Coal Acquisition (Compensation) Arrangements 1985
23Claim deemed to be finally determined in specified circumstances
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23 Claim deemed to be finally determined in specified circumstances
23 Claim deemed to be finally determined in specified circumstances
For the purposes of this instrument, a claim shall be regarded as finally being determined:
(a) where no appeal is lodged under clause 27 within 30 days after a determination made in respect of the claim is notified to the claimant in accordance with clause 17 (3)—at the conclusion of that period,
(b) where such an appeal is lodged but is withdrawn before the expiration of that period—at the conclusion of that period,
(c) where such an appeal is lodged but is withdrawn after the expiration of that period—at the time of withdrawal,
(d) where such an appeal is lodged and the Compensation Review Tribunal makes a decision in respect of the appeal under clause 29 (2) (a) or (3) (a)—at the time when the decision is announced at a hearing of the Tribunal or when a notice specifying the decision is served on the parties to the appeal, whichever time first occurs,
(e) where such an appeal is lodged and, pursuant to clause 29 (2) (b), the Compensation Review Tribunal remits the claim to the Compensation Board for reconsideration—at the time when the variation of the determination of the Compensation Board is notified to the claimant in accordance with clause 22A (5), or
(f) where such an appeal is lodged and, pursuant to clause 29 (3) (b), the Compensation Review Tribunal remits the claim to the Compensation Board for reconsideration:
(i) if, as a result of reconsidering the claim, the Board has made a determination and no appeal is lodged under clause 27 within 30 days after the determination is notified to the claimant in accordance with clause 22A (6)—at the conclusion of that period,
(ii) if such an appeal is lodged but is withdrawn before the expiration of that period—at the conclusion of that period,
(iii) if such an appeal is lodged but is withdrawn after the expiration of that period—at the time of the withdrawal, or
(iv) if such an appeal is lodged and the Compensation Review Tribunal makes a decision in respect of the appeal under clause 29 (2) (a) or (3) (a)—at the time when the decision is announced at a hearing of the Tribunal or when a notice specifying the decision is served on the parties to the appeal, whichever time first occurs.