Document ID: chunk:federal_register_of_legislation:C2004A03129:body:0:p4
Version: federal_register_of_legislation:C2004A03129
Segment Type: other
Provision Reference: 
Character Range: 8245–10968

Act is amended—
    (a) by adding "or" at the end of paragraph (1) (a); and
    (b) by omitting paragraph (1) (b).

Maximum pension payable to widowed mother
12. Section 41 of the Principal Act is repealed.

Pensions to certain dependent females
13. Section 42 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "incapacity or"; and
    (b) by omitting from sub-section (2) "wife or the widow, as the case may be," and substituting "widow".

Pension to divorcee of member
14. Section 44 of the Principal Act is amended by omitting "incapacity or".

Pension payable to dependants on death of member after termination of war service
15. Section 45 of the Principal Act is repealed.

Hearing and determination of claims, &c.
16. Section 47 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:
"(2) Where the Commission is considering and determining a claim for a pension with respect to the death or incapacity of a member of the Forces, the Commission shall not grant the claim if it is reasonably satisfied—
    (a) that the investigation of the claim did not disclose material, and there is no other material before the Commission, that raises a reasonable hypothesis that there exists a connection required by this Act to exist

    between the death or incapacity of the member and the member's war service; or
    (b) that any such reasonable hypothesis raised by material before the Commission has been dispelled.
"(3) Subject to sub-section (2) —
    (a) in respect of a claim for a pension made under section 24—
        (i) by a member of the Forces whose war service included qualifying war service; or
        (ii) by a dependant of a deceased member of the Forces who died before 12 November 1958 and whose war service included qualifying war service,
    the Commission shall grant the claim unless it is satisfied, beyond reasonable doubt, that there are insufficient grounds for granting the claim; and
    (b) in respect of any other claim for a pension—the Commission shall not grant the claim unless it is reasonably satisfied that there are sufficient grounds for granting the claim.
"(4) Subject to sub-sections (2) and (3), in determining, or making a decision in relation to, any matter under this Act or the regulations, including the assessment or re-assessment of the rate of a pension, the Commission shall decide the matter to its reasonable satisfaction.
"(5) For the purposes of sub-section (3)—
    (a) the qualifying war service of a member of the Forces consists of the war service (if any) of the member outside Australia; and
    (b) a reference to the grant of a claim shall be read as not including a reference to