Document ID: chunk:federal_register_of_legislation:C2004A00148:section:17:p7
Version: federal_register_of_legislation:C2004A00148
Segment Type: section
Provision Reference: s 17 (pt 7/10)
Character Range: 27984–30641

virtue of sub-section (1) of this section, of Division 4 of Part III of the Repatriation Act 1920-1974—
    (a) a reference in that Division to a Repatriation Board shall be read as a reference to a Pensions Committee;
    (b) a reference in that Division to a pension shall be read as a reference to a pension under this Act; and
    (c) a reference in that Division to a member of the Forces shall be read as a reference to an Australian mariner. ".
Form of determination.
40. Section 8a of the Principal Act is amended—
    (a) by adding at the end of sub-section (1) the following paragraphs:—
       "(c) the Appeal Tribunals;
       (d) the Assessment Appeal Tribunals."; and
    (b) by inserting in the definition of "claimant" in sub-section (4), after the word "appellant", the words "(including a person who is to be treated as an appellant by virtue of sub-section (4b) of section 72 of the Repatriation Act 1920-1974 as applied by virtue of section 8ac of this Act)
41. Section 14 of the Principal Act is repealed and the following section substituted: —

Medical reports.
"14. (1) A medical practitioner shall, in reporting on any claim in relation to an Australian mariner, set out in his report his opinion—
    (a) in the case of a claim in respect of the death of the mariner—as to the cause of the death; and
    (b) in the case of a claim in respect of the incapacity of the mariner—as to the nature, cause and extent of the incapacity.
"(2) Where a medical practitioner entertains a doubt concerning a matter upon which he is required, under sub-section (1), to report, he shall state in his report that he entertains that doubt and shall indicate, so far as practicable, the nature and extent of that doubt.
"(3) This section applies in relation to a medical practitioner, whether an officer of the Department of Repatriation and Compensation or not, who is required by the Commission, a Pensions Committee or an Appeal Tribunal to report on a claim.",

Rate of pension on death or total incapacity.
42. Section 18 of the Principal Act is amended—
    (a) by omitting from sub-section (4a) the words "Eighty-two dollars ten cents" and substituting the symbol and figures "$89.10"; and
    (b) by omitting sub-sections (7) and (8) and substituting the following sub-sections: —
"(7) The rate of pension payable to children of an Australian mariner is—
       (a) in the case of his death—$20.90 per fortnight in respect of each child; or
       (b) in the case of his total incapacity—$2.75 per fortnight in respect of each child.
"(8) Notwithstanding anything contained in sub-section (7), where the mother of the children of a deceased