Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p37
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 89092–91872

the Administrative Appeals Tribunal referred to in sub-section (1) of section 107vzc of the Repatriation Act, in its application by virtue of section 107vzze of the Repatriation Act, 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, of the Repatriation Act, does not apply in relation to an assessment made by a decision to which sub-paragraph (iii) or (iv) of paragraph (a) applies.
"(5) In this section, 'Repatriation Act' means the Repatriation Act 1920 in its application by virtue of section 37 of this Act.".
PART VII—AMENDMENT OF THE REPATRIATION ACTS AMENDMENT ACT 1978

Principal Act
45. The Repatriation Acts Amendment Act 1978 is in this Part referred to as the Principal Act.

Interpretation
46. Section 37 of the Principal Act is amended by omitting paragraph (c) of the definition of "determining Authority" and substituting the following paragraph:
"(c) the Repatriation Review Tribunal;".

PART VIII—TRANSITIONAL

Interpretation
47. In this Part, "Appeal Tribunal" means a War Pensions Entitlement Appeal Tribunal.

Appeals lodged, but not determined, before commencement of this Part
48. (1) An appeal lodged under section 64 of the Repatriation Act 1920 or section 8aa of the Seamen's War Pensions and Allowances Act 1940, but not determined by an Appeal Tribunal, before the commencement of this Part shall, after the commencement of this Part, be treated, for the purposes of the Repatriation Act 1920 or the Seamen's War Pensions and Allowances Act 1940, whichever is the appropriate Act, as if it were an application under section 107vc of the Repatriation Act 1920 or section 34 of the Seamen's War Pensions and Allowances Act 1940, whichever is the appropriate section, for a review by the Repatriation Review Tribunal of the determination the subject of the appeal, and, for the purposes of that review, that determination shall be deemed to be a decision.
(2) An appeal lodged under section 67 of the Repatriation Act 1920 or section 8ab of the Seamen's War Pensions and Allowances Act 1940, but not determined by an Assessment Appeal Tribunal, before the commencement of this Part shall, after the commencement of this Part, be treated, for the purposes of the Repatriation Act 1920 or the Seamen's War Pensions and Allowances Act 1940, whichever is the appropriate Act, as if it were an application under section 107vd of the Repatriation Act 1920 or section 35 of the Seamen's War Pensions and Allowances Act 1940, whichever is the appropriate section, for a review by the Repatriation Review Tribunal of the decision the subject of the appeal or, if the subject of the appeal was the current assessment