19Pending applications to the Board or the Tribunal

19 Pending applications to the Board or the Tribunal

(1) An application made, or deemed to be made to the Board under section 107VC of the Repatriation Act that had not been determined under that Act before the commencing date shall, on and after that date, be treated as if it were an application that had been made to the Board under section 135 of the Veterans’ Entitlements Act, and shall be heard and determined by the Board accordingly. (2) An application made to the Administrative Appeals Tribunal under section 107VZW of the Repatriation Act that had not been determined by that Tribunal before the commencing date shall, on and after that date, be treated as if it were an application that had been made to that Tribunal under section 175 of the Veterans’ Entitlements Act, and shall be heard and determined by that Tribunal accordingly. (3) For the purposes of the application of subsection (1) or (2) in relation to an application for a review of a decision, any approval given, investigation carried out, report prepared, decision made or act or thing done before the commencing date for the purposes of, or in connection with, that application to, or the review of that decision by, the Board or the Administrative Appeals Tribunal, as the case may be, shall, by force of this section, have the force and effect, on and after that date, for the purposes of consideration and determination of that decision by the Board or that Tribunal that it would have if it had been given, carried out, prepared, made or done under the Veterans’ Entitlements Act for the purposes of, or in connection with, that application to, or the review of that decision by, the Board or that Tribunal under that Act. (4) The decision of the Board or of the Administrative Appeals Tribunal upon an application to which subsection (1) or (2) applies shall be such decision as the Board, or the Tribunal, considers to be, in all the circumstances of the particular case, in accordance with the provisions of the Veterans’ Entitlements Act and of this Act.