Maternity Allowance Act 1944 (Cth)

MATERNITY ALLOWANCE.

 

No. 12 of 1944.

An Act to amend the Maternity Allowance Act 1912–1943.

[Assented to 5th April, 1944.]

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 Maternity Allowance Act 1944.

(2.) The Maternity Allowance Act 1912–1943 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Maternity Allowance Act 1912–1944.

Commencement.

2.This Act shall come into operation on the day on which it receives the Royal Assent and the Principal Act, as amended by this Act, shall apply in respect of births occurring on or after that date.

Definitions.

3. Section two a of the Principal Act is amended—

(a) by inserting before the definition of “other children” the following definition:—

“‘birth’ includes a birth at which more than one child is born;”; and

 

(b) by omitting from the definition of “other children” the word “fourteen” and inserting in its stead the word “sixteen”.

Maternity allowance.

4.Section four of the Principal Act is amended by inserting after sub-section (2.) the following sub-section:—

“(2a.) Where two or three children are born at one birth, the amount payable in respect of each of the four, weeks immediately before, and in respect of each of the four weeks immediately after, the birth shall be increased—

(a)where two children are born at one birth—by Twelve shillings and sixpence per week; and

(b) where three children are born at one birth—by Twenty-five shillings per week.”.

5.Section five of the Principal Act is repealed and the following section inserted in its stead:—

Cases in which allowance payable.

“5.—(1.) A maternity allowance shall be payable in respect of each occasion on which a birth occurs and—

(a) a child is born alive and—

(i) lives for not less than twelve hours; or

(ii) lives for less than twelve hours but is a viable child; or

(b) a child is not born alive but is a viable child.

“(2.) Where more than one child is born at a birth, only one allowance shall be payable.

“(3.) A maternity allowance shall not be increased in the manner provided by sub-section (2a.) of the last preceding section by reason of the birth of any child unless that child—

(a) was born alive and—

(i) lived for not less than twelve hours; or

(ii) lived for less than twelve hours but was a viable child; or

(b) was not born alive but was a viable child.

“(4.) Subject to the next succeeding sub-section, where a child dies within twelve hours after birth or is not born alive, a maternity allowance shall not be payable, or be increased, as the case may be, in respect of the birth of that child, unless a medical certificate is furnished certifying that the child was a viable child.

“(5.) Where the Commissioner is satisfied that no medical practitioner was available to attend the mother and is satisfied by evidence that the child lived for not less than twelve hours or was a viable child, he may dispense with any medical certificate required by the last preceding sub-section.”.

 

Time of payment.

6. Section seven a of the Principal Act is amended by omitting the words “of the child” (wherever occurring).

Payment of allowances to aboriginal natives, &c.

7. Section nine a of the Principal Act is amended—

(a) by inserting after the word “Australia “the words” or to any other person (whether of aboriginal blood or otherwise) who resides on an aboriginal station, reserve or settlement”; and

(b