Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1995 NO. 343

STATUTORY RULES 1995 No. 343

Issued by the Authority of the Attorney-General

Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Regulations (Amendment)

Subsection 70(1) of the Administrative Appeals Tribunal Act 1975 empowers the GovernorGeneral to make regulations for the purposes of the Act.

The purpose of the amendment to the Administrative Appeals Tribunal Regulations is to repeal the reference made to the Seamen's War Pensions and Allowances Act 1940 in Regulation 5A.

As a consequence of the Government's decision to integrate Australian mariners with veterans under the Veterans' Entitlements Act 1986, the Seamen's War Pensions and Allowances Act 1940 was repealed by the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994.

Regulation 5A of the Administrative Appeals Tribunal Regulations provides that an application made under section 175 of the Veterans' Entitlements Act 1986 or section 39 of the Seamen's War Pensions and Allowances Act 1940 or a matter remitted to the Administrative Appeals Tribunal by virtue of section 59 of the Repatriation Legislation Amendment Act 1984 under subsection 107VZZH(5) of the Repatriation Act 1920, shall be dealt with in the Veterans' Appeals Division of the Tribunal. Proposed Regulation 2 would amend Regulation 5A to reflect the effect of section 60 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 which deemed an unfinalised application for a review of a pension, allowance or benefit decision made under the repealed legislation to be a similar application for review made under the Veterans' Entitlements Act 1986.

Proposed Regulation 2 will also remove the reference to the Seamen's War Pensions and Allowances Act 1940 in Regulation 5A.

Proposed Regulation 3 would amend Schedule 3 of the Administrative Appeals Tribunal Regulations to remove the reference to the Seamen's War Pensions and Allowances Act 1940 in Item 1 and to incorporate the effect of section 60 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 which preserved any unfinalised reviews before the Administrative Appeals Tribunal.