Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p12
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 12/38)
Character Range: 47902–50664

to be taken to have been issued on that day.".

(2) In spite of subsection (1), subsections 16 (11b) and (11c) of the Principal Act (as in force before the commencement of this section) continue to apply in relation to a certificate revoked or issued under subsection 16(11) of that Act.

(3) Where, before the commencement of this section, the Administrative Appeals Tribunal or the Federal Court of Australia made a decision or order setting aside or varying a decision by the Commissioner to issue a benefit classification certificate in respect of a person under subsection 16 (11) of the Principal Act as then in force, then in spite of subsection (1) of this section and section 21:

   (a) subsections 16 (11) to (11c), inclusive, of the Principal Act (as in force before the commencement of this section) continue to apply in relation to:

(i) a requirement on the basis of which; and

(ii) information on the basis of the giving of which;

   the Commissioner decided to issue the certificate or to specify in it a particular physical or mental condition; and

    (b) section 16ac of the Principal Act as amended by this Act does not apply in relation to:

(i) a question the asking of which constituted, or formed part of, such a requirement; or

(ii) such information.

(4) In subsection (3):

"information" includes information allegedly given;

"requirement" means a requirement, or an alleged requirement, to give information;

"set aside" includes quash.

21. (1) After section 16 of the Principal Act the following sections are inserted:

Benefit event happening before section 16 procedures completed

"16aa. (1) In this section:

'benefit event', in relation to a person who is an eligible employee, means:

    (a) the person's death; or

    (b) the person ceasing to be an eligible employee because of retirement on the ground of invalidity; or

    (c) the annual rate of salary of the person decreasing under such circumstances that the Commissioner is satisfied that the decrease can properly be attributed to physical or mental incapacity;

'condition' means a physical or mental condition;

'examination' means a medical examination.

"(2) Subsections (3) to (9), inclusive, apply where, as at the time of a benefit event in relation to a person who is an eligible employee:

    (a) the person has undergone no examination under subsection 16 (2); or

    (b) the person has undergone such an examination, or 2 or more such examinations, but the Commissioner has not yet decided that the person should not be required under subsection 16 (2) to undergo a further examination; or

    (c) the Commissioner has so decided but has not yet considered the report or reports of the result or results of the examination or examinations that