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VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 - SECT 44

Application of section 120 of Veterans ' Entitlements Act to reviews by Administrative Appeals Tribunal

  (1)   Subject to subsection   ( 2), where the Administrative Appeals Tribunal reviews, on or after the commencing date, a decision made under a repealed Act, the person who made the decision shall be deemed, for the purposes of section   43 of the Administrative Appeals Tribunal Act 1975 , to have the powers and discretions conferred on that person by the Veterans ' Entitlements Act in its application by virtue of this Act.

  (2)   Where, on or after the commencing date, the Administrative Appeals Tribunal, upon application made by the Commission, reviews a decision given by the Board before 15   May 1985, being a decision granting a claim for a pension, the person who made the decision shall be deemed, for the purposes of section   43 of the Administrative Appeals Tribunal Act 1975 , to have the powers and discretions conferred on the Commission by :

  (a)   the provisions of the Veterans ' Entitlements Act , other than section   120 of that Act; and

  (b)   the provisions of sub section   42(3) of this Act.



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