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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 355

Modifications of the Administrative Appeals Tribunal Act 1975

    For the purposes of a review by the Tribunal under this Part, the Administrative Appeals Tribunal Act 1975 has effect subject to the modifications set out in this table.

 

Modifications of the Administrative Appeals Tribunal Act 1975

Item

Provision

Modification

1

Section   18C

Sittings of the Tribunal for the purposes of a review under this Part may be held at any place, whether within or outside Australia

2

Section   27

An application may be made only by:

(a) the claimant; or

(b) the Chief of the Defence Force; or

(c) the Commission.

3

Subsection   29(2)

The period within which an application may be made to the Tribunal is:

(a) for a review of a determination by the Board, or a determination that has been varied under subsection   348(1)--3 months after the day on which the notice of the Board's determination or variation was given to the applicant; or

(b) otherwise--60 days after the day on which notice of the determination was given to the applicant

4

Subsection   29(7)

For a review of a determination by the Board on review of an original determination, or a determination that has been varied under subsection   348(1), the Tribunal cannot extend the time for making an application beyond the period of 12 months after the day on which notice of the Board's determination or variation was given to the applicant

5

Subsection   30(1)

The Commission rather than the Board is a party to a proceeding before the Tribunal for review of a determination by the Board.

If the Chief of the Defence Force or the Commission made the application for review, the claimant is also a party to the review.



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