Commonwealth Numbered Acts

VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) AMENDMENT ACT 1986 No. 29 of 1986 - SECT 5

5. Section 27 of the Principal Act is amended-
(a) by omitting from sub-section (1) ''made before 1 July 1986'' and
substituting ''made by the Commission before 1 November 1986'';

   (b)  by omitting from sub-section (2) ''1 July 1986, the Commission, the
        Board or the Administrative Appeals Tribunal'', and substituting ''1
        November 1986, the Commission'';

   (c)  by inserting after sub-section (2) the following sub-sections:
''(2A) Where, on or after the commencing date and before 1 November 1986, the
Commission makes a decision determining the degree of incapacity of a veteran
from war-caused injury or war-caused disease, or both, according to the
provisions of the approved Guide to the Assessment of Rates of Veterans'
Pensions, it shall state in that decision that the degree of incapacity was
determined according to the provisions of that Guide.
''(2B) Subject to sub-section (2C) of this section, sub-sections 22 (4) and 29
(4) of the Veterans' Entitlements Act do not apply to a determination with
respect to the degree of incapacity of a veteran from war-caused injury or
war-caused disease or both-

   (a)  made by the Board upon a review of a decision of the Commission made
        by the Commission before 1 November 1986; or

   (b)  made by the Administrative Appeals Tribunal upon a review of a
        decision of the Board affirming or setting aside such a decision of
        the Commission.
''(2C) Where, on or after the commencing date and before 1 November 1986, the
Commission makes a decision determining the degree of incapacity of a veteran
from war-caused injury or war-caused disease, or both, and states in the
decision that the degree of incapacity was determined according to the
provisions of the approved Guide to the Assessment of Rates of Veterans'
Pensions-

   (a)  the Board shall, if it reviews that determination; or

   (b)  the Administrative Appeals Tribunal shall, if it reviews a decision of
        the Board affirming or setting aside that determination,
make its decision on the review with respect to that degree of incapacity
according to the provisions of that Guide.''; and

   (d)  by omitting from sub-section (3) ''sub-sections (1) and (2)'' and
        substituting ''sub-sections (1), (2), (2A), (2B) and (2C)''.