Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p11
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 26159–28967

and had not attained his or her maximum retiring age.
     "(11b) Where the Commissioner, in pursuance of paragraph (11) (c), revokes a benefit classification certificate and issues a new benefit classification certificate in substitution for that certificate, the first-mentioned certificate shall be deemed never to have been issued and the new certificate shall be deemed to have been issued under sub-section (4) on the day that was, but for the operation of this sub-section, the day on which the first-mentioned certificate was issued.
     "(11c) Where the Commissioner, in pursuance of paragraph (11) (d), issues a benefit classification certificate, the certificate shall be deemed to have been issued under sub-section (4) on the day that the Commissioner determines to be the day on which a benefit classification certificate would have been issued if the person concerned had not, at or in connection with a medical examination, failed to give the information the person was required to give or had not given false or misleading information.";
     (j) by omitting from sub-section (12) ", and a copy of any revocation or variation of such a certificate, and notice of refusal by the Commissioner of a request to revoke or vary such a certificate," and substituting ", notice of any revocation of such a certificate and notice of any refusal by the Commissioner of a request under sub-section (6) in relation to such a certificate,"; and
     (k) by omitting from sub-section (13) "that deals with matters arising under this Act".
(2) Where the Commissioner has not, before the commencement of this section, taken action under sub-section 16 (8) of the Principal Act in respect of a request made under sub-section 16 (6) of that Act for the revocation or variation of a benefit classification certificate, the Commissioner shall, for the purposes of the Principal Act as amended by this section, treat the request—
     (a) if it is a request for the revocation of a benefit classification certificate—as if it were a request made under sub-section 16 (6) of the Principal Act as so amended for the revocation of that benefit classification certificate; or

     (b) if it is a request for a variation of a benefit classification certificate—as if it were a request made under sub-section 16 (6) of the Principal Act as so amended for the revocation of that certificate and for the issue of a new benefit classification certificate in substitution for that certificate.

11. Section 22 of the Principal Act is repealed and the following section is substituted:

Resignation
"22. The Commissioner may resign office by writing signed by the Commissioner and delivered to the Governor-General.".

Termination of appointment
12. Section 23 of the Principal Act is amended—
     (a) by inserting after