Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 129

Application for review and other proceedings under previous Acts

  (1)   Where a person was, immediately before the commencing day, entitled to apply to the Administrative Appeals Tribunal for review of a determination under the 1971 Act but had not made such an application before that day, Part   VI of this Act applies as if:

  (a)   the person were a claimant under this Act; and

  (aa)   the determination were a determination by Comcare within the meaning of Part   VI of this Act; and

  (b)   the reference in subsection   62(3) to 30 days after the day on which the determination first came to the notice of the claimant were a reference to 30 days after the commencing day.

  (2)   Where the Commonwealth is a party to any proceedings relating to any matter arising under the 1912 Act, the 1930 Act or the 1971 Act (including proceedings under Part   V of the 1971 Act), being proceedings instituted but not completed before the commencing day, those proceedings may be continued on and after that day and, where the proceedings are so continued, the relevant authority and the Commonwealth shall be parties to those proceedings.

  (3)   Where proceedings under Part   V of the 1971 Act in relation to a determination are continued under subsection   (2), Part   VI of this Act applies to the proceedings as if the determination were a reviewable decision by Comcare within the meaning of Part   VI of this Act.



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