Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p3
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 7167–9765

granting a claim for a qualifying service determination under the new Part III.

   Note: for the statutory authority for the determination and decision under the former Part III see subsections 46 (1) and 43 (6) and section 59 of that Act.

(2) If a determination directing the making of a payment of a pension under the former Part III is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under the new Part III directing the making of a payment of the corresponding pension under the new Part III.

   Note: for the statutory authority for the determination under the former Part III see subsection 46 (2) and section 59 of that Act.

(3) If a determination of the rate of a pension under the former Part III is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under the new Part III of the rate of the corresponding pension under the new Part III.

   Note: for the statutory authority for the determination under the former Part III see subsections 46 (2) and 58 (1) and (3) and section 59 of that Act.

Instruments in force on 30 June 1991

  8. (1) If:

     (a)     an instrument made under a provision of the Principal Act is in force immediately before 1 July 1991; and

     (b)     the provision under which it was made is repealed on 1 July 1991; and

     (c) a provision with the same legal effect is included in the Principal Act as in force on 1 July 1991;

the instrument has effect as if it were an instrument made under the provision referred to in paragraph (c).

  (2) Without limiting subsection (1), the instrument may be:

  (a)     a determination or decision; or

  (b)     a direction; or

  (c)     an approval; or

  (d)     a notice; or

  (e)     a declaration; or

  (f)      an authorisation.

(3) If an instrument to which subsection (1) applies was, when made, to have effect only for a limited period, the instrument has effect under subsection (1) only for so much of the period as had not already expired before 1 July 1991.

  Saving of claims for pensions and qualifying service determinations

  9. (1) If:

  (a) a person has lodged a claim for:

       (i) a pension; or

     (ii) a decision that the person has rendered qualifying service; under the former Part III; and

(b)     the claim has not been determined before 1 July 1991; the claim has effect from 1 July 1991 as if it were a claim for:

  (c)     a corresponding pension; or

(d)     a qualifying service determination; under the new Part III.

  (2)