Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1951. No. 7.

REGULATIONS UNDER THE REPATRIATION ACT 1920-1950.*

I,THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920-1950.

Dated this  sixteenth

day of  February , 1951.

W.J. McKELL

Governor-General.

By His Excellency's Command,

Minister of State for Repatriation.

Amendments of the Australian Soldiers' Repatriation Regulations.  

Commencement

1.—(1.) Regulations 3 and 20 of these Regulations shall be deemed to have taken effect on the twenty-seventh day of June, 1950.

(2.) Subject to the next succeeding sub-regulation, regulations 4 to 14 (inclusive), sub regulation (1.) of regulation 15 and regulations 17 and 18 shall be deemed to have taken effect on the second day of November, 1950.

(3.) To the extent that—

( a ) the amendment of regulation 6 of the Australian Soldiers' Repatriation Regulations effected by regulation 4 of these Regulations affects the definitions of " child ", " dependant " and " member " in the regulation first mentioned in this paragraph ; and

( b ) the amendment of regulation 196 of the Australian Soldiers' Repatriation Regulations effected by regulation 19 of these Regulations affects the definition of " woman member " in the regulation first mentioned in this paragraph,

by the inclusion of references to members of the Forces within the meaning of Division 8 and Division 9, respectively, of Part III. of the Act, those amendments shall be deemed to have taken effect on the twenty-seventh day of June, 1950.

(4.) Regulation 16 of these Regulations shall be deemed to have taken effect on the date on which the Australian, Soldiers' Repatriation Act 1950 received the Royal Assent.

* Notified in the Commonwealth Gazette on  , 1951.

 Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48 ; 1946, Nos. 182 ; 1947, No. 72, 106, 149 and 169 ; 1948, Nos. 38, 43, 80, 135 and 137 ; and 1950, No. 96.

6056—PRICE 5D.  10/10.1.1951.

 

Citation.

2. Regulation 1 of the Australian Soldiers' Repatriation Regulations is amended by omitting the words " Australian Soldiers' ".

Parts.

3. Regulation 4 of the Australian 'Soldiers' Repatriation Regulations is amended by adding at the end thereof the words—

" Part XIII.--Extension of Application of Regulations to

certain Male Members of the Forces (Korea and

Malaya Operations). (Regulation 198.) ".

Interpretation.

4. Regulation 5 of the Australian Soldiers' Repatriation Regulations is amended—

(a)by omitting the definition of " child " and inserting in its stead the following definition :—

" ‘ child ' means the child, under the age of sixteen years, of a member, being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child, but not including any step-son, step-daughter or adopted child who became dependent on the member more than seven years after the termination of his service or any ex-nuptial child who was born more than nine months after the termination of his service; ";

(b) by adding at the end of the definition of " discharge " the words " and termination of service ";

(c) by omitting the definition of " member " and inserting in its stead the following definition :—

" ‘ member ' means a male person who

(a) was a member of the Permanent Naval, Military or Air Forces of the Commonwealth during the war ; or

(b) having enlisted as a member of the Citizen Forces, rendered continuous full-time service during the war, and whose service commenced prior to the first day of July, 1947, and includes a person to whom section 102 of the Act applies ; ";

(d) by omitting the definition of " the war " and inserting in its stead the following definition :—

" ‘ the war ' means the war which commenced on the third day of September, 1939, and includes any other war in which His Majesty became engaged after that date and before the third day of September, 1945 ; ";

(e)by inserting, after the definition of " war pension ", the following definition :—

" ‘ war service ' means the service, during the war, of a member ; ";

(f)by omitting the definition of " widow " and inserting in its stead the following definition :—

“ ‘ widow ' means the widow of a deceased member, and includes a person who is eligible for war pension under section 42 of the Act in respect of the death of a member ; ";

 

(g) by omitting the definition of " wife " and inserting in its stead the following definition:

" ' wife ' means the wife of a member, and includes a person who is eligible for war pension under section 42 of the Act in respect of the incapacity of a member."; and

(h) by inserting after sub-regulation (1.) the following sub-regulation :—

" (1A.) For the purposes of these Regulations—

(a) where any member to whom paragraph (d)of the proviso to sub-section (1.) of section 101 of the Act applies is still serving on the first day of July, 1951, the day immediately preceding that date shall be deemed to be the date of the termination of his service ; and

(b) where a member to whom paragraph (e) of that proviso applies was serving on the third day of January, 1949, the day immediately preceding that date shall be deemed to be the date of the termination of his service.".

Definitions

5. Regulation 6 of the Australian Soldiers' Repatriation Regulations is amended—

(a) by omitting the definitions of " child " and " dependant " and inserting in their stead the following definitions :—

" child ' means a person within the meaning of the definition of Child ' in section 23 of the Act, or a child of a member specified in—

(a) sub-paragraph (iii) of paragraph (b) of sub-section (2.) of section 99 of the Act ;

(b) sub-paragraph (ii) of paragraph (b) of sub-section (2.) of section 104 of the Act ;

(c) sub-paragraph (iii) of paragraph (b) of sub-section (2.) of section 107A of the Act; or

(d) sub-paragraph (ii) of paragraph (b) of sub-section (2.) of section 107E of the Act ;

" ‘ dependant ' means a person within the meaning of the definition of ‘ Dependants ' in section 23 of the Act, or a dependant specified in—

(a) paragraph (b) of sub-section (2.) of section 99 of the Act ;

 (b) paragraph (b) of sub-section (2.) of section 104 of the Act ;

(c) paragraph (b) of sub-section (2.) of section 107A of the Act ;or

(d) paragraph (b) of sub-section (2.) of section 107E of the Act,

 

and includes a person to whom a pension is payable under—

(e) sub-section (3.) of section 37, section 46, or those provisions as extended by section 99, section 104, section 107A or section 107E of the Act ; or

(f) section 42 or section 44 of the Act; "; and

(b) byomitting from the definition of " member " the words " section 100 or 105 " and inserting in their stead the words " section 100, section 105 or section 107B ".

Rate of allotment in respect of members of the Naval Forces.

6. Regulation 29 of the Australian Soldiers' Repatriation Regulations is repealed.

Temporarily totally incapacitated member.

7. Regulation 31 of the Australian Soldiers' Repatriation Regulations is repealed.

Widowed Mother.

8. Regulation 32 of the Australian Soldiers' Repatriation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation :—

" (1.) A rate of pension may be assessed in accordance with the second item of Table A of the Third Schedule to the Act in the case of a widowed mother of a member who—

(a) was dependent upon the member prior to his enlistment or at any time during his service ;

(b) is resident in the Commonwealth or any Territory of the Commonwealth ; and

(c) would not be in receipt of an income from all sources (including the pension) exceeding per fortnight the amount prescribed by regulation 34A of these Regulations.".

Children of deceased members.

9. Regulation 33 of the Australian Soldiers' Repatriation Regulations is amended by omitting the words " paragraph (a) of the Third Schedule " and inserting in their stead the words " Table A of the Third Schedule".

Parent of deceased unmarried member.

10. Regulation 34 of the Australian Soldiers' Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words " Subject to the second provision to the fourth item of paragraph (a) of the Third Schedule to the Act, a rate of pension may be assessed in accordance with the first proviso to that item " and inserting in their stead the words "Subject to paragraphs (c) and (d)of the fourth item of Table A of the Third Schedule to the Act, a rate of pension may be assessed in accordance with paragraph (b)of that item " ; and

(b) by adding at the end thereof the following sub-regulation :—

" (3.) Where a rate of pension has been assessed in pursuance of this regulation as payable to a mother or to a step-mother (other than a widowed step-mother) and her husband dies subsequently, the pension shall continue to be so assessed unless upon his death she is eligible for pension under regulation 32 of these Regulations.".

 

11. After regulation 34 of the Australian Soldiers' Repatriation Regulations the following regulation is inserted :—

Aged parent

" 34AA. Subject to paragraphs (c) and (d) of the fourth_ item of. Table A of the Third Schedule to the Act, a rate of pension may be assessed in accordance with paragraph (b) of that item in the case of a parent of a deceased member who

(a) has attained the age of—

 (i) in the case of a man—sixty-five years ; or

(ii) in the case of a woman sixty years ;

(b) is resident in the Commonwealth or any Territory of the Commonwealth ; and

(c) would not be in receipt of an income from all sources (including the pension) exceeding per fortnight the amount prescribed by regulation 34A of these Regulations.".

Standard allowed income in the ease of widowed mother, parent of deceased unmarried member and aged parent

12. Regulation 34A of the Australian Soldiers' Repatriation Regulations is amended by omitting the words " and in paragraph (iii) of sub-regulation (1.) of regulation 34 " and inserting in their stead the words ", in paragraph (iii) of sub-regulation (1.) of regulation 34 and in paragraph (c) of regulation 34AA ".

Sustenance allowance while undergoing medical treatment, &c.

13. Regulation 71 of the Australian Soldiers' Repatriation Regulations is amended by omitting from sub-regulation (1.) the table and inserting in its stead the following table :—

In respect of—	Fortnightly Amount
£	s.	d.
The member ....................................................................................	7	0	0
The wife of the member ...................................................................	3	1	0
Each child of the member  ................................................................	1	3	0

Members who served in other than Australian Forces passage to Australia.

14. Regulation 96 of the Australian Soldiers' Repatriation Regulations is amended by omitting the words and member of the class specified in paragraph (d) of the definition of ‘ member ' in regulation 5 of these Regulations " and inserting in their stead the words " a member, being a person to whom section 102 of the Act applies,".

15.—(1.) Regulation 176D the Australian Soldiers' Repatriation Regulations is repealed and the following regulation inserted in its stead :—

Allowance to certain widows.

" 176D. Subject to such conditions as the Commission determines, an allowance at the rate of one pound per fortnight may be paid to—

(a) a widow who has attained the age of fifty years ; or

(b) a widow with. a child or children in respect of any period for which the child or any of the children is under the age of sixteen years and—

(i) she has the care and custody of the child or children ; or

 

(ii) in the opinion of the Commission, the circumstances of any arrangement that she has made for the care and custody of the child or children warrant payment of the allowance.".

(2.) In respect of any period after and including the second day of November, 1950, during which an allowance purports to have been paid to a person under paragraph (a)of the regulation repealed by sub-regulation (1.) of this regulation, the rate of allowance payable under the Australian Soldiers' Repatriation Regulations, as amended by sub-regulation (1.) of this regulation, to that person shall not exceed the difference between the rate paid under the repealed regulation and the maximum rate payable under those Regulations as so amended.

(3.) Notwithstanding the repeal effected by sub-regulation (1.) of this regulation, any amount paid in a particular case under paragraph (b) or 'paragraph (c) of the repealed regulation in respect of any period after and including the second day of November, 1950, to the time of payment of an increased rate of pension prescribed in respect of that case by the Australian Soldiers' Repatriation Act 1950 shall be deemed to be a valid payment.

16. Regulations 184A and 184n of the Australian Soldiers' Repatriation Regulations are repealed and the following regulation is inserted in their stead :—

Contributions.

" 184a.—(1.) Except as provided by the next succeeding sub-regulation, all moneys received by the Commission in pursuance of section 114 of the Act shall be deposited in the Commonwealth Bank of Australia and be credited to such account as the Commission determines.

“ (2.) Acontribution of money for a particular purpose shall be credited to a special account in the Commonwealth Bank of Australia until it is applied by the Commission in accordance with sub-section (2.) of section 114 of the Act.".

Extension of certain provisions to 1914-1918 members (general service)

17. Regulation 193 of the Australian Soldiers' Repatriation Regulations is amended —

(a) by omitting from paragraph (b)of sub-regulation (2.) the words " who was married to him before the first day of July, 1938 " ;

(b) by omitting from paragraph (c)of that sub-regulation the word " and " ; and

(c) by omitting paragraph (d)of that sub-regulation and inserting in its stead the following paragraphs :—

" (d)except as provided in the next succeeding paragraph, any reference to a child shall be read as a reference to any dependant under the age of sixteen years, being a son, daughter, step-son, step-daughter, adopted son or adopted daughter of a 1914-1918 member (general service), including an ex-nuptial child, but not including any step-son, step-daughter or adopted child who became a dependant after the first day of July, 1931 ; and

 

(e)the reference in the definition of ` eligible child ' in regulation 85 of these Regulations to a child as defined in regulation 5 of these Regulations shall be read as a reference to a child as defined in this regulation.".

Allowance to certain incapacitated 1914-1918 members.

18. Regulation 195 of the Australian Soldiers' Repatriation Regulations is repealed.

Extension of certain Provisions to women members of the forces.

19. Regulation 196 of the Australian Soldiers' Repatriation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following Regulations :—

“ (1.) In this regulation ' woman member ' means —

(a) a member of the Forces within the meaning of section 105 of the Act ;

(b) a person within the class of persons specified in paragraph (d)of sub-section (3.) of section 108 of the Act ;

(c)a member of the Forces within the meaning of Division 9 of Part III. of the Act ; or

(d) a person to whom section 107g of the Act applies.".

20. The Australian Soldiers' Repatriation Regulations are amended by inserting, after Part XII., the following Part :—

" Part XIII Extension of Application of Regulations to certain Male Members of the Forces (Korea and Malaya Operations).

Extension of Certain provisions to Korea and Malaya members.

" 198. (1.) In this regulation, ' member ' means—

(a) a member of the Forces within the meaning of Division 8 of Part III. of the Act ; or

 (b) a person to whom section 107d of the Act applies.

" (2.) The provisions of Parts III. to XI. (inclusive), except regulations 76a, 78, 79 and 95 of these Regulations, shall, subject to this regulation, apply to and in relation to members within the meaning of this regulation, and for the purposes of those provisions in their extended application—

(a) any reference to a member shall be read as a reference to a member within the meaning of this regulation ;

(b) any reference to a dependant shall, subject to the next succeeding sub-regulation, be read as a reference to a dependant within the meaning of paragraph (b)of sub-section (2.) of section 107a of the Act.

" (3.) For the purposes of the extended application of Part VII. of these Regulations, the reference in the definition of 'eligible child' in regulation 85 of these Regulations to a child as defined in regulation 5 of these Regulations shall be read as a reference to a child within the meaning of sub-paragraph (iii) of paragraph (b) of sub-section (2.) of section 107a of the Act.".

By Authority : l. f. Johnston, Commonwealth Government Printer, Canberra.