Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subsections 132(5), (6), (9), (10), (11), (11A), (11B) and (11C), sections 133, 133A, 137, 137A, 138, 138A, 139, 140 and 140A, and Divisions 4, 4A, 5, 6 and 8 of Part IX (except sections 154 and 157), of the Veterans' Entitlements Act 1986 apply for the purposes of a review by the Board under this Part.
(2) Those provisions (the applied provisions ) apply subject to the modifications set out in this table.
Modifications of the Veterans' Entitlements Act 1986 | ||
Item | Provision | Modification |
1 | The applied provisions | References to the Repatriation Commission have effect as references to the Military Rehabilitation and Compensation Commission |
The applied provisions | References to the Veterans' Entitlements Act 1986 have effect as references to this Act | |
3 | The applied provisions | References to Part IX of the Veterans' Entitlements Act 1986 have effect as references to this Chapter |
4 | The applied provisions | References to a pension or allowance under the Veterans' Entitlements Act 1986 have effect as references to compensation under this Act |
5 | The applied provisions | References to the rate of a pension or allowance have effect as references to an amount of compensation |
6 | The applied provisions | References to a decision, where the decision is a decision of the Repatriation Commission, have effect as references to an original determination |
7 | The applied provisions | References to a veteran have effect as references to a claimant |
7A | Subsection 132(5) | The reference to section 135 has effect as a reference to section 352 of this Act |
7B | Subsections 132(5), (6) and (9) | Regulations made for the purposes of those subsections apply in working out amounts of travelling expenses for the purposes of attending a hearing of a review by the Board under this Part of this Act. However, regulations may be made under this table item for the purposes of working out the amounts of travelling expenses and, if such regulations are made, those regulations apply instead. |
7C | Subsection 132(9) | The reference to a claim for a pension has effect as a reference to a claim that is made under section 319 of this Act by a person who, under subsection 320(2) of this Act, is entitled to make the claim. The subsection has effect as if paragraphs (a), (b) and (c) of that subsection were omitted |
Subsections 132(11A) and (11C) | A reference to an office of the Department in Australia has effect as a reference to a place approved by the Commission under subsection 323(2) of this Act | |
8 | Section 137 | References to the Secretary have effect as references to the Commission. The report under that section is to be prepared within 6 weeks after an application for review by the Board under this Chapter is received by the Commission |
8A | Section 137A | The reference to section 135 has effect as a reference to section 352 of this Act |
9 | Paragraph 138(1)(b) | Instead of the reason attributable to a thing described in subparagraph 138(1)(b)(ii), the Board is to have regard to a reason attributable to the absence of, or a deficiency in, relevant official records, including one resulting from the fact that something that happened during warlike service or non - warlike service rendered by a person was not reported to the appropriate authorities |
10 | Paragraph 138(2)(a) | The paragraph does not apply |
11 | Subsection 140(6) | The reference to subsection 175(1) has effect as a reference to subsection 354(1) of this Act |
12 | Subsection 147(1) | The parties to a review by the Board are: (a) the claimant; and (b) the Commission. The Chief of the Defence Force may also choose to be a party to the review |
13 | Subsection 148(2) | The reference to either party to the review has effect as a reference to each party to the review |
14 | Subsection 148(6A) | References to the Secretary have effect as references to the Commission |
15 | Section 152 | References to the Secretary have effect as references to the Commission |
16 | Subsection 153(1) | The reference to the other party to the review has effect as a reference to each other party to the review |
19 | Subsection 156(1) | The subsection has effect as if ", being a date fixed in accordance with section 157" were omitted |
Subsection 170A(2) | The subsection has effect as if "referred to in section 135" were omitted | |
21 | Subsections 170B(1) and 171(1) | Regulations made for the purposes of those subsections apply in working out amounts of travelling allowance, and fees and expenses for witnesses, for the purposes of a review by the Board under this Part of this Act |
Subsections 170A(5) and 170B(5) | A reference to an office of the Department in Australia has effect as a reference to a place approved by the Commission under subsection 323(2) of this Act | |