Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p4
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 4/23)
Character Range: 221118–223560

made under a provision of the SWPA or the SWPA regulations was in force immediately before 1 July 1994; and

    (b) a provision with the same legal effect is included in the VEA as in force on 1 July 1994;

the instrument has effect, on and after 1 July 1994, as if it were an instrument made on that day under the provision referred to in paragraph (b).

Note 1: The SWPA and the SWPA regulations were repealed on 1 July 1994.
Note 2: See subsections (3) and (4) about the application of this subsection.

  (2) Without limiting subsection (1), the instrument may be:

  (a) a determination; or

  (b) a decision; or

  (c) a direction; or

  (d) an approval; or

  (e) a notice; or

  (f) a declaration; or

  (g) an authorisation.

(3) Subsection (1) does not apply to a determination if section 52 of this Act applies to the determination.

  (4) If a review referred to in section 58, 59, 60, 61 or 62 of this Act deals with:

  (a) an instrument referred to in this section; or

  (b) a decision made in response to a review of such an instrument;

this section does not apply to the instrument.

  (5) In this section:

"legal effect" includes conferring the power to issue an instrument.

Saving of claims for pensions, allowances, benefits etc.

  55.(1) If:

     (a) a person lodged a claim for a pension, allowance or benefit under the SWPA or the SWPA regulations on a day ("claim day") before 1 July 1994; and

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

the claim has effect, on and after 1 July 1994, as if it were a claim made under the VEA on the claim day for the corresponding pension, allowance or benefit under the VEA.

  (2) If:

     (a) a person lodged a claim for an increase in the rate of a pension under the SWPA on a day ("claim day") before 1 July 1994; and

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

the claim has effect, on and after 1 July 1994, as if it were a claim made under the VEA on the claim day for an increase in the rate of the corresponding pension under the VEA.

  (3) If:

     (a) a person lodged a claim for travelling expenses under Division 2 of Part IV of the SWPA regulations on a day ("claim day") before 1 July 1994; and

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

the claim has effect, on and after 1 July 1994, as if it were a claim made under the VEA on the claim day for travelling expenses under section 110 of the VEA.

  (4) If:

  (a)