Commonwealth Numbered Acts

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1987 No. 78 of 1987 - SECT 8

8. Section 31 of the Principal Act is amended:

   (a)  by inserting after subsection (5) the following subsection:

"(5A) The Commission may, for the purpose of reviewing a decision under this
section, of exercising its powers under subsection (6) for a reason specified
in paragraph (6) (a) or (b) or of exercising its powers under subsection (8),
by notice in writing served on a veteran who is in receipt of a pension under
this Part, request the veteran:

   (a)  to undergo, as provided in the notice, a medical examination for the
        purpose of the review, or the exercise of those powers, as the case
        may be; or

   (b)  to consent to the release to the Commission of information concerning
        the veteran of a kind described in the notice, being information that,
        in the opinion of the Commission, may be relevant to the review, or
        the exercise of those powers, as the case may be.";

   (b)  by omitting from paragraph (6) (a) "or" (last occurring);

   (c)  by inserting after paragraph (6) (b) the following word and paragraph:

"; or (c) by reason of a refusal or failure of a veteran to comply with a
notice served on the veteran under subsection (5A) or with a request made
under paragraph 32 (1) (c);";

   (d)  by inserting after subsection (6) the following subsections:

"(6A) Where the Commission is, under subsection (6), satisfied that the rate
of a pension payable to a veteran is higher than it should be by reason that
the degree of incapacity of the veteran from war-caused injury or war-caused
disease, or both, is less than 10 per centum (including nought per centum), it
shall cancel the pension that was payable to the veteran.

"(6B) The cancellation of a pension payable to a veteran under subsection (6A)
does not affect any decision of the Commission, the Board or the
Administrative Appeals Tribunal that is in force determining that the veteran
is suffering from a war-caused injury or a war-caused disease, or both."; and

   (e)  by inserting after subsection (7) the following subsection:

"(7A) Subsection (7) does not apply to a determination made under subsection
(6) for a reason set out in paragraph (6) (c).".