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s 45

Notice to be given of certain events affecting pensions

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Part IVMiscellaneous transitional provisions

45 Notice to be given of certain events affecting pensions

(1)

Where a person was, immediately before the commencing date, required by section 40AA of the Repatriation Act to notify the Secretary of the occurrence of an event in respect of another person, that section continues, notwithstanding the repeals effected by subsection 3(1) of the Veterans’ Entitlements Act, to apply to and in relation to those persons until a notice is served on that first—mentioned person under section 54 or section 127 of the Veterans’ Entitlements Act.

(2)

Section 96 of the Repatriation Act continues, notwithstanding the repeals effected by subsection 3(1) of the Veterans’ Entitlements Act, to apply to and in relation to a person who was in receipt of a service pension under Division 5 of Part III of the Repatriation Act immediately before the commencing date until a notice is served on that person under section 54 or section 127 of the Veterans’ Entitlements Act.

(3)

Sections 56, 56A and 56B and subsections 124(4) and (5) of the Veterans’ Entitlements Act apply to a person who is in receipt of a pension under Part II, III or IV of that Act under that Act, until a notice is served on the person under section 54 or 54 or section 127 of that Act:

(a)

as if a reference in those subsections to the notification of the occurrence of an event or change of circumstances in accordance with a notice under section 54 or subsection 127(1) of that Act were read as a reference to the notification of the occurrence of an event or change of circumstances in accordance with the provisions of section 40AA or 96, or of subsection 98A (8), (9) or (10), of the Repatriation Act, whichever is applicable by virtue of subsections (1), (2), (4) and (5) of this section; and

(b)

a reference in sections 56, 56A and 56B and in subsection 124(4) and (5) of the Veterans’ Entitlements Act to the time within which such a notification is to be made shall be read as a reference to the time within which notification of the occurrence of the event or change of circumstances is required to be made by whichever of the provisions referred to in paragraph (a) of this subsection is so applicable.

(4)

Subsections 98A(8), (9) and (10) of the Repatriation Act apply, notwithstanding the repeals effected by subsection 3(1) of the Veterans’ Entitlements Act, to and in relation to a person who was in receipt of an allowance under section 98A of the Repatriation Act immediately before the commencing date, and to and in relation to the husband or wife of such a person, until a notice is served on that person under section 54 or section 127 of the Veterans’ Entitlements Act.

(5)

After the commencement of this section:

(a)

section 96 of the Repatriation Act applies by virtue of subsection (2) of this section; and

(b)

subsections 98A(8), (9) and (10) of the Repatriation Act apply by virtue of subsection (4) of this section;

as if a reference in that section or those subsections to an allowance under section 98A of the Repatriation Act were read as a reference to a service pension, the rate of which has been increased by an amount for rent assistance under Part III of the Veterans’ Entitlements Act.

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Section 45 — Notice to be given of certain events affecting pensions — Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (Commonwealth) — Barrister AI