Document ID: chunk:federal_register_of_legislation:C2004A04077:schedule:2:p19
Version: federal_register_of_legislation:C2004A04077
Segment Type: schedule
Provision Reference: sch 2 (pt 19/21)
Character Range: 88397–91142

include a statement to the effect that the person may request a statement under section 28 of that Act.

"(3) A failure to comply with subsection (2) does not affect the validity of the decision.".

  Commencement: Day of Royal Assent

Applications for review

87. Section 175 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

"(2) Where the Commission, under section 59, affirms a decision or sets aside a decision and substitutes another decision, then, subject to section 29 of the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for a review of the affirmed or substituted decision.".

  Commencement: Day of Royal Assent

Variation of rates of certain pensions

88. Section 198 of the Principal Act is amended by omitting subsections (5g) to (5p).

Commencement: Immediately after the commencement of section 17 of the Social Welfare Legislation (Pharmaceutical Benefits) Amendment Act 1990

Indexation of income test "free area"

  89. Section 198b of the Principal Act is amended:

     (a) by omitting from subsection (2) "commencement" and substituting "commencement";

  (b) by omitting from paragraph (4) (b) "$1" and substituting "$26";

     (c) by omitting from subparagraphs (4) (b) (i) and (ii) "50 cents" and substituting "$13".

  Commencement: Day of Royal Assent

90. The Principal Act is amended by inserting after section 198c the following section:

Variation of rates of certain allowances etc.

  "198d. (1) In this section, unless the contrary intention appears:

'index number', in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician for that quarter;

'relevant rate' means the rate specified in:

     (a) item 7, 8, 9, 10, 11, 12, 13, 14 or 15 in the table in subsection 27 (1) (in column 2); or

     (b) item 1, 2, 3, 4 or 5 in the table in subsection 97 (1) (in column 2); or

     (c) item 1, 2, 3, 4 or 5 in the table in subsection 98 (1) (in column 2); or

     (d) item 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 in the table in subsection 104 (1) (in column 2);

'year to which this section applies' means:

  (a) the year commencing on 20 September 1991; or

  (b) any later year commencing on 20 September.

"(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number is to be disregarded for