Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p27
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 67810–70668

circumstances

40. Section 153AJ of the Principal Act is amended by omitting from subsection (1) "Where the decision" and substituting "Subject to section 153ALA, where the decision".

Decision to be referred to Committee

41.     Section 153AK of the Principal Act is amended by inserting in subsection (1) "and section 153ALA" after "subsection (2)".

42.     After section 153AL of the Principal Act the following section is inserted in Division 3 of Part XA:

Reconsideration of certain decisions by a delegate relating to invalidity

"153ALA.(1) If the Board, in relation to an application for reconsideration of a decision by a delegate not to approve the retirement of an eligible employee as provided by Part IVA, is satisfied that the eligible employee is totally and permanently incapacitated within the meaning of that Part, the Board may, without proceeding under section 153AJ to refer the decision to a panel or under section 153AK to refer the decision to a Committee, by instrument set aside the decision and substitute another decision approving the retirement of the eligible employee on the ground of invalidity.

  "(2) The Board must:

    (a)     set out in the instrument the reasons for setting aside the decision and substituting the other decision; and

  (b)     make available a copy of the instrument to the applicant.".

Decision to be referred to panel in certain circumstances

43. Section 153AQ of the Principal Act is amended by omitting from subsection (1) "Where a decision" and substituting "Subject to section 153AT, where a decision".

Decision to be referred to Committee

44.     Section 153AR of the Principal Act is amended by inserting in subsection (1) "and section 153AT" after "subsection (2)".

45.     After section 153AS of the Principal Act the following section is inserted in Division 4 of Part XA:

Reconsideration of certain decisions by the Board relating to invalidity

"153AT.(1) If the Board, in relation to an application for reconsideration of a decision by the Board not to approve the retirement of an eligible employee as provided by Part IVA, is satisfied that the eligible employee is totally and permanently incapacitated within the meaning of that Part, the Board may, without proceeding under section 153AQ to refer the decision to a panel or under section 153AR to refer the decision to a Committee, by instrument set aside the decision and substitute another decision approving the retirement of the eligible employee on the ground of invalidity.

  "(2) The Board must:

    (a)     set out in the instrument the reasons for setting aside the decision and substituting the other decision; and

  (b)     make available a copy of the instrument to the applicant.".

Determinations with respect to interest and notional interest

  46. Section 154A of the Principal Act is amended:

  (a)