44Application of section 120 of Veterans’ Entitlements Act to reviews by Administrative Appeals Tribunal

44 Application of section 120 of Veterans’ Entitlements Act to reviews by Administrative Appeals Tribunal

(1) Subject to subsection (2), where the Administrative Appeals Tribunal reviews, on or after the commencing date, a decision made under a repealed Act, the person who made the decision shall be deemed, for the purposes of section 43 of the Administrative Appeals Tribunal Act 1975, to have the powers and discretions conferred on that person by the Veterans’ Entitlements Act in its application by virtue of this Act. (2) Where, on or after the commencing date, the Administrative Appeals Tribunal, upon application made by the Commission, reviews a decision given by the Board before 15 May 1985, being a decision granting a claim for a pension, the person who made the decision shall be deemed, for the purposes of section 43 of the Administrative Appeals Tribunal Act 1975, to have the powers and discretions conferred on the Commission by: (a) the provisions of the Veterans’ Entitlements Act, other than section 120 of that Act; and (b) the provisions of subsection 42(3) of this Act.