Australian Soldiers' Repatriation Act 1930 (Cth)

  

AUSTRALIAN SOLDIERS’ REPATRIATION.

  

No. 74 of 1930.

An Act to repeal Sections Forty-five n and Forty-five p of the Australian Soldiers’ Repatriation Act 1920-1929 and to enact other sections in lieu thereof.

[Assented to 16th December, 1930.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Soldiers’ Repatriation Act 1930.

 

(2.) The Australian Soldiers’ Repatriation Act 1920-1929 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920-1930.

Commencement.

2.This Act shall be deemed to have commenced on the first day of June One thousand nine hundred and twenty-nine.

3. Sections forty-five n and forty-five p of the Principal Act are repealed and the following sections inserted in their stead:—

Appeals to Assessment Appeal Tribunals.

“45n.—(1.) Any member of the Forces—

(a) who is in receipt of a pension under this Act; or

(b)who is not in receipt of a pension but as to whom the Commission or an Appeal Tribunal has determined that he has an incapacity the result of any occurrence happening during the period he was a member of the Forces, or of his employment in connexion with naval or military preparations or operations, as the case may be, and the Commission has decided that the incapacity is so slight that it does not warrant a pension assessment,

may, within three months after—

(c) the commencement of this section;

(d)the date of the notification of the assessment by the Commission of his pension, or the date of refusal by the Commission to alter the existing assessment; or

(e) the date of the notification by the Commission that the incapacity of the member of the Forces did not warrant a pension assessment,

whichever is the later, lodge with the prescribed person an appeal in the prescribed form against the current assessment of the rate of his pension, or against the decision that a pension assessment is not warranted, as the case may be.

“(2.) The person with whom an appeal is lodged under the last preceding sub-section shall forward it to the Commission which shall transmit it to an Assessment Appeal Tribunal with all the records relative to the assessment appealed against, or to the decision that a pension assessment was not warranted, as the case may be.

Decision of appeals.

“45p. An Assessment Appeal Tribunal shall, after considering an appeal lodged by a member of the Forces in pursuance of the last preceding section, decide the appeal and may increase or continue any assessment of such pension or make an assessment, and the Tribunal shall forthwith give notice in the prescribed form to the Commission and to the appellant of the decision.”.