Interim Forces Benefits Act 1947 (Cth)

INTERIM FORCES BENEFITS ACT 1947 [Note: This Act is "repealed" by Act No. 27 of 1986]
(#DATE 31:08:1980)

- Incorporating all amendments by legislation made to 31 August 1980

- Reprinted as at 31 August 1980
*1* The Interim Forces Benefits Act 1947 (a) as shown in this reprint comprises
Act No. 46, 1947 as amended by the other Acts specified in the following table:
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
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Interim Forces
Benefits Act 1947 46, 1947 12 June 1947 12 June 1947
Interim Forces
Benefits Act 1950 79, 1950 16 Dec 1950 12 June 1947 -
Interim Forces
Benefits Act 1964 106, 1964 20 Nov 1964 6 Aug 1965 (see
Gazette 1965, p.
3401) -
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -
Interim Forces
Benefits Act 1973 5, 1973 16 Mar 1973 16 Mar 1973 -
Repatriation Acts
Amendment Act 1974 90, 1974 31 Oct 1974 31 Oct 1974 S. 34 (2)
Repatriation Acts
Amendment Act 1979 18, 1979 28 Mar 1979 1 July 1979 -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

Sub-section 113 (4)
Penalty: One thousand dollars.

INTERIM FORCES BENEFITS ACT 1947 - TABLE OF PROVISIONS 
TABLE

                             TABLE OF PROVISIONS
Section

  1.        Short title

  2.        Commencement

  3.        Interpretation

  4.        Benefits of members of the Forces

  5.        Leave on discharge

  6.        War pensions for male members of the Interim Forces

  7.        War pensions for female members of the Interim Forces

  7AA.      Application of Parts IIIA, IIIB and IIIC of the Repatriation Act

  7A.       Application of section 120C of Repatriation Act

  8.        Legal assistance

  8A.       Appropriation for pensions, &c.

  9.        Regulations

                               -----------------

INTERIM FORCES BENEFITS ACT 1947 - LONG TITLE 
SECT

An Act to provide certain Benefits for members of the Interim Forces by reason
of their service with such Forces, and for other purposes

INTERIM FORCES BENEFITS ACT 1947 - SECT. 1. 
Short title 
SECT

  1. This Act may be cited as the Interim Forces Benefits Act 1947.*1*


See notes to first article of this Chapter.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 2. 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*


See notes to first article of this Chapter.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 3. 
Interpretation 

Amended by No. 79, 1950, s. 3; No. 18, 1979, s. 28
SECT

  3. In this Act, unless the contrary intention appears-



   "discharge"  includes termination of appointment;



   "member of the Interim Forces"  means a person who, after the thirtieth day
of June, One thousand nine hundred and forty-seven, and prior to a date fixed
by the Minister by notice in the Gazette,*2* enlists or re-engages in, or is
appointed or re-appointed to, the Naval, Military or Air Forces of the
Commonwealth for continuous service for a term not exceeding two years;



   "Repatriation Act"  means the Repatriation Act 1920.


*2* S. 3, definition of  "member of the Interim Forces "-The date fixed was 1

July 1949; see Gazette 1949, p. 1765.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 4. 
Benefits of members of the Forces 

Amended by No. 79, 1950, s. 4
SECT

  4. In addition to the rights derived by members of the Naval, Military or
Air Forces of the Commonwealth, who enlist or re-engage in, or are appointed
or re-appointed to, those Forces after the thirtieth day of June, One thousand
nine hundred and forty-seven, as the conditions directly governing their
service in any of those Forces under any law regulating that service, the
benefits, advantages and assistance which shall accrue to, or in relation to,
those members by reason of their service after the date of that enlistment,
re-engagement, appointment or re-appointment, as the case may be, shall be
those which are provided for or in respect of those members by this Act and
the regulations made under this Act and shall be no others.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 5. 
Leave on discharge 
SECT

  5. (1) A member of the Interim Forces shall, immediately prior to his
discharge, unless his discharge is, in the opinion of the prescribed
authority, other than an honorable discharge, be entitled to leave of
absence-



  (a)  where the member has been engaged in those Forces for a period of not
less than six months-for a period of thirty days; and



  (b)  in any other case-for a period of fifteen days.


  (2) Leave under this section in respect of service as a member of the
Interim Forces shall, subject to the next succeeding sub-section, be
calculated independently of any prior period of service with the Naval,
Military or Air Forces of the Commonwealth commenced before the first day of
July, One thousand nine hundred and forty-seven.


  (3) Where the service of a member of the Interim Forces is continuous with a
prior period of service with the Naval, Military or Air Forces of the
Commonwealth commenced before the first day of July, One thousand nine hundred
and forty-seven, one period of leave may be granted under this section in
respect of the sum of both periods of service, and the right to leave provided
by this sub-section in respect of any period of service shall be in
substitution for any right to leave in respect of that period under any other
Act.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 6. 
War pensions for male members of the Interim Forces 

Sub-section (1) amended by No. 18, 1979, ss. 29 and 32
SECT

  6. (1) Subject to the provisions of this section, the provisions of Division
1 (other than section twenty-four) of Part III of the Repatriation Act, of
sections one hundred and one and one hundred and three of that Act and of the
Schedules to that Act, shall extend to, and in relation to, male members of
the Interim Forces and to the dependants of such members.


Amended by No. 18, 1979, ss. 29 and 32

SECT

  (2) For the purposes of the extension of the provisions of Division 1 of
Part III of the Repatriation Act and of sections one hundred and one and one
hundred and three of, and of the Schedules to, that Act as provided in the
last preceding sub-section-



  (a)  any reference to a member of the Forces shall be read as a reference to
a male member of the Interim Forces;



  (b)  any reference in that Division or those sections or Schedules or in any
Act affecting that Division or those sections or Schedules, to dependants
shall, except where otherwise expressly provided, be read in the same manner
as is provided in paragraph (b) of sub-section (2) of section ninety-nine of
the Repatriation Act;



  (c)  paragraph (a) of sub-section (1) of section one hundred and one of that
Act shall be read as if the words  "service outside Australia"  were
substituted for the words  "active service"  and as if the words  "or the
termination of the war whichever first happens"  were inserted after the word
"enlistment" (second occurring);



  (d)  paragraph (d) of the proviso to sub-section (1) of section one hundred
and one of that Act shall be deemed to be omitted;



  (e)  sub-section (2) of section one hundred and one of that Act shall be
read as if the words  "service outside Australia"  were substituted for the
words "active service "; and



  (f)  sub-section (4) of section one hundred and one of that Act shall be
deemed to be omitted.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 7. 
War pensions for female members of the Interim Forces 

Sub-section (1) amended by No. 18, 1979, ss. 30 and 32
SECT

  7. (1) Subject to the provisions of this section the provisions of Division
1 (other than section twenty-four) of Part III of the Repatriation Act,
sections one hundred and one, one hundred and three and one hundred and six
of, and of the Schedules to that Act, shall extend to and in relation to,
female members of the Interim Forces and to the dependants of such members.


Amended by No. 18, 1979, ss. 30 and 32

SECT

  (2) For the purposes of the extension of the provisions of Division 1 of
Part III of the Repatriation Act, of sections one hundred and one, one hundred
and three and one hundred and six of, and of the Schedules to, that Act as
provided in the last preceding sub-section-



  (a)  any reference to a member of the Forces shall be read as a reference to
a female member of the Interim Forces;



  (b)  any reference in that Division or those sections or Schedules or in any
Act affecting that Division or those sections or Schedules, to dependants
shall, except where otherwise expressly provided, be read in the same manner
as is provided in paragraph (b) of sub-section (2) of section one hundred and
four of the Repatriation Act;



  (c)  paragraph (a) of sub-section (1) of section one hundred and one of that
Act shall be read as if the words  "service outside Australia"  were
substituted for the words  "active service"  and the words  "or the
termination of the war whichever first happens"  were inserted after the word
"enlistment"  (second occurring);



  (d)  paragraph (d) of the proviso to sub-section (1) of section one hundred
and one of that Act shall be deemed to be omitted;



  (e)  sub-section (2) of section one hundred and one of that Act shall be
read as if the words  "service outside Australia"  were substituted for the
words "active service "; and



  (f)  sub-section (4) of section one hundred and one of that Act shall be
deemed to be omitted.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 7AA. 
Application of Parts IIIA, IIIB and IIIC of the Repatriation Act 

Inserted by No. 18, 1979, s. 31
SECT

  7AA. Subject to this Act, the provisions of Parts IIIA, IIIB and IIIC of the
Repatriation Act extend to and in relation to-



  (a)  members of the Interim Forces within the meaning of this Act; and



  (b)  the dependants of those members,



and, in the application by virtue of this section of those provisions-



  (c)  a reference to a member of the Forces shall be read as a reference to a
member of the Interim Forces within the meaning of this Act;



  (d)  a reference to war service shall be read as a reference to service of a
kind referred to in paragraph (a) of sub-section (1) of section 101 of the
Repatriation Act in its application by virtue of paragraph (c) of sub-section
(2) of section 6, or paragraph (c) of sub-section (2) of section 7, of this
Act; and



  (e)  a reference to the Repatriation Act shall be read as a reference to
this Act and the Repatriation Act in its application by virtue of this Act.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 7A. 
Application of section 120C of Repatriation Act 

Inserted by No. 5, 1973, s. 3; amended by No. 18, 1979, s. 32
SECT

  7A. Section 120C of the Repatriation Act applies in relation to a pension,
allowance or other benefit under this Act or the regulations as if it were a
pension, allowance or other benefit under that Act.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 8. 
Legal assistance 
SECT

  8. The legal service bureaux established by the Attorney-General for the
purpose of furnishing legal advice to members of the Forces, discharged
members of the Forces and the dependants of such members and discharged
members, shall be available to members of the Naval, Military or Air Forces of
the Commonwealth who enlist or re-engage in, or are appointed or re-appointed
to, those Forces after the thirtieth day of June, One thousand nine hundred
and forty-seven, to discharged members who had so enlisted or re-engaged or
had been so appointed or re-appointed and to the dependants of such members
and discharged members.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 8A. 
Appropriation for pensions, &c. 

Inserted by No. 90, 1974, s. 34
SECT

  8A. There are payable out of the Consolidated Revenue Fund, which is
appropriated accordingly-



  (a)  pensions and other pecuniary benefits under the Repatriation Act
1920-1974 as extended by virtue of this Act; and



  (b)  allowances and other pecuniary benefits under the regulations the rate
or amount of which, or the maximum rate or amount of which, is fixed-



      (i)  by the regulations; or



     (ii)  by reference to a rate or amount fixed by regulations under the
Repatriation Act 1920-1974 or by reference to that Act.

INTERIM FORCES BENEFITS ACT 1947 - SECT. 9. 
Regulations 

Sub-section (1) amended by No. 93, 1966, s. 3
SECT

  9. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed for giving
effect to this Act and, in particular-



  (a)  for providing for the granting of assistance and benefits to members of
the Interim Forces and to the wives, widows and children of such members;



  (b)  for specifying the persons who shall, for the purposes of the
regulations, be deemed to be the wives, widows or children of such members;
and 



  (c)  for prescribing a penalty of a fine not exceeding Fifty dollars or of
imprisonment not exceeding three months for any offence against the
regulations.


Added by No. 106, 1964, s. 3

SECT

  (2) Subject to sub-section (4) of this section, where medical treatment is
provided to a person under the regulations-



  (a)  in circumstances in which the regulations provide for payment in
accordance with this sub-section; or



  (b)  in any case in which, before the treatment is provided, the Commission
or a delegate of the Commission, for special reasons, determines that payment
should be made in accordance with this sub-section and notifies the person
accordingly,



the person is liable to pay to the Commonwealth, as a debt due to the
Commonwealth, such reasonable charges in respect of the treatment as the
Commission or a delegate of the Commission notifies to him in writing.


Added by No. 106, 1964, s. 3

SECT

  (3) Regulations made in pursuance of paragraph (a) of the last preceding
sub-section may provide for payment in accordance with that sub-section in any
case in which-



  (a) a person (whether before, during or after the provision of the
treatment) recovers or receives; or



  (b)  the Commission or a delegate of the Commission (whether before, during
or after the provision of the treatment) notifies a person that the person is,
in the opinion of the Commission or the delegate, as the case may be, entitled
to recover or receive,



the whole or a part of the cost of the treatment, by way of damages or
compensation, from another person.


Substituted by No. 90, 1974, s. 35; amended by No. 18, 1979, s. 32

SECT

  (4) Sub-section (2) does not apply in relation to-



  (a)  medical treatment in respect of a condition giving rise to an
incapacity in respect of which Australia-



      (i)  is liable to pay pension under this Act to the person;



     (ii)  would be so liable if the incapacity were great enough to warrant a
pension assessment; or



     (iii)  would be so liable but for paragraph (c) of the proviso to
sub-section (1) of section 24, or paragraph (c) of the proviso to sub-section
(1) of section 101, of the Repatriation Act, as extended by this Act; or



  (b)  medical treatment for a member of the Interim Forces in respect of
malignant neoplasia.


Added by No. 106, 1964, s. 3

SECT

  (5) In this section-



   "medical treatment"  means any treatment with a view to restoring a person
to, or maintaining a person in, physical or mental health or alleviating
suffering, and includes-



     (a)  any accommodation, nursing care or transport in relation to such
treatment; and



     (b)  the supply, renewal and repair of artificial replacements and
surgical and other aids and appliances;



   "the Commission"  means the Repatriation Commission.


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