Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p33
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 79211–82061

is in this Part referred to as the Principal Act.

Interpretation
38. Section 3 of the Principal Act is amended—
    (a) by omitting from sub-section (1) the definitions of "Appeal Tribunal" and "Assessment Appeal Tribunal"; and
    (b) by inserting in sub-section (1), after the definition of "the present war", the following definition:
        "'Tribunal' means the Repatriation Review Tribunal established under the Repatriation Act 1920;".

Pensions Committees to consult and co-operate with Commission
39. Section 4a of the Principal Act is amended by omitting paragraph (b) of sub-section (2) and substituting the following paragraph:
    "(b) statements of principles governing the decisions of the Repatriation Review Tribunal, being principles deduced by the Commission from—
        (i) statements of reasons for decisions of that Tribunal prepared in accordance with sub-section (1) of section 107vk of the Repatriation Act 1920 in its application by virtue of section 37 of this Act; or
        (ii) statements of reasons for decisions of the Administrative Appeals Tribunal on reviews in accordance with directions under sub-section (8) of section 107vzzb of the Repatriation Act 1920 in its application by virtue of section 37 of this Act, being statements prepared in accordance with sub-section (2) of section 43 of the Administrative Appeals Tribunal Act 1975; and".
40. Sections 8aa, 8ab, 8ac and 8a of the Principal Act are repealed and the following section is substituted:

Form of decision of Commission or Pensions Committee
"8a. (1) Where, in a proceeding before the Commission or a Pensions Committee, the Commission or the Committee makes a decision relating, in whole or in part, to a prescribed matter, the Commission or the Committee 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 findings of fact in relation to the prescribed matter.
"(2) Where the Commission or a Committee makes a decision referred to in sub-section (1), the Commission or the Committee—
    (a) shall file the decision with the records of the case; and
    (b) shall serve, or cause to be served, either personally or by post, a copy of the decision on the claimant or a person authorized by the claimant.

"(3) In this section—
    'claimant' includes a person to whom a pension or allowance is payable by virtue of a grant under review by the Commission under section 55;
    'decision' includes a determination and an assessment;
    'prescribed matter' means a matter referred to in sub-paragraph (i) or (iv) of paragraph (a), or paragraph (d), of section 5.

No action for making statements under proceedings, &c.
41. Section 8b of the Principal Act is amended—
    (a) by inserting in paragraph (a) "8