54Trusts in respect of pensions and allowances

54 Trusts in respect of pensions and allowances

(1) Where, immediately before the commencing date: (a) payment of a pension or allowance under a repealed Act was being made to a person other than the pensioner by virtue of an authorisation under regulation 9 of the Repatriation Regulations; (b) a person was exercising the powers of trustee in respect of a pension or allowance payable under a repealed Act by virtue of an appointment under that regulation; or (c) the Commission was exercising the powers of trustee in respect of a pension or allowance payable under a repealed Act by virtue of having assumed the office of trustee under that regulation otherwise than under that regulation in its application by virtue of subsection 3 (2), (3), (4) or (5) of the Repatriation Amendment Act 1982; on and after that date, payment of that pension or allowance shall continue to be made to that person, and that person or the Commission shall continue to exercise the powers of trustee in respect of that pension or allowance, as the case may be, as if the authorisation, appointment or assumption of office had been effected under section 202 of the Veterans’ Entitlements Act, and all moneys and investments held by the person or Commission as trustee immediately before the commencing date shall continue to be held by that person or the Commission as trustee and to be so held upon the trusts set out in section 202 of the Veterans’ Entitlements Act. (3) In this section, a reference to regulation 9 of the Repatriation Regulations shall be read as including: (a) a reference to that regulation in its application by virtue of subsection 3(3) of this Act; (b) a reference to regulation 8 of the Repatriation (Far East Strategic Reserve) Regulations; and (c) a reference to regulation 8 of the Repatriation (Special Overseas Service) Regulations.