Australian Soldiers' Repatriation Act 1921 (Cth)

 

AUSTRALIAN SOLDIERS’ REPATRIATION.

 

No. 34 of 1921.

An Act to amend section twenty-three of the Australian Soldiers’ Repatriation Act 1920.

[Assented to 17th December, 1921.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Soldiers’ Repatriation Act 1921.

(2.) The Australian Soldiers’ Repatriation Act 1920 as amended by this Act may be cited as the Australian Soldiers’ Repatriation Act 1920-1921.

War service a contributory cause of death or incapacity.

2. Section twenty-three of the Australian Soldiers’ Repatriation Act 1920 is amended by adding at the end thereof the following sub-section:—

“(2.) Notwithstanding that the origin of the cause of the death or incapacity of a member of the Forces, who, after enlistment with those Forces, served in camp in Australia for at least six months or embarked for active service with those Forces overseas, existed prior to his enlistment, where, in the opinion of a Board—

(a) the conditions of his war service contributed to any material degree to the death or incapacity of the member; and

(b) neither the death or incapacity, nor the origin of the cause of the death or incapacity, was due to the default or wilful act of the member,

the Commonwealth shall, subject to this Act, be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with this Act:

Provided that no pension shall be payable under this sub-section except in pursuance of a claim made within six months after the commencement of this sub-section.”