Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 15   Veterans' Affairs

Part 1   Main amendments

Military Rehabilitation and Compensation Act 2004

5   Subsection 354(1A)

Repeal the subsection, substitute:

(1AA) The Administrative Review Tribunal Act 2024 applies to an application for review of a reviewable determination by the Board under Part 4 of this Act as if references in the following provisions of that Act to the decision-maker for the decision the subject of the application were instead references to the Commission:

(a) section 56;

(b) section 60;

(c) paragraph 61(1)(b);

(ca) paragraph 61(1A)(b);

(d) paragraph 65(2)(b);

(e) subsection 73(3);

(f) subsection 79(3);

(g) paragraph 126(2)(b);

(h) paragraph 129(2)(b).

Note: The provisions of the Administrative Review Tribunal Act 2024 mentioned in this subsection apply normally in respect of other kinds of reviewable determinations.

(1A) The Administrative Review Tribunal Act 2024 applies to an application for review of a reviewable determination by the Board under Part 4 of this Act as if references in the following provisions of that Act to the decision-maker for the decision the subject of the application were instead references to whichever of the Commission or the Chief of the Defence Force made the original determination:

(a) paragraph 21(2)(b);

(b) Subdivision B of Division 4 of Part 3;

(c) paragraph 31(2)(b);

(d) section 54;

(e) section 85 (subject to subsection (1B) of this section);

(f) paragraph 105(c);

(g) subsection 108(2).

Note: The provisions of the Administrative Review Tribunal Act 2024 mentioned in this subsection apply normally in respect of other kinds of reviewable determinations.