MATERNITY ALLOWANCE.
No. 8 of 1912.
An Act to provide for Payment of Maternity Allowances.
[Assented to 10th October, 1912.]
Preamble.
BE it enacted by the King’s Most Excellent
Majesty, the Senate, and the House of Representatives of the Commonwealth of
Australia, for the purpose of appropriating the grant originated in the House
of Representatives as follows:—
Short title.
1. This Act may be cited as the Maternity Allowance Act 1912.
Commencement.
2. This Act shall commence on a day to be fixed
by proclamation
Administration.
3.—(1.) There
shall be a Commissioner of Maternity Allowances, who shall, subject to the
control of the Minister, be charged with the execution of this Act.
(2.) An Assistant Commissioner and Deputy Commissioners
may be appointed, who shall have such powers and functions as are assigned to
them by the Commissioner or are prescribed by the regulations.
(3.) Every assignment of any power or function by
the Commissioner under this section shall be revocable at will, and no such
assignment shall prevent the exercise by the Commissioner of any power or
function.
Grant of maternity
allowance.
4.Subject to this
Act, there shall be payable out of the Consolidated Revenue Fund, which is
hereby appropriated accordingly, a maternity allowance of Five pounds to every
woman who, after the commencement of this Act, gives birth to a child, either
in Australia or on board a ship proceeding from one port in the Commonwealth or
a Territory of the Commonwealth to another port in the Commonwealth or a
Territory of the Commonwealth.
Cases in which allowance
payable.
5.—(1.) A
maternity allowance shall be payable in respect of each occasion on which a
birth occurs, and the child is born alive, or is a viable child, but only one
allowance shall be payable in cases where more than one child is born at one
birth.
(2.) Where the child is not born alive, or dies
within twelve hours after birth, a medical certificate must be furnished
certifying that the child was a viable child.
(3.) Where the Commissioner is satisfied that no
medical practitioner was available to attend the case, and he is satisfied by
evidence that the child born was born alive, or was a viable child, he may
dispense with any medical certificates required by this section.
Who may be claimants.
6.—(1.) The
maternity allowance shall be payable only to women who are inhabitants of the
Commonwealth or who intend to settle therein.
(2.) Women who are Asiatics, or are aboriginal
natives of Australia, Papua, or the islands of the Pacific, shall not be paid a
maternity allowance.
Time within which claims to
be made.
7.A maternity allowance shall
not be paid in respect of any birth unless a claim for payment of the allowance
has been made to the proper officer within three months after the date of the
birth.
Method of payment.
8.—(1.) Notwithstanding
anything contained in the Audit Act 1901-1909
or any other Act, payment of a maternity allowance may be made by forwarding by
post a money order to the person to whom the payment is to be made or to a
person appointed by her in writing to receive it, and in either case it shall
not be necessary for the claimant or other person to send a receipt for the
payment to the Commissioner.
(2.) Where payment of a maternity allowance has
been made in the manner provided by sub-section (1.) of this section the
Commonwealth shall not be liable to any action claim or demand for any further
payment in respect of the allowance.
To whom payable on death of
mother.
9.In the case of the death of
the mother the Commissioner may pay any sum payable to her by way of maternity
allowance to the person who, in his opinion, is best entitled to receive it.
Offences against Act.
10. Any person who—
(a) obtains any maternity allowance which is not payable;
(b)obtains payment of any maternity allowance by means of any false or
misleading statement; or
(c) makes or presents to the Commissioner
or to any officer doing duty in relation to this Act or the regulations, any
statement or document which is false in any particular,
shall be guilty of an offence.
Penalty: One hundred pounds
or imprisonment for one year.
Aiding and abetting offences.
11.Any person who aids, abets, counsels, or
procures the commission of any offence against this Act, or who, by act or
omission, is in any way directly or indirectly knowingly concerned in the
commission of any offence against this Act, shall be deemed to have committed
that offence and shall be punishable accordingly.
Regulations.
12.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 are necessary or convenient to be
prescribed for carrying out or giving effect to this Act and in particular for
prescribing—
(a) the powers and duties of the Commissioner and other officers; and
(b)