Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p19
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 44445–47131

application for a review by the Tribunal under section 107ve, being an application for the review of a decision of the Commission refusing an application for a service pension, shall not be expressed to operate from a date earlier than the earliest date from which the Commission, if it had not refused the application, could have approved of a payment of service pension pursuant to the application.
"(5) In this section, 'date' includes a date before the commencement of this Part.

"Division 8—Membership of the Tribunal

Appointment of members to Tribunal
"107vzh. (1) The members of the Tribunal shall be appointed by the Governor-General.
"(2) Of the members other than the President or a Deputy President—
    (a) such number as the Governor-General may from time to time determine shall be persons selected from lists submitted in accordance with a request made under sub-section (3); and
    (b) such number as the Governor-General may from time to time determine shall be persons who are legally qualified medical practitioners.
"(3) The Minister may, from time to time, request organizations representing returned soldiers throughout Australia to submit to him lists of names of persons from which the organization concerned recommends that a selection be made of persons to serve as Services members of the Tribunal.
"(4) The President shall be appointed as a full-time member.
"(5) A member other than the President shall be appointed either as a full-time member or as a part-time member.

Qualifications for appointment of President and Deputy Presidents
"107vzj. (1) A person shall not be appointed as the President unless he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years.
"(2) A person shall not be appointed as the Deputy President unless—
    (a) he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; or
    (b) he has obtained a degree in law of a university.

Term of appointment
"107vzk. (1) Subject to this Part, a member holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.
"(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as a full-time member, and a person shall not be appointed or re-appointed as a full-time member for a period that extends beyond the date on which he will attain—
    (a) in the case of an appointment or a re-appointment to the