner or for a dependant of a deceased Australian mariner, an application under subsection 26AA(1) for an increase in the rate of pension payable to an Australian mariner or an application under subsection 26AA(2) for a pension for an Australian mariner may be made:
 (a) by the mariner or dependant, as the case may be;
 (b) with the approval of the mariner or dependant, as the case may be, by another person on behalf of the mariner or dependant;
 (c) in the case of a mariner or dependant, as the case may be, who is unable, by reason of physical or mental incapacity, to approve a person to make the claim or application on his or her behalf—by another person, being a person approved by the Commission or a Pensions Committee, on behalf of the mariner or dependant; or
 (d) in the case of a dependant who is under the age of 18 years:
 (i) by a parent or guardian of the dependant;
 (ii) by another person approved by a parent or guardian of the dependant; or
 (iii) if there is not a parent or guardian of the dependant alive, or willing and able to make or approve a person to make, such a claim or application on behalf of the dependant—by another person, being a person approved by the Commission or a Pensions Committee;
  on behalf of the dependant.

Subsection 26AB(1):
 (a) After "claimant", insert "or applicant".
 (b) After "claim" (wherever occurring), insert "or application".
 (c) Omit "for a pension".

Subsection 26AB(2):
Omit the subsection, substitute the following subsection:
 (2) The withdrawal of a claim or application does not prevent the claimant from subsequently making another claim under section 26, or the applicant from subsequently making another application under section 26AA.

Subsection 26A(1):
Omit the subsection, substitute the following subsection:
 (1) Where a claim is made for a pension under subsection 26(1), or an application is made for an increased pension under subsection 26AA(1) or for a pension under subsection 26AA(2), the Secretary shall cause an investigation to be made into the matters to which the claim or application relates.

Subsection 26A(2):
After "claim" (wherever occurring), insert "or application".

Subsection 26A(3):
 (a) After "claim" (wherever occurring), insert "or application".
 (b) After "claimant" (in paragraph (a)), insert "or applicant".

Section 28:
Repeal the section.

Sections 28A, 29, 30 and 31:
Repeal the sections, substitute the following sections: