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VETERANS' ENTITLEMENTS ACT 1986 - SECT 175 Applications for review

VETERANS' ENTITLEMENTS ACT 1986 - SECT 175

Applications for review

  (1)   If:

  (a)   a decision of the Commission has been reviewed by the Board upon an application made under section   135 or 135A; and

  (b)   either:

  (i)   the Board affirms or varies the decision; or

  (ii)   the Board sets aside the decision in circumstances where subparagraph   139(3)(c)(i) or (ii) applies;

applications may be made to the Administrative Appeals Tribunal for review of the decision of the Board.

  (1AA)   For the purposes of subsection   (1), the decision made by the Board is taken to be:

  (a)   if the Board affirms a decision--that decision as affirmed; or

  (b)   if the Board varies a decision--that decision as varied; or

  (c)   if the Board sets aside a decision in circumstances where subparagraph   139(3)(c)(i) or (ii) applies--the decision made by the Board in substitution for the decision so set aside.

  (1A)   If the Commission under section   13AG makes a decision that a verification determination should not be made in respect of a person, the person may apply to the Administrative Appeals Tribunal for a review of the decision.

  (2)   Where the Commission, under section   57B, affirms a decision of the Commission referred to in section   57 or sets it aside and substitutes another decision for it, a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

  (2A)   If the Commission, under section   64C, affirms a decision of the Commission referred to in that section or sets it aside and substitutes another decision, a person may apply to the Administrative Appeals Tribunal for review of the decision so affirmed or substituted.

  (2B)   If the Commission under section   79U:

  (a)   affirms a decision of the Commission referred to in subsection   79T(1); or

  (b)   sets it aside and substitutes another decision for it;

a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

  (2C)   If the Commission, under section   93ZB, affirms a decision of the Commission referred to in section   93Z or sets it aside and substitutes another decision, a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

  (2D)   If the Commission, under section   118ZU, affirms a decision of the Commission referred to in section   118ZS or sets it aside and substitutes another decision for it, a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

  (2E)   A person's right to apply to the Administrative Appeals Tribunal under any of subsections   (1A) to (2D) is subject to section   29 of the Administrative Appeals Tribunal Act 1975 .

Note:   Section   29 of the Administrative Appeals Tribunal Act 1975 deals with the manner of applying for review.

  (3)   Where the Commission varies a decision under subsection   31(2) after an application had been made to the Administrative Appeals Tribunal for a review of that decision but before the determination of that application, then, unless the applicant for the review withdraws the application, the application shall be treated as if it were an application for a review of the decision as so varied.

  (4)   Where the Commission, under section   115, affirms a decision of the Commission in respect of an application for an allowance, payment or benefit referred to in subsection   115(1), or sets aside such a decision and substitutes another decision for it, then, subject to section   29 of the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for a review:

  (a)   of the decision so affirmed; or

  (b)   of the decision made by the Commission under section   115 in substitution for the decision so set aside.

  (5)   If the Commission, under subsection   116D(2):

  (a)   affirms a decision of the Commission under subsection   116C(1) or 116CC(1); or

  (b)   sets aside such a decision and substitutes another decision for it;

then, subject to section   29 of the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for a review:

  (c)   of the decision so affirmed; or

  (d)   of the decision made by the Commission in substitution for the decision so set aside.

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