Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p9
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 9/23)
Character Range: 232409–234913

1994, as if it were a determination under section 19 of the VEA made on that day in relation to that particular case or each member of that class of cases.

Bereavement payments

  64.(1) If:

  (a) an Australian mariner died before 1 July 1994; and

    (b) the widow or widower of the deceased Australian mariner is entitled under subsection 24B(2) of the SWPA, in respect of the period of 12 weeks after the deceased Australian mariner's death, to bereavement payments;

section 24B of the SWPA as in force immediately before 1 July 1994 continues to apply to the widow or widower in respect of that part of the period that occurs after 30 June 1994 as if the SWPA had not been repealed.

  (2) If:

  (a) an Australian mariner died before 1 July 1994; and

    (b) the widow or widower ('person') of the deceased Australian mariner is entitled under subsection 24B(2) of the SWPA, in respect of the period of 12 weeks after the deceased Australian mariner's death, to bereavement payments; and

  (c) the person died before the end of that period; and

    (d) the Commission did not become aware of the death of the deceased Australian mariner before the death of the person; and

    (e) the Commission had not made a decision under subsection 24B(3) of the SWPA before 1 July 1994;

section 24B of the SWPA as in force immediately before 1 July 1994 continues to apply in relation to the death of the person as if the SWPA had not been repealed.

Request to pay pension to another person

  65. If:

    (a) before 1 July 1994, a person made a request under subsection 54(2) of the SWPA for the payment of a pension under the SWPA to a specified person to be approved; and

  (b) the request was not determined before 1 July 1994;

the request has effect, on and after 1 July 1994, as if it were a request under subsection 122(2) of the VEA for the payment of the corresponding pension under the VEA to that specified person to be approved.

Certain pensions not payable

66.(1) If, before 1 July 1994, a person had been paid an amount under subsection 23(2) of the SWPA in respect of an injury, any pension in respect of that injury that would, apart from this subsection, be payable to the person under the VEA on and after 1 July 1994 is not payable.

(2) If, before 1 July 1994, a person had been paid a lump sum amount under subsection 23(3) of the SWPA in respect of an injury, any pension in respect of that injury that would, apart from this subsection, be payable to the person under the