Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p2
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 2499–5149

with sub-section (2) of section 43 of the Administrative Appeals Tribunal Act 1975; and".

6. After section 17 of the Principal Act the following section is inserted:

Delegation by Minister
"17a. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act other than this power of delegation.
"(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
"(3) A delegation under this section does not prevent the exercise of a power by the Minister.".

Interpretation
7. Section 23 of the Principal Act is amended by omitting the definition of "Appeal Tribunal".
8. Section 24a of the Principal Act is repealed and the following section substituted:

Death or mental affliction of claimant
"24a. (1) On the death of a claimant, the legal personal representative of the claimant or, if there is no legal personal representative of the claimant, a person approved by the Commission as a representative of the claimant may, for any purpose in connection with the claim of the claimant, in respect of any period before the death of the claimant, take such action as the claimant could have taken if he had not died and, for that purpose, the legal personal representative, or the person so approved as the representative, of the claimant shall be treated as if he were the claimant.
"(2) A person approved by the Commission as the representative of a member of the Forces, or a dependant of a member of the Forces, who is mentally afflicted may—
    (a) lodge a claim on behalf of the afflicted person and, for any purpose in connection with that claim, take such action as the afflicted person could have taken if he were not mentally afflicted; or
    (b) for any purpose in connection with a claim lodged by the afflicted person, take such action as the afflicted person could have taken if he had not become mentally afflicted,
and, for that purpose, the representative shall be treated as if he were the afflicted person.
"(3) In this section, 'claim' means a claim for a pension, and includes an application under Part IIIa for a review of a decision of the Commission or a Board, and 'claimant' has a corresponding meaning.".

Date of operation of determination of Commission on appeal
9. Section 29 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "making" and substituting "service on the claimant, in accordance with section 47a, of a copy"; and
    (b) by omitting sub-section (2).

Review by Commission
10. Section