Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p61
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 148543–151303

(d) by reason of the circumstances referred to in a paragraph of section 24a being applicable to the veteran;
    in a case to which paragraph (a), (b) or (c) applies, a pension should be cancelled or suspended or is being paid at a higher rate than it should be or, in a case to which paragraph (d) applies, a pension is being paid at a higher rate than it should be, the Commission may, by determination in writing, cancel or suspend or decrease the rate of the pension, or decrease the rate of the pension, as the case may be, with effect, subject to subsection (5b), from the day on which the determination was made or such later day as is specified in the determination.".
Commencement: 22 May 1986

(2) Section 55 of the Principal Act is amended by inserting after subsection (5c) the following subsection:
    "(5d) Where the Commission determines that a pension be suspended:
    (a) the Commission may, in the same determination, fix the date of re-commencement of the pension; or
    (b) if the Commission does not so fix the date of re-commencement, the Commission shall, in a subsequent determination, fix the date of re-commencement of the pension unless it makes a further determination cancelling the pension.".
Commencement: Immediately after the commencement of the provisions of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than section 61 of that Act)

(3) Section 55 of the Principal Act is amended:
    (a) by omitting from subparagraph (1) (a) (i) "or"; and
    (b) by adding at the end of paragraph (1) (a) the following subparagraph:

          "(iii) an application for an attendant allowance in accordance with section 21; or".
Commencement: Day of Royal Assent

Recovery of overpayments
110. Section 55a of the Principal Act is amended by adding at the end the following subsection:
"(6) Where a person becomes liable to pay an additional amount under subsection (5), the amount may be recovered as if it were an amount that is recoverable under subsection (1).".
Commencement: Immediately after the commencement of section 42 of the Social Security and Veterans' Entitlements Amendment Act 1987

111. After section 57a of the Principal Act the following section is inserted:

Delegation by Secretary
"57b. (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to an officer or employee of the Australian Public Service all or any of the Secretary's powers under this Act or the regulations, except this power of delegation.
"(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised by the Secretary.