Commonwealth Numbered Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 353

Application of the Veterans' Entitlements Act 1986
(1)
Sections 133, 137, 138, 139, 140 and 140A, and Divisions 4, 5, 6 and 8 of Part IX (except sections 154 and 157), of the Veterans' Entitlements Act 1986 apply for the purposes of a review by the Board under this Part.

(2)
Those provisions (the applied provisions ) apply subject to the modifications set out in this table.


Modifications of the Veterans' Entitlements Act 1986


Item


Provision


Modification


1


The applied provisions


References to the Repatriation Commission have effect as references to the Military Rehabilitation and Compensation Commission


2


The applied provisions


References to the Veterans' Entitlements Act 1986 have effect as references to this Act


3


The applied provisions


References to Part IX of the Veterans' Entitlements Act 1986 have effect as references to this Chapter


4


The applied provisions


References to a pension or allowance under the Veterans' Entitlements Act 1986 have effect as references to compensation under this Act


5


The applied provisions


References to the rate of a pension or allowance have effect as references to an amount of compensation


6


The applied provisions


References to a decision have effect as references to an original determination


7


The applied provisions


References to a veteran have effect as references to a claimant


8


Section 137


References to the Secretary have effect as references to the Commission.
The report under that section is to be prepared within 6 weeks after an application for review by the Board under this Chapter is received by the Commission


9


Paragraph 138(1)(b)


Instead of the reason attributable to a thing described in subparagraph 138(1)(b)(ii), the Board is to have regard to a reason attributable to the absence of, or a deficiency in, relevant official records, including one resulting from the fact that something that happened during warlike service or non-warlike service rendered by a person was not reported to the appropriate authorities


10


Paragraph 138(2)(a)


The paragraph does not apply


11


Subsection 140(2A)


The reference to a prescribed address has effect as a reference to a place approved by the Commission under subsection 323(2) of this Act


12


Subsection 147(1)


The parties to a review by the Board are:

(a) the claimant; and
(b) the Commission.

The relevant service chief may also choose to be a party to the review


13


Subsection 148(2)


The reference to either party to the review has effect as a reference to each party to the review


14


Subsection 148(6A)


References to the Secretary have effect as references to the Commission


15


Section 152


References to the Secretary have effect as references to the Commission


16


Subsection 153(1)


The reference to the other party to the review has effect as a reference to each other party to the review


17


Subsection 155(2)


The reference to section 135 has effect as a reference to section 352 of this Act


18


Subsections 155AA(5), (6) and (7) and 155AB(5), (6) and (7)


The notice must also be given to the relevant service chief if the service chief is a party


19


Subsection 156(1)


The subsection has effect as if ", being a date fixed in accordance with section 157" were omitted


20


Subsection 170A(2)


The subsection has effect as if "referred to in section 135" were omitted


21


Subsections 170B(1) and 171(1)


Regulations made for the purposes of those subsections apply in working out amounts of travelling allowance, and fees and expenses for witnesses, for the purposes of a review by the Board under this Part of this Act


22


Subsections 170A(5) and 170B(5)


A reference to an office of the Department in Australia has effect as a reference to a place approved by the Commission under subsection 323(2) of this Act




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