Document ID: chunk:federal_register_of_legislation:C2016C00143:section:64:p2
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 64 (pt 2/2)
Character Range: 125494–127432

of Veterans' Pensions as approved and in force under section 29 of the Veterans' Entitlements Act, it shall state in the decision that the degree of incapacity was determined in accordance with the provisions of that Guide.
 (5) Where, on or after the commencing date and before 1 November 1986, the Commission or a Pensions Committee makes a decision determining the degree of incapacity of an Australian mariner as a direct result of having sustained a war injury of a kind referred to in subsection (3) and states in the decision that the degree of incapacity was determined according to the provisions of the Guide to the Assessment of Rates of Veterans' Pensions as approved and in force under section 29 of the Veterans' Entitlements Act:
 (a) the Board shall, if it reviews that determination; or
 (b) the Administrative Appeals Tribunal shall, if it reviews a decision of the Board affirming or setting aside that determination;
make its decision on the review with respect to that degree of incapacity according to the provisions of that Guide.
 (6) Where:
 (a) the Board reviews a decision of the Commission or a Pensions Committee made on or after 1 November 1986 determining the degree of incapacity of an Australian mariner as a direct result of having sustained a war injury of a kind referred to in subsection (3); or
 (b) the Administrative Appeals Tribunal reviews a decision of the Board affirming such a decision of the Commission or a Pensions Committee or a decision of the Board made in substitution for such a decision of the Commission or a Pensions Committee that has been set aside by the Board;
the Board or the Administrative Appeals Tribunal, as the case may be, shall make its decision on the review with respect to that degree of incapacity according to the provisions of the Guide to the Assessment of Rates of Veterans' Pensions as approved and in force under section 29 of the Veterans' Entitlements Act.