Australian Soldiers' Repatriation Act 1941 (Cth)

AUSTRALIAN SOLDIERS’ REPATRIATION.

No. 49 of 1941.

An Act to amend the Australian Soldiers’ Repatriation Act 1920–1940.

[Assented to 3rd December, 1941.]

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 1941.

(2.) The Australian Soldiers’ Repatriation Act 1920–1940 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920–1941.

Commencement.

2.This Act, except sections three, four, five and six, shall come into operation on the day on which it receives the Royal Assent, and sections three, four, five and six of this Act shall come into operation on the eighteenth day of December, One thousand nine hundred and forty-one.

 

Grant of service pensions.

3. Section forty-five ad of the Principal Act is amended by omitting the word “Forty-two” and inserting in its stead the word “Forty-seven”.

Service pension in respect of a member permanently unemployable or suffering from pulmonary tuberculosis.

4. Section forty-five ae of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word “Forty-two” and inserting in its stead the word “Forty-seven” ; and

(b) by omitting from that sub-section the word “Thirty-six” (first occurring) and inserting in its stead the word “Forty-six”.

Reduction of service pension where pensioner has accumulated property. Limit of pension where pensioner in an institution.

5. Section forty-five ah is amended by omitting sub-section (2.).

6. Section forty-five ao of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “institution”, the words “, and is maintained therein at the public expense”;

(b) by omitting from that sub-section the words “fifteen shillings per fortnight” and inserting in their stead the words “the rate of pension payable under the Invalid and Old-age Pensions Act 1908-1941 to a pensioner who is an inmate of a hospital or benevolent asylum”; and

(c) by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—

“(b) where a service pensioner becomes such an inmate— on the twenty-ninth day after the date on which he became such an inmate.”.

7.—(1.) After section fifty-seven of the Principal Act, the following section is inserted:—

Service pensions for South African Veterans.

“57aa. The provisions of this Act in so far as they relate to service pensions shall, in like manner as they extend to or in relation to a member of the Forces, extend to, and in relation to, any person who, during the war in South Africa which commenced on the eleventh day of October, One thousand eight hundred and ninety-nine, was—

(a) a member of any Naval or Military Force or contingent raised in Australia for active service in that war; or

(b) a member of the Naval or Military Forces of any part of the King’s dominions outside Australia, and—

(i) was engaged on active service in South Africa; and

(ii) proves to the satisfaction of the Commission that he was resident in Australia within the period of twelve months immediately prior to being enlisted or appointed for such service.”.

(2.) This section shall be deemed to have come into operation on the first day of November, One thousand nine hundred and forty-one.

 

Regulations.

8.—(1.) Section sixty of the Principal Act is amended—

(a) by inserting after paragraph (b) the following paragraph:—

“(ba) to the children of deceased or incapacitated Australian soldiers for the purposes of their education or training for any profession, trade or other calling;”;

(b) by omitting from sub-paragraph (vi) of paragraph (d) the word “and”; and

(c) by adding at the end thereof the following paragraphs:—

“(f) by way of medical treatment to persons specified in paragraphs (a) and (b) of section fifty-seven aa of this Act who are suffering from pulmonary tuberculosis; and

(g) by way of funeral expenses in respect of—

(i) members of the Forces within the meaning of sections twenty-two and forty-five at of this Act; and

(ii) persons specified in paragraphs (a) and (b) of section fifty-seven aa of this Act.”.

(2.) This section, except to the extent to which it inserts paragraph (f) in section sixty of the Principal Act, shall be deemed to have come into operation on the first day of July, One thousand nine hundred and forty-one, and, to the extent to which it inserts paragraph (f