152Proceeding transferred to Administrative Appeals Tribunal

152 Proceeding transferred to Administrative Appeals Tribunal

Where a proceeding before a Compensation Tribunal in relation to a determination made before the date of commencement of this Part is transferred to the Administrative Appeals Tribunal by virtue of section 151: (a) the request that instituted the proceeding: (i) shall be deemed to constitute an application for the review of the determination made, by the party who made the request, to the Administrative Appeals Tribunal; and (ii) shall be deemed to have complied with the requirements of paragraphs 29(1)(a), (b) and (c) of the Administrative Appeals Tribunal Act 1975; (b) if the request was lodged with the Clerk of a Compensation Tribunal within the period referred to in paragraph 76(1)(c) of the Principal Act or within any extension of that period granted under section 77 of that Act, the application that is deemed by paragraph (a) of this section to have been made to the Administrative Appeals Tribunal shall be deemed to have been lodged with the Administrative Appeals Tribunal within the time prescribed by paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975; (c) if the request was lodged with the Clerk of a Compensation Tribunal after the period referred to in paragraph 76(1)(c) of the Principal Act, the application that is deemed by paragraph (a) of this section to have been made to the Administrative Appeals Tribunal shall be deemed to have been lodged with the Administrative Appeals Tribunal after the time prescribed by paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975 but nothing in this paragraph affects the powers of the Administrative Appeals Tribunal under subsection 29(7) of that Act; (d) the Administrative Appeals Tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the Compensation Tribunal relating to its reconsideration of the determination, including a record of any evidence that had been taken; (e) a person who has in his possession or under his control a document or other thing that was furnished to him in connection with the proceeding before a Compensation Tribunal shall lodge that document or thing with the Administrative Appeals Tribunal; (f) the President of the Administrative Appeals Tribunal, or a Deputy President or senior non‑presidential member of the Administrative Appeals Tribunal authorized for the purpose by the President, may give such directions, not inconsistent with the Administrative Appeals Tribunal Act 1975 or any regulations in force under that Act, as he thinks appropriate in respect of any matter relating to the conduct of the review by that Tribunal of the determination; (g) the Principal Act as amended by this Part applies in relation to the determination in like manner as that Act as so amended applies in relation to a determination made after the commencement of this Part; (h) subject to the preceding provisions of this section, the Administrative Appeals Tribunal Act 1975 applies in relation to the determination in like manner as it applies in relation to a determination made after the commencement of this Part; and (j) the power of the Administrative Appeals Tribunal to make an order in relation to costs under section 64 of the Principal Act as amended by this Part extends in relation to costs incurred in respect of the proceeding before a Compensation Tribunal.