41Application of Part

#### 41 Application of Part 41 Application of Part > > (1) Each of the provisions of this Part (including as applied by the Commission rules under subsection (2)) is subject to enabling legislation and the Commission rules. > > > > Note. > > > > The Division Schedule for a Commission Division may, in some cases, make special provision for the practice and procedure to be followed in connection with certain proceedings allocated to the Division for determination. The provisions of the Division Schedule prevail to the extent of any inconsistency with the provisions of this Part. See section 13(2). > > > > Section 5(3) also provides that any provisions of this Act or enabling legislation that are expressed to be subject to the Commission rules have effect subject to any exceptions, limitations or other restrictions specified by the Commission rules. > > > > Enabling legislation may also make provision for matters relating to practice and procedure in relation to functions conferred on the Commission, including (for example) specifying periods within which applications or appeals under that legislation are to be made. > > > (2) The Commission rules may make provision for or with respect to applying provisions of this Part (whether with or without modification) to the following— > > > > > (a) proceedings before a merit reviewer or medical assessor under enabling legislation, > > > > > (b) proceedings before a panel under enabling legislation determining an appeal against, or a review of, a decision of a merit reviewer or medical assessor.