Repatriation Legislation Amendment Act 1984 (Cth)
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE REPATRIATION ACT 1920
3. Principal Act
4. Interpretation
5. Repeal of section 12 and substitution of new section—
12. Delegation by Commission
6. Repatriation Boards
7. Disclosure of interests of Commissioners in relation to claims for pensions, & c.
8. Repeal of sections 17aab and 17aac
9. Repeal of section 20
10. Pensions upon death or incapacity
11. Death or mental affliction of claimant
12. Repeal of sections 24aa, 24ab, 25, 26, 27, 28 and 29 and substitution of new sections—
25. Claim for pension
26. Application for increase in pension
27. Who may make claim or application
28. Investigation of claim by the Secretary
29. Duties of Commission in relation to pensions
29a. Determination of claims and applications
29b. Commission may take evidence
29c. Withdrawal of claim or application
TABLE
OF PROVISIONS—
Section
29d. Payment of travelling expenses in respect of certain attendances
13. Repeal of section 31 and substitution of new section—
31. Review by Commission
14. Repeal of section 47a and substitution of new section—
47a. Reasons for decisions to be given
15. Insertion of new sections—
88. Claim for service pension, &c.
89. Duties of Commission in relation to service pensions
90. Investigation of claim by the Secretary
90a. Determination of claim for service pension
90b. Withdrawal of claim for service pension, &c.
90c. Review of decision, &c.
90d. Reasons for decision to be given
16. Liability of Commonwealth to pay pensions to certain male members of the Forces
17. Liability of Commonwealth to pay pensions to certain male members of the Forces
18. Liability of Commonwealth to pay pensions to certain members of the Forces, & c.
19. Repeal of Parts IIIa, IIIb and IIIc and substitution of new Parts—
PART IIIa—VETERANS’ REVIEW BOARD
107va. Interpretation
107vb. Establishment of Veterans’ Review Board
107vc. Review of decisions in respect of pensions
107vd. Application for review
107ve. Secretary to prepare report
107vf. Board not bound by technicalities, &c.
107vg. Decision of Board
107vh. Further evidence relating to incapacity
107vj. Statements of decisions of the Board, &c.
107vk. Constitution of Board for exercise of powers
107vl. Principal Member responsible for arrangement of business
107vm. Members to constitute Board
107vn. Member ceasing to be member, &c.
107vp. Places of sitting
107vq. Principal Member or Senior Member to preside at hearing
107vr. Parties to review before Board
107vs. Procedure of Board
107vt. Questions to be decided by majority of Board
107vu. Hearing to be in private except in special circumstances
107vv. Powers of Board
107vw. Request to Secretary for documents, &c.
107vx. Information may be made available to parties
107vy. Period of operation of certain decisions of Board
107vz. Withdrawal of application
TABLE
OF PROVISIONS—
Section
107vza. Board to specify date of operation
107vzb. Dates that may be specified
107vzc. Appointment of members of Board
107vzd. Terms of appointment
107vze. Remuneration and allowances of members
107vzf. Acting members
107vzg. Leave of absence
107vzh. Resignation
107vzj. Removal from office
107vzk. Disclosure of interests
107vzl. Delegation
107vzm. Protection of members and witnesses
107vzn. Failure of witness to attend
107vzp. Refusal to be sworn or to answer questions
107vzq. Contempt of Board
107vzr. Payment of travelling expenses in respect of attendances
107vzs. Fees for witnesses
107vzt. Staff to assist Board
107vzu. Oath or affirmation of office
PART IIIb—REVIEW OF DECISIONS BY ADMINISTRATIVE APPEALS TRIBUNAL
107vzv. Interpretation
107vzw. Applications for review
107vzx. Application of Administrative Appeals Tribunal Act
107vzy. Effective dates of payment of pension or increased pension
107vzz. Period of operation of certain decisions of Administrative Appeals Tribunal
107vzza. Payment of travelling expenses in respect of attendances
20. Appeals to Commission
21. Consequential Amendments
PART III—AMENDMENTS OF THE INTERIM FORCES BENEFITS ACT 1947
22. Principal Act
23. War pensions for male members of the Interim Forces
24. War pensions for female members of the Interim Forces
25. Application of Parts IIIa and IIIb of Repatriation Act
PART IV—AMENDMENTS OF THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956
26. Principal Act
27. Interpretation
28. Liability of Commonwealth to pay pensions to members of the Forces
29. Extension of certain provisions of Repatriation Act
30. Repeal of section 12 and substitution of new section—
12. Delegation
31. Consequential Amendments
PART V—AMENDMENTS OF THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962
32. Principal Act
TABLE
OF PROVISIONS
Section
33. Interpretation
34. Liability of Commonwealth to pay pensions to members of the Forces
35. Extension of certain provisions of Repatriation Act
36. Repeal of section 13 and substitution of new section—
13. Delegation
37. Consequential amendments
PART VI—AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940
38. Principal Act
39. Interpretation
40. Pensions Committees to consult and co-operate with Commission
41. Repeal of sections 7 and 8
42. Grant of pensions
43. Medical Reports
44. Repeal of section 26 and substitution of new sections—
26. Claim for pension
26aa. Claim for increase in pension
26ab. Withdrawal of claim
45. Repeal of Part IV and substitution of new Parts—
PART IV—REVIEW OF CERTAIN DECISIONS BY VETERANS’ REVIEW BOARD
34. Interpretation
35. Application for review
36. Decision of the Board
37. Application of certain provisions of Part IIIa of Repatriation Act
PART V—REVIEW OF DECISIONS BY ADMINISTRATIVE APPEALS TRIBUNAL
38. Interpretation
39. Application for review
40. Application of certain provisions of Part IIIb of Repatriation Act
41. Application of Administrative Appeals Tribunal Act
46. Repeal of section 55 and substitution of new section—
55. Review by Commission
47. Repeal of section 57 and substitution of new sections—
57. Delegation by Minister
57a. Delegation by Commission
PART VII—TRANSITIONAL PROVISIONS
48. Interpretation
49. Effect of amendments made by this Act
50. Decisions, &c, of a Repatriation Board
51. Claims and applications, &c, for pension
52. Appeals under section 28 of Repatriation Act
53. Reviews by Commission
54. Claims for service pension or increased service pension
55. Applications to the Tribunal
56. Decisions of the Tribunal
57. Matters under section 107vm of Repatriation Act
58. References to Administrative Appeals Tribunal
59. Appeals to Federal Court of Australia
60. Seamen’s War Pensions and Allowances Act
61. Service of copy of decision
62. Documents, &c, in possession of the Tribunal or a Repatriation Board
TABLE OF PROVISIONS
—continued
SCHEDULE 1
CONSEQUENTIAL AMENDMENTS OF REPATRIATION ACT 1920
SCHEDULE 2
CONSEQUENTIAL AMENDMENTS OF REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956
SCHEDULE 3
CONSEQUENTIAL AMENDMENTS OF THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from sub-section (1) the definition of “Board” and substituting the following definition:
“‘Board’ means the Veterans’ Review Board established by this Act;”;
(b) by omitting from sub-section (1) the definition of “Tribunal”;
(c) by omitting from paragraph (3) (a) “or a Board”; and
(d) by omitting paragraph (3) (b) and substituting the following paragraph:
“(b) a reference to a period of 3 months after the service on a person, in accordance with section 107vj, of a copy of a decision of the Board;”.
“12. (1) The Commission may, either generally or as otherwise provided by the instrument of delegation, by writing under its seal, delegate to a Commissioner, or to an officer or employee of the Department, all or any of its powers and functions under this Act, or the regulations, other than this power of delegation.
“(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised or performed by the Commission.
“(3) A delegation of a power or function under this section does not prevent the exercise of the power, or the performance of the function, by the Commission.
“(4) Where—
(a) the Commission delegates any of its powers or functions under a provision of this Act; and
(b) that provision extends to and in relation to—
(i) members of the Forces within the meaning of the
Repatriation (Far East Strategic Reserve) Act 1956 or theRepatriation (Special Overseas Service) Act 1962; (ii) dependants of members referred to in sub-paragraph (i);
(iii) male or female members of the Interim Forces; or
(iv) dependants of members referred to in sub-paragraph (iii),
the
delegation extends, unless the instrument of delegation otherwise provides, to
the powers and functions of the Commission under that provision of this Act in
its application to those members or dependants of members by virtue of section
7 of the
7aof
the
(a) by omitting sub-paragraph (1) (a) (i) and substituting the following sub-paragraph:
“(i) is considering, or is to consider, a claim or application for pension;”;
(b) by omitting from paragraph (1) (d) “appeal, “;
(c) by omitting sub-paragraph (2) (a) (i) and substituting the following sub-paragraph:
“(i) is considering, or is to consider, a claim or application for pension;”; and
(d) by omitting from paragraph (2) (c) “appeal,”.
(a) by omitting from sub-section (2) “a Board” and substituting “the Commission”; and
(b) by omitting sub-sections (3) and (4) and substituting the following sub-sections:
“(3) Where a claim in accordance with section 25 for a pension is granted, the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim for a pension, in accordance with an approved form, was received at an address of the Department.
“(4) Where—
(a) a person makes a claim for a pension in writing, but otherwise than in accordance with a form approved for the purposes of section 25;
(b) the person subsequently makes a claim for the pension in accordance with a form so approved—
(i) at a time when he had not been notified by the Department that it would be necessary for him to make his claim in accordance with a form so approved; or
(ii) within 3 months after he had been so notified; and
(c) a pension is granted to the person under this Division upon consideration of that claim in accordance with a form so approved,
the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim referred to in paragraph (a) was received at an address of the Department.”.
“(3) In this section, ‘claim’ means a claim or application for a pension, and includes—
(a) an application under section 107vcfor a review of a decision of the Commission;
(b) a request under section 90c to review a decision, determination or assessment concerning a service pension; or
(c) an application under section 107vzw for a review by the Administrative Appeals Tribunal,
and ‘claimant’ has a corresponding meaning.”.
“25. (1) A claim for pension—
(a) shall be in accordance with a form approved by the Commission;
(b) shall be accompanied by such evidence available to the claimant as he considers may support his claim; and
(c) shall be made by forwarding the claim to the Secretary at an address of the Department together with any evidence in support of his claim referred to in paragraph (b).
“(2) Sub-section (1) shall not be taken to impose any onus of proof on a claimant or to prevent a claimant from submitting evidence in support of his claim subsequently to the making, but before the determination, of his claim.
“(3) Sub-section (1) does not apply to a claim for pension in respect of the incapacity of a member of the Forces in a case where there is in force a determination of the Commission, the Board or the Administrative Appeals Tribunal determining that the incapacity from which the member is suffering—
(a) in fact resulted from an occurrence that happened during his war service;
(b) in fact resulted from his employment in connection with naval or military preparation or operations;
(c) arose out of, or is attributable to, his war service; or
(d) has been contributed to in any material degree, or has been aggravated, by the conditions of his war service,
but a pension has not been granted on the ground that the extent of the incapacity is insufficient to justify the grant of a pension.
“(4) In this section, ‘pension’ does not include a service pension.
“26. (1) A member of the Forces who is in receipt of a pension under section 24 in respect of the incapacity of the member may apply for an increase in the rate of the pension on the ground that the incapacity of the member has increased since the rate of the pension was assessed or last assessed.
“(2) Where there is in force in respect of the incapacity of a member of the Forces a determination of a kind referred to in sub-section 25 (3) but a pension has not been granted to the member on the ground that the extent of the incapacity is insufficient to justify the grant of a pension under section 24, the member may make application for a pension on the ground that the incapacity of the member has increased since the grant of a pension in respect of the incapacity was refused or last refused.
“(3) An application under sub-section (1) or (2)—
(a) shall be in accordance with a form approved by the Commission;
(b) shall be accompanied by such evidence available to the applicant as he considers may support his application; and
(c) shall be made by forwarding the application to the Secretary at an address of the Department, together with any evidence in support of his application referred to in paragraph (b).
“(4) Sub-section (3) shall not be taken to impose any onus of proof on an applicant or to prevent an applicant from submitting evidence in support of his application subsequently to the making, but before the determination, of his application.
“(5) Where the Commission grants an application under sub-section (1) or (2), the Commission may, subject to this Act, approve payment of pension at the increased rate, or payment of pension, from and including the date on which the application, in accordance with a form approved for the purposes of sub-section (3), was received at an address of the Department.
“(6) Where—
(a) a person makes an application in writing of a kind referred to in sub-section (1) or (2), but otherwise than in accordance with a form approved for the purposes of sub-section (3);
(b) the person subsequently makes an application of a kind so referred to in accordance with a form so approved—
(i) at a time when he had not been notified by the Department that it would be necessary for him to make his application in accordance with a form so approved; or
(ii) within 3 months after he had been so notified; and
(c) an increased pension, or a pension, is granted to the person under this Division upon consideration of that application in accordance with a form so approved,
the Commission may, subject to this Act, approve payment of the increased pension, or of the pension, from and including the date on which the application referred to in paragraph (a) was received at an address of the Department.
“(7) In this section, ‘pension’ does not include a service pension.
“27. A claim under section 25 for a pension for a member of the Forces or for a dependant of a member of the Forces or deceased member of the Forces, an application under sub-section 26 (1) for an increase in the rate of pension payable to a member of the Forces or an application under sub-section 26 (2) for a pension for a member of the Forces may be made—
(a) by the member or dependant, as the case may be;
(b) with the approval of the member or dependant, as the case may be, by another person on behalf of the member or dependant;
(c) in the case of a member or dependant, as the case may be, who is unable, by reason of physical or mental incapacity, to approve a person to make the claim or application on his behalf—by another person, being a person approved by the Commission, on behalf of the member or dependant; or
(d) in the case of a dependant who is under the age of 18 years, by—
(i) a parent or guardian of the dependant; or
(ii) another person approved by a parent or guardian of the dependant,
on behalf of the dependant.
“28. (1) Where a claim is made for a pension in accordance with sub-section 25 (1), or an application is made for an increased pension in accordance with sub-section 26 (1) or for a pension under sub-section 26 (2), the Secretary shall cause an investigation to be made into the matters to which the claim or application relates.
“(2) The Secretary shall, upon completion of his investigation in respect of a claim or application, cause the claim or application to be submitted to the Commission for its consideration and determination.
“(3) A claim or application submitted to the Commission under sub-section (2) shall be accompanied by—
(a) any evidence furnished by the claimant or applicant in support of the claim or application; and
(b) all the records and other documents relevant to the claim or application that are under the control of the Department, including any evidence or documents relevant to the claim or application obtained in the course of the investigation of the claim or application under sub-section (1).
“29. (1) It is the duty of the Commission—
(a) in considering a claim or application submitted to it, to satisfy itself with respect to, or to determine, as the case requires, all matters relevant to the determination of the claim or application;
(b) to assess, from time to time, the rates of pensions of members of the Forces and their dependants, and determine the dates of the commencement and cessation of those pensions;
(c) to determine, in such cases as the Commission deems proper, that payment of pension shall be suspended and fixing the date of any such suspension; and
(d) to determine the date of re-commencement of a pension that has been suspended.
“(2) In this section, ‘pension’ does not include service pension.
“29a. (1) In this section, ‘claim’ means a claim made in accordance with section 25 or an application made in accordance with section 26.
“(2) Where a claim is submitted to the Commission in accordance with sub-section 28 (2), the Commission shall consider the claim and, after consideration of all matters that, in the opinion of the Commission are relevant, including, but without limiting the generality of the foregoing, the evidence, records and documents that were submitted with the claim in accordance with sub-section 28 (3), any evidence subsequently submitted to the Commission in relation to the claim, and any evidence, documents or other material furnished to the Commission under section 29b, shall, subject to sub-sections (3) and (4), determine the claim.
“(3) Where—
(a) a claimant, being a member of the Forces, has refused or failed to undergo a medical examination for the purpose of the investigation of the claim or the consideration of the claim by the Commission; or
(b) a claimant has refused or failed—
(i) to consent to the release to the Secretary or Commission of information concerning a member of the Forces for the purpose of the investigation or consideration of the claim; or
(ii) to comply with a request under paragraph 29b (1) (c) to furnish material to the Commission,
the Commission may, if it is of the opinion that that medical examination, information or material is likely to affect the decision it will make in respect of the claim, defer further consideration of the claim until the member has undergone the medical examination, or the claimant has consented to the release of the information or furnished the material, as the case may be, and, if it does so, the Commission shall notify the claimant, either personally or by post, that the claim has been so deferred.
“(4) If, at the expiration of 6 months after a claimant has been notified under sub-section (3) that a claim has been deferred by reason of the refusal or failure of a member of the Forces to undergo a medical examination, the member has not undergone the medical examination, the claim shall, by force of this sub-section, be deemed to have been refused.
“(5) If, at the expiration of 6 months after a claimant has been notified under sub-section (3) that a claim has been deferred by reason that he has refused or failed to consent to the release of information or to furnish material—
(a) the claimant has not consented to the release of the information; or
(b) the claimant has not furnished the material or satisfied the Commission that the material is not in his possession or under his control,
as the case may be, the claim shall, by force of this sub-section, be deemed to have been refused.
“29b. (1) Subject to sub-section (2), the Commission may, for the purposes of its consideration of a claim submitted to it in accordance with sub-section 28 (2) or of its review under section 31 of a decision in relation to pension—
(a) summon a person to appear before the Commission to give evidence and produce such documents (if any) as are referred to in the summons;
(b) take evidence on oath or affirmation;
(c) request—
(i) in the case of consideration of a claim—the claimant or the Secretary; or
(ii) in the case of a review under section 31—a person likely to be affected by the review or the Secretary,
to furnish to the Commission material believed to be under his control and relevant to the determination of the claim, or the review of the decision; and
(d) request—
(i) in the case of consideration of a claim—the claimant; or
(ii) in the case of a review under section 31 —the person likely to be affected by the review,
to attend before the Commission for a discussion of the claim, or of the review, as the case may be, or to discuss the claim, or the review, as the case may be, with the Commission by telephone.
“(2) Sub-section (1) does not authorize the Commission to summon—
(a) for the purpose of its consideration of a claim—the claimant; or
(b) for the purpose of a review under section 31—a person likely to be affected by the review,
to appear before the Commission to give evidence or to produce documents.
“(3) Where a claimant requests the Commission for an opportunity—
(a) to attend before the Commission and discuss his claim with the Commission; or
(b) to discuss his claim with the Commission by telephone,
the Commission shall, if it is of the opinion that the request is in all the circumstances reasonable, comply with the request.
“(4) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence he will give will be true.
“(5) The powers and duties of the Commission under this section may be exercised or performed on behalf of the Commission—
(a) in relation to a claim—by a person to whom the Commission has delegated its powers under section 29a; or
(b) in relation to a review under section 31—by a person to whom the Commission has delegated its powers under that section,
and, for the purpose of the exercise of those powers or the performance of those duties, sub-sections (1), (2) and (3) and (6) to (10), inclusive, of this section have effect as if a reference to the Commission included a reference to that person.
“(6) A person who has been summoned to appear as a witness before the Commission shall not, without reasonable excuse, and after tender of reasonable expenses, fail to appear in answer to the summons.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(7) A person who appears before the Commission as a witness in answer to a summons shall not, without reasonable excuse, refuse to be sworn or make an affirmation.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(8) Subject to sub-section (9), a person who appears before the Commission as a witness, otherwise than in answer to a summons, may be requested by the Commission to give evidence on oath, and, if he declines to be sworn or make an affirmation, his evidence shall not be received.
“(9) Sub-section (8) does not apply to a person who attends before the Commission for a discussion of a claim or review at the request of the Commission under sub-section (1) or at his own request under sub-section (3) or has a discussion with the Commission by telephone at his own request under sub-section (3).
“(10) A person who has been sworn, or made an affirmation, as a witness before the Commission shall not, without reasonable excuse—
(a) refuse to produce documents or to answer a question that he is required to answer by the Commission; or
(b) give evidence that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(11) In this section—
‘claim’ includes application;
‘claimant’ includes applicant;
‘decision’ includes determination and assessment.
“29c. (1) A claimant or applicant may, at any time before his claim or application is determined by the Commission, by notice in writing forwarded to the Secretary at an address of the Department, withdraw his claim or application.
“(2) The withdrawal of a claim or application does not prevent the claimant from subsequently making another claim under section 25, or the applicant from subsequently making another application under section 26.
“29d. (1) Subject to such conditions as the Commission determines, where—
(a) a claimant or applicant; or
(b) a person likely to be affected by a review under section 31,
travels within Australia for the purpose of attending, at the request of the Commission or a delegate of the Commission, before the Commission or such a delegate, for a discussion in relation to the claim, application or review, he is entitled to receive such travelling expenses in connection with that travel as are prescribed.
“(2) Subject to such conditions as the Commission determines, an attendant who travels in Australia for the purpose of accompanying a claimant, applicant or person likely to be affected by a review under section 31 to a discussion referred to in sub-section (1) of this section is entitled to be paid such
travelling expenses in connection with that travel as the Commission considers reasonable.”.
“31. (1) Where—
(a) the time for making application to the Board under section 107vc for a review of a decision of the Commission under section 29a has not expired; or
(b) an application has been duly made to the Board under section 107vc for a review of such a decision of the Commission but has not been determined by the Board,
the Commission may, in its discretion, review that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if it had been made by the Board, in substitution for the original decision, upon a review of the original decision.
“(2) Where application has been duly made, otherwise than by the Commission, to the Administrative Appeals Tribunal under section 107vzw for a review of—
(a) a decision of the Commission that has been affirmed by the Board; or
(b) a decision made by the Board in substitution for a decision of the Commission,
but the review has not been determined, the Commission may, in its discretion, review that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if the variation had been made by the Administrative Appeals Tribunal upon a review of the decision.
“(3) The Commission may, for the purpose only of correcting a manifest error, vary the date approved by the Board as the date from which a decision of the Board made in substitution for a decision of the Commission is to operate.
“(4) Where the Commission is satisfied that evidence before the Commission when it made a decision was false in a material particular, the Commission may, in its discretion, review the decision and, if it varies the decision, it may approve as the date as from which the variation shall operate a date, which may be a date before or after the commencement of the review, considered by the Commission to be appropriate in all the circumstances.
“(5) For the purposes only of approving a date under sub-section (1) or (2) as the date as from which a variation of a decision to which paragraph (1) (a) or (2) (a) applies shall operate, the Commission shall assume that an application had been made to the Board or Administrative Appeals Tribunal,
as the case may be, to review the decision on the date on which the Commission commenced its review of the decision.
“(6) If the Commission refuses or fails to review a decision in relation to pension, the refusal or failure is not subject to review by the Board or by the Administrative Appeals Tribunal.
“(7) A decision by the Commission upon its review under this section of a decision in relation to pension is not subject to review by the Board or the Administrative Appeals Tribunal unless the Commission revokes or varies the decision reviewed by the Commission.
“(8) This section applies to and in relation to a decision made before or after the commencement of this section but does not apply to or in relation to a decision of the Board referred to in sub-section 107vy (1) that is binding on the Commission by reason that the period specified in that sub-section has not expired.
“(9) In this section—
‘decision’ includes determination and assessment;
‘pension’ does not include service pension.”.
“47a. (1) Where the Commission makes a decision—
(a) with respect to a claim for a pension in accordance with section 25, or an application for a pension or increased pension in accordance with section 26; or
(b) to revoke or vary a decision upon a review carried out under section 31,
the Commission shall make a written record of its decision together with a statement in writing setting out its findings on material questions of fact, referring to the evidence or other material on which those findings are based and giving its reasons for the decision.
“ (2) As soon as practicable after the Commission makes a decision referred to in sub-section (1), the Commission shall, subject to sub-section (3), cause to be served—
(a) in the case of a decision in respect of a claim or application—on the claimant or applicant; or
(b) in the case of a decision upon a review carried out under section 31 —on the person affected by the review,
a copy of its decision and of the statement relating to the decision made by it in accordance with sub-section (1), together with particulars of the right of the person on whom it is served to have the decision reviewed by the Board.
“(3) Where the statement prepared by the Commission in pursuance of sub-section (1) upon the making of a decision referred to in that sub-section contains or refers to any information, opinion or other matter—
(a) that, in the opinion of the Commission, is of a confidential nature; or
(b) that, in the opinion of the Commission, it might be prejudicial to the physical or mental health or well-being of the person on whom a copy of the statement is required to be served to communicate to him,
the document served on him in pursuance of sub-section (2) shall not contain or refer to that information, opinion or matter.”.
“88. A claim for service pension—
(a) shall be in accordance with a form approved by the Commission;
(b) shall be accompanied by such evidence available to the claimant as he considers may support his claim; and
(c) shall be made by forwarding the claim to the Secretary at any address of the Department, together with any evidence in support of his claim referred to in paragraph (b).
“89. It is the duty of the Commission, in relation to service pensions—
(a) in considering a claim for a service pension submitted to it, to satisfy itself with respect to, or to determine, as the case requires, all matters relevant to the determination of the claim; and
(b) to assess, from time to time, the rates of service pensions of service pensioners and their dependants, and determine the dates of commencement and cessation of those service pensions.
“90. (1) Where a claim for service pension is made in accordance with section 88, the Secretary shall cause an investigation to be made into the matters to which the claim relates.
“(2) The Secretary shall, upon completion of his investigation in respect of a claim, cause the claim to be submitted to the Commission for its consideration and determination.
“(3) A claim submitted to the Commission under sub-section (2) shall be accompanied by—
(a) any evidence furnished by the claimant in support of the claim; and
(b) any documents relevant to the claim under the control of the Department, including any evidence or documents relevant to the claim obtained in the course of the investigation of the claim under sub-section (1).
“90a.(1) Where a claim for service pension is submitted to the Commission in accordance with sub-section 90 (2), the Commission shall consider the claim and, after consideration of all matters that, in the opinion of the Commission, are relevant, including, but without limiting the generality of the foregoing, the evidence and documents submitted with the claim in accordance with sub-section 90 (3) and any further evidence subsequently submitted to the Commission in support of the claim, shall determine the claim.
“(2) Where a service pension is granted to a person under this section, the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than the date on which his claim for service pension, in accordance with the form approved for the purposes of section 88, was received at an address of the Department.
“(3) Where—
(a) a person makes a claim for a service pension in writing, but otherwise than in accordance with the form approved for the purposes of section 88;
(b) the person subsequently makes a claim for the service pension in accordance with the form so approved—
(i) at a time when he had not been notified by the Department that it would be necessary for him to make his claim in accordance with the form so approved; or
(ii) within 3 months after he had been so notified; and
(c) a service pension is granted to the person under this section upon consideration of that claim in accordance with the form so approved,
the Commission may, subject to this Act, approve payment of the service pension from and including a date not earlier than the date on which the claim referred to in paragraph (a) was received at an address of the Department.
“90b. (1) A claimant for service pension may, at any time before his claim is determined by the Commission, by notice in writing forwarded to the Secretary at an address of the Department, withdraw his claim.
“(2) The withdrawal of a claim for service pension does not prevent the claimant from subsequently making another claim for a service pension.
“90c. (1) Subject to sub-section (3), a claimant who is dissatisfied with—
(a) a decision of the Commission in respect of his claim for a service pension; or
(b) a decision of the Commission under section 98 cancelling or suspending a service pension or reducing the rate of a service pension,
may, subject to sub-section (3), request the Commission, in writing, to review the decision, and, where a claimant duly makes such a request, the Commission
shall review the decision or cause the decision to be reviewed by a person to whom the Commission has delegated its powers under this section (not being the person who made the decision).
“(2) The Commission, or a person to whom the Commission has delegated its powers under this section, has, for the purposes of reviewing a decision under sub-section (1), all the powers of the Board under section 107vv and, for the purpose of the application of that section accordingly—
(a) a reference in that section to the Board shall be read as a reference to the Commission, or the person to whom the Commission has so delegated its powers, as the case requires;
(b) a reference in that section to the presiding member of the Board shall be read as a reference to the presiding member of the Commission or the person to whom the Commission has so delegated its powers, as the case requires; and
(c) a reference in that section to a review shall be read as a reference to a review under this section.
“(3) A request under sub-section (1) to review a decision of the Commission may be made within 3 months after service on the person to whom the decision relates of notice of the decision, but not otherwise.
“(4) Where the Commission reviews a decision under sub-section (1), the Commission may affirm or set aside the decision and, if it sets aside the decision, it shall make such other decision as it considers to be in accordance with this Act.
“(5) Where the Commission makes a decision, in substitution for the decision set aside, granting the claim for service pension or increasing the rate at which service pension is to be payable, it may approve payment of service pension, or payment of service pension at the increased rate, as from a date not earlier than the date from which the Commission could have approved payment of service pension, or service pension at the increased rate, if it had made the substituted decision in place of the original decision.
“(6) In this section, ‘decision’ includes a determination and an assessment.
“90d. (1) Where the Commission makes a decision upon a review of a decision under section 90c, the Commission shall make a written record of its decision together with a statement, in writing, setting out its findings on material questions of fact, referring to the evidence or other material on which those findings are based and giving its reasons for the decision.
“(2) As soon as practicable after the Commission makes a decision referred to in sub-section (1), the Commission shall, subject to sub-section (3), cause to be served on the claimant or other person to whom the decision relates, a copy of its decision and of the statement relating to its decision made by it in accordance with sub-section (1), together with particulars of any right of the
person on whom it is served to have the decision reviewed by the Administrative Appeals Tribunal.
“(3) Where the statement prepared by the Commission in pursuance of sub-section (1) upon the making of a decision referred to in that sub-section contains or refers to any information, opinion or other matter—
(a) that, in the opinion of the Commission, is of a confidential nature; or
(b) that, in the opinion of the Commission, it might be prejudicial to the physical or mental health or well-being of the person on whom a copy of the statement is required to be served to communicate to him,
the document served on him in pursuance of sub-section (2) shall not contain or refer to that information, opinion or other matter.
“(4) In this section, ‘decision’ includes a determination and an assessment.”.
“(3) Where a claim in accordance with section 25 for a pension is granted, the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim for pension, in accordance with an approved form, was received at an address of the Department.
“(4) Where—
(a) a person makes a claim for a pension in writing, but otherwise than in accordance with a form approved for the purposes of section 25;
(b) the person subsequently makes a claim for the pension in accordance with a form so approved—
(i) at a time when he had not been notified by the Department that it would be necessary for him to make his claim in accordance with a form so approved; or
(ii) within 3 months after he had been so notified; and
(c) a pension is granted to the person under this section upon consideration of that claim in accordance with a form so approved,
the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim referred to in paragraph (a) was received at an address of the Department.”.
“(5) Where a claim in accordance with section 25 for a pension is granted, the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim for pension, in accordance with an approved form, was received at an address of the Department.
“(5a) Where—
(a) a person makes a claim for a pension in writing, but otherwise than in accordance with a form approved for the purposes of section 25;
(b) the person subsequently makes a claim for the pension in accordance with a form so approved—
(i) at a time when he had not been notified by the Department that it would be necessary for him to make his claim in accordance with a form so approved; or
(ii) within 3 months after he had been so notified; and
(c) a pension is granted to the person under this section upon consideration of that claim in accordance with a form so approved,
the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim referred to in paragraph (a) was received at an address of the Department.”.
“(5) Where a claim in accordance with section 25 for a pension is granted, the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim for pension, in accordance with an approved form, was received at an address of the Department.
“(6) Where—
(a) a person makes a claim for a pension in writing, but otherwise than in accordance with a form approved for the purposes of section 25;
(b) the person subsequently makes a claim for the pension in accordance with a form so approved—
(i) at a time when he had not been notified by the Department that it would be necessary for him to make his claim in accordance with a form so approved; or
(ii) within 3 months after he had been so notified; and
(c) a pension is granted to the person under this section upon consideration of that claim in accordance with a form so approved,
the Commission may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim referred to in paragraph (a) was received at an address of the Department.”.
“107va. In this Part, unless the contrary intention appears—
‘applicant’ means a person who makes an application;
‘application’ means an application under this Part to the Board for a review of a decision of the Commission;
‘decision’, in relation to the Commission, includes a determination of the Commission and an assessment made by the Commission;
‘member’ means the Principal Member, a Senior Member or another member of the Board;
‘member of the Forces’ means—
(a) a person who is a member of the Forces within the meaning of section 23, 100, 105, 107b or 107f;
(b) a person who is a member to whom Division 10 of Part III applies by virtue of the definition of ‘member to whom this Division applies’ in section 107j; or
(c) a person to whom certain provisions of this Act extend by virtue of section 102, 107, 107d or 107g,
whichever is appropriate;
‘pension’ does not include service pension;
‘Principal Member’ means the Principal Member of the Board;
‘review’ means a review of a decision;
‘Senior Member’ means a Senior Member of the Board;
‘Services member’ means a member who, on the occasion of his appointment, or on any occasion of his re-appointment, as a member, was a person selected from lists submitted in accordance with a request made under sub-section 107vzc (3).
“107vb. There is hereby established a Veterans’ Review Board, which shall consist of a Principal Member and such number of Senior Members, and such number of other members, as are appointed in accordance with this Act.
“107vc. (1) Where a person—
(a) who has made a claim for a pension in accordance with section 25; or
(b) who has made application for a pension, or for an increased pension, in accordance with section 26,
is dissatisfied with any decision of the Commission in respect of the claim or application (not being a decision under sub-section 29a (3)), the person may, subject to this Act, make application to the Board for a review of the decision of the Commission.
“(2) Where the Commission, upon a review under section 31 of a decision in relation to pension, has made a further decision revoking or varying that decision, the member of the Forces, or the dependant of a member of the Forces or deceased member of the Forces, as the case may be, affected by that further decision may make application to the Board for a review—
(a) of the further decision of the Commission revoking that previous decision; or
(b) of that previous decision as varied by the further decision of the Commission,
as the case may be.
“(3) Subject to sub-section (4), an application under sub-section (1) or (2) to the Board to review a decision of the Commission may be made within 12 months after service on the person to whom the decision relates of a copy of that decision in accordance with sub-section 47a (2), but not otherwise.
“(4) An application under sub-section (1) or (2) to the Board to review a decision of the Commission—
(a) assessing a rate of pension or increased rate of pension;
(b) refusing to grant a pension on the ground that the extent of the incapacity of the member of the Forces is insufficient to justify the grant of a pension;
(c) refusing to increase the rate of a pension; or
(d) reducing the rate of a pension,
may be made within 3 months after service on the person to whom the decision relates of a copy of that decision in accordance with sub-section 47a (2), but not otherwise.
“107vd. (1) An application to the Board for a review—
(a) shall be in writing;
(b) shall be forwarded to the Secretary at an address of the Department; and
(c) shall, for the purposes of this Act, be deemed to have been made on the date on which the application is received at an address of the Department,
and may set out a statement of the reasons for the application.
“(2) An application under sub-section (1) relating to a pension granted to, or claimed for, a member of the Forces, or a dependant of a member of the Forces or deceased member of the Forces, may be made—
(a) by the member or dependant, as the case may be;
(b) with the approval of the member or dependant, as the case may be, by another person on behalf of the member or dependant;
(c) in the case of a member or dependant, as the case may be, who is unable, by reason of physical or mental incapacity, to approve a person to make an application on his behalf—on behalf of the member or dependant, by a person approved by the Commission; or
(d) in the case of a dependant who is under the age of 18 years, on behalf of the dependant—
(i) by a parent or guardian of the dependant; or
(ii) by another person approved by a parent or guardian of the dependant.
“(3) Sub-section (2) does not limit the application of section 24a in relation to applications under sub-section (1) of this section.
“107ve.(1) Within 6 weeks after receipt by the Secretary of an application for review made under sub-section 107vc (1) or (2), the Secretary shall—
(a) cause to be prepared a report referring to the evidence under the control of the Department that is relevant to the review; and
(b) subject to sub-section (2), cause a copy of that report to be served personally or by post on the applicant.
“(2) Where the report prepared by the Secretary in pursuance of sub-section (1) contains or refers to any information, opinion or other matter—
(a) that, in the opinion of the Secretary, is of a confidential nature; or
(b) that, in the opinion of the Secretary, it might be prejudicial to the physical or mental health or well-being of the applicant to communicate to the applicant,
the document served on the applicant in pursuance of paragraph (1) (b) shall not contain or refer to that information, opinion or other matter.
“(3) Where a copy of a report is served on an applicant in accordance with sub-section (1), the applicant may, within 28 days after service of the report on him or within such further period as he may request in writing before the expiration of that period, furnish to the Secretary in writing any comments he wishes to make concerning the report.
“(4) Upon the expiration of the period or extended period referred to in sub-section (3), the Secretary shall forward to the Principal Member of the Board all the relevant documents, including any comments furnished to the Secretary by the applicant concerning the report served on the applicant and, if a further investigation has been made in consequence of those comments of the applicant, a supplementary report referring to any evidence obtained in that further investigation.
“107vf. (1) The Board, in conducting a review, in hearing a review or in making a decision on a review—
(a) is not bound by technicalities, legal forms or rules of evidence; and
(b) shall act according to substantial justice and the merits and all the circumstances of the case and, without limiting the generality of the foregoing, shall take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to—
(i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; or
(ii) the absence of, or a deficiency in, relevant official records, including an absence or deficiency resulting from the fact that an occurrence that happened during the service of a member of the Forces was not reported to the appropriate authorities.
“(2) The Commission may make available to the Board—
(a) statements of principles applied by the Commission in deciding claims for pension and applications for pension and increased pension and in conducting reviews under section 31; and
(b) such other material as the Commission considers may be of assistance to the Board in the exercise of its powers or the performance of its functions under this Act.
“(4) Nothing in this section authorizes the Commission to direct the Board with respect to its consideration of a particular review by the Board.
“107vg. (1) On a review, the Board shall have regard to the evidence that was before the Commission when the decision the subject of the review was made and to any further evidence before the Board on the review that was not before the Commission but would have been relevant to the making of the decision by the Commission.
“(2) It is the duty of the Board, in reviewing a decision of the Commission, to satisfy itself with respect to, or to determine, as the case requires, all matters relevant to that review.
“(3) On the completion of its consideration of a review of a decision—
(a) if the decision was a decision to refuse to grant a claim for a pension—the Board shall set aside the decision unless it is satisfied, beyond reasonable doubt, that there were insufficient grounds for granting the claim or application; or
(b) in any other case—the Board shall set aside the decision unless it is satisfed, beyond reasonable doubt, that the decision is the decision that the Board would have made if it had had the responsibility for making the decision the subject of the review.
“(4) Where the Board sets aside a decision of the Commission on a review of that decision, the Board shall substitute for that decision such other decision as the Board considers to be in accordance with this Act and, for that purpose, the Board may exercise all the powers and discretions that are conferred on the Commission.
“(5) Without limiting the generality of sub-section (4), where the Board sets aside a decision of the Commission refusing to grant a pension to a person and substitutes for it a decision granting a pension to the person, the Board shall assess the rate at which the pension is to be paid to the person or remit the matter to the Commission to assess the rate at which the pension is to be paid to the person.
“(6) Where the Board does not set aside a decision of the Commission on a review of the decision, it shall affirm the decision.
“107vh. Where—
(a) on a review of a decision made by the Commission upon an application under sub-section 26 (1) or (2), there is before the Board further evidence that was not before the Commission; and
(b) by reason of that further evidence, the Board has reason to believe that there has been a change in the incapacity of the applicant since the date of that decision,
the Board shall, for the purpose of the review, disregard that further evidence to the extent that it relates to the incapacity of the applicant at any time after the date of that decision, but may, after making its decision on the review, refer the assessment back to the Commission for re-consideration in the light of that further evidence.
“107vj. (1) Where the Board reviews a decision of the Commission, the Board shall—
(a) record its decision on the review in writing;
(b) prepare a written statement setting out its reasons for that decision, including its findings on any material questions of fact, and referring to the evidence or other material on which those findings were based;
(c) file the decision and the written statement with the records of the case; and
(d) cause to be served, either personally or by post, on each of the relevant persons—
(i) a copy of the decision; and
(ii) subject to sub-section (2), a copy of the written statement referred to in paragraph (b) of this sub-section,
and, on the applicant for the review or a person authorized by the applicant, particulars of the person’s right to make application to the Administrative Appeals Tribunal for a review of the decision of the Commission affirmed by that decision of the Board or the decision of the Board in substitution for the decision of the Commission set aside by the Board, as the case may be.
“(2) Where a statement prepared by the Board in pursuance of paragraph (1) (b) upon a review of a decision of the Commission contains or refers to any information, opinion or other matter—
(a) that, in the opinion of the Board, is of a confidential nature; or
(b) that, in the opinion of the Board, it might be prejudicial to the physical or mental health or well-being of the relevant person to communicate to the applicant,
the document served on the applicant in pursuance of sub-paragraph (1) (d) (ii) shall not contain or refer to that information, opinion or other matter.
“(3) In this section, ‘relevant person’, in relation to a review, means—
(a) the applicant for the review, or a person authorized by the applicant; or
(b) the Commission.
“107vk. (1) Subject to this section, the Board shall, for the purposes of a review, be constituted by—
(a) the Principal Member or a Senior Member;
(b) a Services member; and
(c) one other member.
“(2) With the approval of the Minister, the Board may, for the purposes of a particular review, or of a review included in a particular class of reviews, be constituted by—
(a) the Principal Member or a Senior Member; or
(b) one other member,
only.
“107vl. (1) The Principal Member is responsible for the efficient operation of the Board.
the claim shall be dealt with as if an application had been duly made under Part IIIa of the Repatriation Act as amended by this Act to the Veterans’ Review Board for a review of the claim and shall be considered and decided by that Board accordingly.
(a) a question of law had been referred to the Federal Court of Australia under section 107vzzg of the Repatriation Act before the commencing day; or
(b) an appeal to the Federal Court of Australia had been instituted under section 107vzzh of the Repatriation Act before the commencing day,
but had not been determined before that day, the Federal Court of Australia may hear and determine the question of law, or the appeal, as the case may be, as if Part IIIc of the Repatriation Act had not been repealed by this Act and, for the purpose of the application of sub-section 107vzzh (5) of the Repatriation Act accordingly, the second occurring reference in that
sub-section to the Tribunal shall be read as a reference to the Administrative Appeals Tribunal.
(a) give a decision to which the question is relevant while the reference is pending before the Federal Court of Australia; or
(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court of Australia.
(3) In the application of sub-section 107vzzh (5) of the Repatriation Act to and in relation to an appeal to which sub-section (1) of this section applies, the reference in sub-section 107vzzh (5) to the Tribunal shall be read as a reference to the Administrative Appeals Tribunal.
(a) assessing the rate of pension of an Australian mariner;
(b) refusing to alter the existing assessment of the rate of pension of an Australian mariner; or
(c) determining that the incapacity from which an Australian mariner is suffering is directly attributable to a war injury sustained by the mariner but is so slight that it does not warrant a pension assessment,
may, subject to sub-section (8), be made within 3 months after the service on the applicant of a copy of that decision, but not otherwise.
commencing day, that service shall, for the purposes of the Seamen’s War Pensions and Allowances Act, as amended by this Act, be deemed to be service in accordance with section 8a of that Act as so amended.
Omit “or to a member, or an acting member, of a Board”.
Omit “or a member of a Board”.
Omit “or an acting member of a Board”.
Omit “a Board” (twice occurring), substitute “the Board”.
Omit “, whether the Board to which he is appointed or another Board,”.
Omit “or a Board”.
Omit “or a Board, as the case may be, “.
Omit “or to a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or Board”.
Omit “or a Board”.
Omit “, or a Board”.
Omit “, and the Commission, in hearing, considering or deciding an appeal”.
Omit “or a Board”.
Omit “, and the Commission shall allow an appeal,”.
Omit “or allowing the appeal”.
Omit “, application or appeal referred to in section 47”, substitute “or application”.
Omit “, a Board or the Tribunal”.
Omit “or a Board”.
Omit “a Board”, substitute “the Commission or a person to whom the Commission has delegated its powers under section 84”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or the Board, as the case may be,”.
Omit “or a Board”.
Omit “or the Board, as the case may be,”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or the Board, as the case may be,”.
Omit “or a Board”.
Omit “or the Board, as the case may be,”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or the Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or Board”.
Omit “or a Board”.
Omit “or Board”.
Omit “or a Board” from sub-paragraph (d) (iv) of the definition of “Active Service”.
Omit “or a Board” from the definition of “special mission”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit “or a Board”.
Omit”, a Board”.
Omit “or a Board”.
Omit “or the Board”.
Omit “or a Board” (twice occurring).
After Schedule 5, add the following Schedule:
“SCHEDULE 6 Section 107vzu
OATH
I, , do swear that I will be faithful and bear true allegiance to
Her Majesty Queen Elizabeth the Second, Her heirs and successors according to
law, that I will well and truly serve Her in the office of Principal Member
AFFIRMATION
I, ,
do solemnly and sincerely promise and declare that I will be faithful and bear
true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and
successors according to law, that I will well and truly serve Her in the office
of Principal Member
Consequential Amendments of
Omit “or a Board”.
Omit “or a Board”.
Omit “Parts IIIa, IIIb and IIIc”, substitute “Parts IIIa and IIIb”.
Omit “or a Board”.
Omit “or a Board”.
Omit “and 121”,
substitute “, 121, 121a, 121b
Omit “Parts IIIa, IIIb and IIIc”, substitute “Parts IIIa and IIIb”.
1. No. 6, 1920, as amended. For previous amendments, see No. 34, 1921; No. 23, 1922; No. 14, 1929; No. 74, 1930; Nos. 10 and 47, 1931; No. 32, 1934; No. 58, 1935; Nos. 29 and 67, 1936; Nos. 12, 24 and 42, 1937; No. 55, 1938; Nos. 37 and 96, 1940; No. 49, 1941; No. 22, 1943; No. 11, 1945; No. 49, 1946; Nos. 1, 29 and 74, 1947; No. 39, 1948; No. 38, 1949; Nos. 34 and 80, 1950; No. 31, 1951; No. 58, 1952; No. 69, 1953; No. 31, 1954; No. 39, 1955; Nos. 68 and 97, 1956; No. 44, 1957; No. 47, 1958; No. 58, 1959; No. 44, 1960; No. 46, 1961; Nos. 75 and 91, 1962; No. 47, 1963; Nos. 62 and 105, 1964; No. 64, 1965; No. 42, 1966; No. 64, 1967; Nos. 66 and 120, 1968; No. 95, 1969; Nos. 4 and 60, 1970; Nos. 17 and 68, 1971; Nos. 15, 82 and 139, 1972; Nos. 2, 27 and 104, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 3, 24 and 90, 1974; Nos. 35, 56 and 111, 1975; Nos. 27, 91 and 112, 1976; No. 56, 1977; Nos. 129 and 170, 1978; Nos. 18 and 124, 1979; No. 129, 1980; Nos. 41, 61 and 160, 1981; Nos. 20 and 80, 1982; No. 100, 1982 (as amended by No. 39, 1983); Nos. 36 and 70, 1983; and Nos. 78 and 97, 1984.
2. No. 46, 1947, as amended. For previous amendments, see No. 79, 1950; No. 106, 1964; No. 93, 1966; No. 5, 1973; No. 90, 1974; No. 18, 1979; No. 160, 1981; and No. 100, 1983.
3. No. 91, 1956, as amended. For previous amendments, see No. 90, 1962; No. 107, 1964; No. 93, 1966; No. 81, 1972; No. 4, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 90, 1974; No. 129, 1978; No. 18, 1979; No. 160, 1981; and No. 100, 1983.
4. No. 89, 1962, as amended. For previous amendments, see No. 108, 1964; No. 110, 1965; No. 93, 1966; No. 78, 1968; No. 80, 1972; No. 3, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 90, 1974; No. 129, 1978; No. 18, 1979; No. 160, 1981; No. 100, 1982; and No. 70, 1983.
5. No. 60, 1940, as amended. For previous amendments, see No. 77, 1946; No. 80, 1950; Nos. 17 and 75, 1952; No. 70, 1953; No. 32, 1954; No. 40, 1955; No. 45, 1957; No. 48, 1958; No. 59, 1959; No. 46, 1960; No. 47, 1961; Nos. 64 and 113, 1964; No. 65, 1965; No. 43, 1966; No. 102, 1967; No. 67, 1968; No. 96, 1969; No. 61, 1970; Nos. 18 and 69, 1971; Nos. 16 and 83, 1972; Nos. 6 and 106, 1973; Nos. 4, 25 and 90, 1974; Nos. 35 and 111, 1975; Nos. 27, 91 and 112, 1976; No. 56, 1977; No. 129, 1978; Nos. 18 and 124, 1979; No. 129, 1980; No. 160, 1981; Nos. 80 and 100, 1982; and No. 70, 1983.
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