Document ID: chunk:federal_register_of_legislation:C2016C00143:section:40
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 40
Character Range: 162526–165122

40  Application of certain provisions of Part X of the Veterans' Entitlements Act
 (1) Part X (other than sections 174, 175 and 176 and subsection 177(5)) of the Veterans' Entitlements Act 1986 applies to, and in relation to, an application under section 39 of this Act as if the application were an application under Part X of the Veterans' Entitlements Act 1986.
 (2) For the purpose of the application, by virtue of subsection (1), of the provisions of Part X of the Veterans' Entitlements Act 1986:
 (a) a reference in those provisions to a reviewable decision shall be read as a reference to a reviewable decision as defined by section 38 of this Act;
 (b) a reference in those provisions to a pension shall be read as a reference to a pension under this Act;
 (c) a reference in those provisions to the Commission shall be read as including a reference to a Pensions Committee;
 (d) a reference in those provisions to an application made under subsection 175(1) of the Veterans' Entitlements Act 1986 shall be read as a reference to an application made under section 39 of this Act;
 (e) a reference in those provisions to a claim in accordance with section 14 of the Veterans' Entitlements Act 1986 shall be read as a reference to a claim in accordance with subsection 26(1) of this Act;
 (f) a reference in those provisions to an application in accordance with section 15 of the Veterans' Entitlements Act 1986 shall be read as a reference to an application in accordance with section 26AA of this Act; and
 (g) a reference to a decision of a kind described in subsection 175(7) or (8) of the Veterans' Entitlements Act 1986 shall be read as a reference to a decision of a kind described in subsection 41(7) of this Act.

Section 41:
Add at the end the following subsection:
 (7) Notwithstanding subsection 43(1) of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal sets aside a decision under subsection 55(5A) to cancel or suspend, or reduce the rate of, a pension or a decision under subsection 55(5C) to increase the rate of a pension, being:
 (a) a decision of the Commission or a Pensions Committee that has been affirmed by the Board; or
 (b) a decision of the Board that was made in substitution for a decision of the Commission or a Pensions Committee;
the Administrative Appeals Tribunal need not make another decision in substitution for the decision so set aside.

Subsections 49(2) and (3):
Omit the subsections.

Sections 51, 52 and 53:
Repeal the sections.

Sections 54 and 54A:
Repeal the sections, substitute the following section: