Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p59
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
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Character Range: 143538–146246

subsection (1) the following definition in its appropriate alphabetical position (determined on a letter-by-letter basis):

     "application day' in relation to an Australian mariner who has made a claim for a pension or an application for an increase in the rate of a pension or an Australian mariner on whose behalf such a claim or application has been made, means the day on which the claim or application was received at an address of the Department or, if subsection 12 (3) or 26aa (5) applies to the mariner, the day on which the claim or application referred to in paragraph 12 (3) (a) or 26aa (5) (a) was so received;".
Commencement: 22 May 1986

Duties of Pensions Committees
101. Section 5 of the Principal Act is amended:
    (a) by omitting paragraph (b);
    (b) by omitting from paragraph (d) "and detention allowances";
    (c) by omitting from paragraph (d) "and allowances"; and
    (d) by omitting from paragraph (e) "or detention allowance" (wherever occurring).
Commencement: Day of Royal Assent

Determinations and assessments by Commission
102. Section 6 of the Principal Act is amended by adding at the end the following subsection:
"(2) In determining whether the rate of pension payable to an Australian mariner should be the rate applicable under subsection 18 (4a) or section 22a, the only relevant consideration is whether the mariner was a mariner to whom that section applied on the application day in relation to the mariner.".
Commencement: 22 May 1986

103. After section 24 of the Principal Act the following section is inserted:

Continuation of rates of certain pensions
"24a. Where the Commonwealth is or becomes liable to pay a pension to an Australian mariner at the rate applicable under subsection 18 (4a) or section 22a, that rate continues, while a pension continues to be payable to the mariner, to apply to the mariner unless:
    (a) the decision to apply that rate of pension to the mariner would not have been made but for a false statement or misrepresentation made by a person;
    (b) in the case of a mariner to whom subsection 18 (4a) applies:
        (i) the mariner is undertaking or is capable of undertaking remunerative work of a particular kind for 50% or more of the time (excluding overtime) ordinarily worked by persons engaged in work of that kind on a full time basis; or

        (ii) in a case where subparagraph (i) is inapplicable to the work which the mariner is undertaking or is capable of undertaking—the mariner is undertaking or is capable of undertaking that work for 20 or more hours per week; or
    (c) in the case of a mariner to whom section 22a applies—the mariner is undertaking or is capable of undertaking remunerative work