VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988 No. 134 of 1988 - SECT 43 Claim for pension

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988 No. 134 of 1988 - SECT 43

43. Section 26 of the Principal Act is amended by adding at the end the
following subsections:

"(3) Where:

   (a)  an Australian mariner has made a claim for a pension under this
        section in respect of incapacity from a particular war injury; and

   (b)  the claim has not been finally determined; the Australian mariner is
        not empowered to make another claim for a pension under this section
        in respect of incapacity from that war injury.

"(4) Where:

   (a)  a person has made a claim for a pension under this section in respect
        of the death of an Australian mariner; and

   (b)  the claim has not been finally determined; the person is not empowered
        to make another claim for a pension under this section in respect of
        the death of that Australian mariner.

"(5) For the purposes of this section, a claim is finally determined when
either:

   (a)  a decision that has been made in respect of the claim is not subject
        to any form of appeal or review; or

   (b)  a decision that has been made in respect of the claim was subject to
        some form of appeal or review, but the period within which such an
        appeal or review could be instituted has ended without an appeal or
        review having been instituted.".
Commencement: Day of Royal Assent