Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p31
Version: federal_register_of_legislation:C2004A04148
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the Administrative Appeals Tribunal Act 1975.

   Note: section 29 of the Administrative Appeals Tribunal Act 1975 deals with the manner of applying for review.".

Paragraph 176 (3) (a):

  Omit "62", substitute "57e".

Subsection 176 (8):

Omit all words from and including "under sub-section 58 (1)", substitute:

  "(a) to cancel or suspend a service pension under section 56e; or

   (b)     to reduce the rate of a service pension under section 56d; or

(c)     to increase the rate of a service pension under section 56c; and the decision was one that was:

   (d)     affirmed by the Commission under section 57b; or

     (e) made by the Commission in substitution for a decision set aside under section 57b;

the Administrative Appeals Tribunal need not make another decision in substitution for the decision set aside by it.".

Subsection 177 (5):

  Omit "59" (3 times occurring), substitute "57b".

Subsection 189 (5) (definition of "pension"):

  Omit ", a wife's service pension, a carer's service pension,".

Subsection 198 (1) (definition of "relevant amount"):

  Omit the definition.

SCHEDULE 3—continued

Subsection 198 (1) (paragraphs (f), (g) and (h) of the definition of "relevant rate"):

  Omit the paragraphs.

Subsection 198 (1) (definition of "relevant year"):

  Omit the definition.

Subsection 198 (1) (definition of "rent assistance amount"):

  Omit the definition.

Paragraphs 198 (4) (aa) and (c):

  Omit the paragraphs.

Subsection 198 (4a):

  Omit the subsection.

Subsection 198 (5):

  Omit "or (4a)".

Subsections 198 (5b), (5c), (5e) and (5f):

  Omit the subsections.

Subsections 198 (6), (7), (8) and (9):

  Omit the subsections.

Subsection 198 (10):

  (a)     Omit "relevant year".

  (b)     Omit "or year" (wherever occurring).

Sections 198b and 198c:

  Repeal the sections.

Subsection 201 (5) (definition of "veteran"):

Omit the definition, substitute: " 'veteran' includes:

  (a)     a Commonwealth veteran; and

  (b)     an allied veteran; and

  (c)     an Australian mariner; and

  (d)     an allied mariner; and

    (e)     a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68 (1).".

SCHEDULE 3—continued

Section 207:

  Repeal the section.

              SCHEDULE 4 Section 21

CONSEQUENTIAL AMENDMENTS OF OTHER ACTS

Defence Service Homes Act 1918

Subsection 4 (1) (paragraphs (ga) and (gb) of the definition of "Australian Soldier"):

  Omit "5 (12)", substitute "5b (2)".

Disability Services Act 1986

Paragraph 22 (4) (b):

  Omit ", a wife's service pension or a carer's service pension".

Health Insurance Act 1973

Paragraph 3 (10) (b):

  Omit ", a wife's service pension or a carer's service pension".

National Health Act 1953

Subsection 4 (1) (paragraph (b) of the definition of "pensioner"):

  Omit the paragraph, substitute:

  "(b) a person:

         (i) who is receiving a service pension under Part III of the Veterans' Entitlements Act 1986; and

         (ii) who is eligible for fringe benefits under section 53a of that Act;".