Commonwealth Numbered Acts

REPATRIATION LEGISLATION AMENDMENT ACT 1984 No. 97, 1984 - SECT 59

59. (1) Where-

   (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        been repealed by this Act and, for the purpose of the application of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.

(2) Where a question of law to which sub-section (1) applies has been referred
to the Federal Court of Australia, the Veterans' Review Board shall not, in
the review to which the question is relevant-

   (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.