Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p7
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 7/23)
Character Range: 227877–230353

request day, a request under subsection 115(1) of the VEA had been made for a review of the VEA decision.

  (2) If:

  (a) subsection (1) applies to a request; and

    (b) the date of effect of the decision made in response to the request is before 1 July 1994;

the decision has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1994, as if it were a decision under the VEA.

Unfinalised review of decisions—review by AAT

  60.(1) If:

    (a) a person made an application under subsection 39(1) of the SWPA for a review of a decision under the SWPA or the SWPA regulations in relation to a pension, allowance or benefit under the SWPA or the SWPA regulations on a day ("application day") before 1 July 1994; and

  (b) the application was not determined before 1 July 1994;

the VEA has effect as if:

    (c) on the day on which the decision under the SWPA or the SWPA regulations was made, a similar decision ("VEA decision") under the VEA had been made in relation to the corresponding pension, allowance or benefit under the VEA; and

    (d) on the application day, an application under subsection 175(1) of the VEA had been made for a review of that VEA decision.

  (2) If:

  (a) subsection (1) applies to an application; and

     (b) the date of effect of the decision made in response to the application is before 1 July 1994;

the decision has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1994, as if it were a decision under the VEA.

Review by Commission of its own initiative

61.(1) If, before 1 July 1994, the Commission has not completed a review under section 55 of the SWPA of a decision under the SWPA or the SWPA regulations in relation to a pension, allowance or benefit under the SWPA or the SWPA regulations, the Commission is to continue the review, on and after 1 July 1994, as if:

     (a) on the day on which the decision under the SWPA or the SWPA regulations was made, a similar decision ("VEA decision") under the VEA had been made in relation to the corresponding pension, allowance or benefit under the VEA; and

  (b) the review were a review under section 31 of the VEA of the VEA decision.

  (2) If:

  (a) subsection (1) applies to a review; and

     (b) the date of effect of the decision made in response to the review is before 1 July 1994;

the decision has effect, for the period that starts on the date of effect of the decision and