50

50 Membership of Commission

(1) The members of the Commission appointed under subsection 8(1) of the Repatriation Act and holding office immediately before the commencing date shall, subject to the Veterans’ Entitlements Act, continue to hold office as members of the Commission, but otherwise in accordance with their respective periods of appointment, as if they had been appointed under subsection 182(2) of the Veterans’ Entitlements Act. (2) The member of the Commission who held office as Chairman of the Commission immediately before the commencing date shall, subject to the Veterans’ Entitlements Act, hold office as President of the Commission, but otherwise in accordance with his or her period of appointment as Chairman, as if the member had been appointed President of the Commission under subsection 183(1) of the Veterans’ Entitlements Act. (3) The member of the Commission who held office as Deputy Chairman of the Commission immediately before the commencing date shall, subject to the Veterans’ Entitlements Act, hold office as Deputy President of the Commission, but otherwise in accordance with his or her period of appointment as Deputy Chairman, as if the member had been appointed Deputy President of the Commission under subsection 183(1) of the Veterans’ Entitlements Act. (4) Where the person who held office under the Public Service Act 1922 as Secretary to the Department also held, immediately before the commencing date, the offices of a commissioner and Chairman of the Commission, subsection (2) of this section does not prevent the person continuing to hold the office of Secretary to the Department but section 184 of the Veterans’ Entitlements Act applies to and in relation to the person while he or she continues to hold both of those offices. (5) Where a person who held office as a commissioner immediately before the commencing date was, when appointed to be a commissioner, selected from a list submitted in accordance with subsection 8(2) of the Repatriation Act, the person shall be deemed, for the purposes of subsection 182(4) of the Veterans’ Entitlements Act, to be a person whose name was, when the person was appointed to be a commissioner, on a list submitted in accordance with a request made under subsection 182(3) of the Veterans’ Entitlements Act.