Old-age Pensions Act 1900 (NSW)
Act No. 74, 1900.
An Act to provide for Old-age Pensions, and for oi.t, aof, pensions,
purposes in furtherance of or consequent on
| the aforesaid object, | \ \ l th December, 1900.] |
T T T H E E E A S it is equitable that deserving persons wlio during the Preamble.
W prime of life have helped to bear the public burdens of the Colony by the payment of taxes, and by opening up its resources by their labour and skill, should receive from the Colony pensions in their old ag(‘: tte it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legisla tive Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
PART I.
| P r e l im in a r y . | ’ |
| Bhoyf | and definitions. |
1, This Act shall take effect on the first day of January, one siioit title,
thousand nine hundred and and one, and may be cited as the “ Old-age
Pensions Act, 1900.”
| 2. This Act is divided into the following P arts :— | Division of Act. |
PART I.—Preliminary—ss. 1-8.
| PART | II.— P e n s io n s — ss. | 9-3(5. |
| ' | PART | III.—P e n a l t ie s | a n d | m is c e l l a n e o u s | p r o v is io n s — -ss. | 37-52 . |
518 Act No. 74, 1900.
Old-age Pensio)is.
| Interpretation. | 3. In this Act, if not inconsistent with the context,— |
“ Income ” means any moneys, valuable consideration, or profits derived or received by any person for his own use or benefit in any year, by any means or from any source, and computed in accordance with the jjrovisions of this Act, iind includes personal earnings, but does not include any pension payable under this Act, nor any payment by way of sick allowance or funeral benefit from any registered friendly society.
‘ ‘ Income-year ’ ’ means the twelve months ending one month before the date on which the pension-claim is admitted, and at the same time in each subsequent year.
“ Prescribed ” means ])rescribed by this Act, or by regulations
tliereundcr.
“ The board ” means the.Old-age Pensions Board for the district.
| Net capital value | 4. The net capital value of accumulated property shall be com- |
| of accumulated |
| property. | juited and assessed in the prescribed manner, and for that purpose the following provisions shall apply:— |
| (a) | All real and personal property owned by any person shall, to the extent of his beneficial estate or interest therein, be deemed to be his accumulated property. |
| (b) | From the ca])ital value of such accumulated property there shall be deducted all charges or encumbrances lawfully existing on such ])roperty, and also the sum of fifty pounds; the residue then remaining shall be deemed to be the net capital value of all his accumulated property. |
| Income, how | 5. The following general rules shall apply in the computation |
| computed. | of income for all the purposes of this Act:— |
| (a) | Any moneys, valuable consideration, or profits derived or received from accumulated ])roperty as hereinbefore defined shall not be included in the computation of income. |
| ( h ) | Where any ])erson receives board or lodging, the reasonable (‘ost of such board or lodging, not exceeding twenty-six pounds in the year, shall be included in the computation of income. |
{(■) In the case of husband and wife, the income of each shall be deemed to be half the sum of the iucomes of both:
Provided that this rule shall not apply where they are
living apart pursuant to a decree, order, or deed of separation.
Districts and registrars.
| D. jtriots. | 6. | (1) For the purposes of this Act, the Governor may divide |
the Colony into such districts, with such names and boundaries as he
thinks fit, and alter such names and boundaries.
(2)
| Act No. 74, 1900. | 519 |
Old-age Pensions.
| (2) | If any such district is constituted by reference to t h e Alterations of |
boundaries of any otinu’ portion of tin' Colony, as defiiujd liy any jVct, proclamation, or notification, then any alteration in such boundaries shall take effect in respect of such district without any furtlnu- ]>roceed- ings, unless the Governor otherwise determines.
7. (1) The Governor may ai)))oint a central board of three persons, Central board,
who, subject to the conti'ol of the Colonial Treasurer, shall have the
general administration of this Act.
(2) The Governor may also ai)point a registrar for the central Registrar, .and
| board, and for every other district a deputy registrar and such other | ' |
| officers as he deems fit. |
(3) The said a]i])ointments shall be subject to the ])rovisions Application of
| of the Public Service Act of 1895 and any Acts amending the same. | ® | • |
(4) Subject to the ]irovisions of this .Act. the registrar aud Their powers and
every deputy registrar and other ofiicer ajipointed as aforesaid shall
have such powers and duti(‘s as the Governor determines.
| Thr Boards. | , |
| 8, (1) There shall for each district be a board of three [lersons appointed by the Governor, subjecd to the Public Service Act of 1895,̂ '̂’'̂ '̂ '̂ *" | ' |
| and any Acts annmding the same, and called the Old-age Pensions Board for the said district, and such board shall have the powers and duties conferred and imposed on the hoard by this Act or regulations made thereunder. |
Two members of any board shall be a (piorum.
(2) Each member of the board shall, before entering u])on the Declaration by
duties of his office, make and subsco'ihe a declaration in the form and in "i™iber3 of board,
the manner ]irescribed.
PART n.
P e n s io n s .
Prrso)is ndiih'd io (Uid (uiiouiif of peusioiis.
9. (1) Subject to th(‘ ])rovisions of this Act, evmy ])erson of the Persons entitled to
full age of si.\ty-five years or upwards shall, whilst in the Colony, he pensions,
entitled to a pension as hereinafter specified, if the following conditions
are fulfilled—
| (u) | that he is residing in the Colony on the date when he establishes his claim to the pension; |
{b) that he has so resided continuously for not less than twenty- five years immediately preceding such date:
Provided
520 Act No. 74, 1900.
Old-age Pensions.
Provided that continuous residence in the Colony shall not be deemed to have been interrupted by occasional absence therefrom, unless the total period of such absence exceeds two years; nor, in the case of a seaman, by absence therefrom whilst serving on board a vessel trading to and from the Colony, if he establishes the fact that during such absence his family or home was in the Colony:
Provided also that residence in an Australasian Colony, in which provision is made for granting old-age pensions, shall count as residence in this Colony, if—
(i.) the claimant has, during the ten years immediately preceding the date when he establishes his claim, continuously resided in this Colony, and
| , | (ii.) the Colonial Treasurer certifies to the board that pro vision has been made by agreement with the Govern ment of such other Colony as hereinafter mentioned. And for the purpose of carrying out the proviso, the Colonial Treasurer, on behalf of the Government of this Colony, may agree with the Government of any such other Colony for the payment by such other Government of any such pension in whole or in part, or for the granting by such other Colony of concessions to a like amount under the old-age pension law of that Colony to persons who have been resident in this Colony, |
| (c) | that during the period of twelve years immediately preceding such date he has not been imprisoned for four months, or on four occasions, for any offence punishable by imprisonment for twelve months or upwards; |
| (d) | that during the ])ei’iod of twenty-five years immediately pre ceding such date he has not been imprisoned for a term of five years, with or without hard labour; |
| (c) | that he has not at any time for a period of six months or up wards, if a husband, deserted his wife, or without just cause |
| . | failed to provide her with adequate means of maintenance, or neglected to maintain such of his children as were under the age of fourteen years; or, if a wife, deserted her husband or such of |
| ■ | liei- children as were under that age: |
Provided that, if the pension-certificate has issued, the pensioner’s rights thereunder shall not be affected by any dis qualification contained in this subsection unless the fact of siich disqualification is established to the satisfaction of the board;
| " | ................ | if) |
| Act No. 74, 1900. | 521 |
Old-age Pensions.
i f ) that lie is of good moral cliaracter, and is leading and lias for the five years immediately preceding such date led a sober and reputable life;
( g ) that his income does not amount to fifty-two pounds or upwards;
{h) that the net capital imlue of his accumulated property does not amount to three hundred and ninety pounds or upwards, coni- puted and assessed as hereinafter provided;
(i) that he has not directly or indirectly deprived himself of income
or property in order to qualify for a pension; and
O') that he is the holder of a pension-certificate as hereinafter pro
vided.
| (2) | A claim to a pension may be established and all steps No pension to |
may be taken to entitle the claimant to a pension at any time after the commencement of this Act, but no jiension shall commence until the first day of July, one thousand nine Imndred and one.
10. Where it is satisfactorily proved to the Board that any person Colonial Treasurer
of the full age of sixty years and upwards, and under the age of jJlTZsionsTo'Arsons
sixty-five years, is unable from physical unfitness to earn his own living, years and
and that such person if of the age of sixty-five years would be entitled pf^sILiiy unfit to
under this Act to a pension, a pension shall be payable to, and the pro- ca™ their living,
visions of this shall apply in respect of, such person.
Ill (1) Where a husband and wife are each entitled to a pension, Amount of pension
the amount of the pension payable to each shall, unless they are living amrwlfe* ̂
apart pursuant to a decree, order, or a deed of separation, be nineteen
pounds ten shillings per year, diminished—
| (a) | by one xiound for every complete pound of income of the hus band or wife, as the ease maj' be, above nineteen pounds ten shillings; and |
| (h) | where the husband or wife, as the ease may be, have any income, by one pound for every (‘omplete fifteen pounds of the net |
| ■ | ‘ | capital value of all accumulated j^roperty of such husband or wife computed and assessed under this Act. |
(2) In other eases the amount of the pension shall be twenty- in other cases,
six pounds per year, diminished—^
| (a) | by one pound for every complete pound of income of the pen sioner above twenty-six x^ounds; and |
(b) wliere the xiensioner has any income, by one xmund for every
1 complete fifteen x“>ounds of the net capital value of all accumu-
| ‘ | lated property of the xiensioner, computed and assessed under this Act. |
12. The rate of each year’s x^ension shall not vary during the year. Pension not to vary
13. (1) For the pui’xiose of ascertaining whether the claimant for during year.
| a xiension is entitled thereto, and also of fixing the rate of the first year’s of firTtVeapr''̂ | ”̂**̂ |
| pension, his income for the next-preceding income-year shall be deemed pension, to be his income. |
522 Act No. 74, 1900.
Old-age Pensions.
| Income for | (2) For the purpo.se of fixing the rate of the pension for the |
| subsequent years. | seooiifl and each subsequent year, the pensioner’s income for the income- |
| Pensions, how | year next preceding each sucli year sliall be deemed to be his income. |
| payable. | 14. With respect to every pension under this Act the following provisions shall apply:— |
{a) The pension shall he deemed to commence on the date named in that behalf in tlie pension-certificate issued in respect of the first year’s pension, being in every ease the first day of the month next after the date of the issue of such certificate.
{h) Each year’s pension shall lie payable pursuant to a pension- certificate issued in respect of such year, and not otherwise.
| (r) | Such certificate shall in every case specify the amount of the year’s pension, and the instalments by which it is payable, being twelve equal monthly instalments, whereof the first is payable on the first day of the month next after the commence ment of the year. |
Pension-claims.
| Pension-claim. | 15. (1) Every person claiming to be entitled to a pension under this Act shall, in the prescribed manner, deliver a claim therefor (in this Act called a “ pension-claim ” ) to the deputy registrar of the district wherein the claimant resides, or to the clerk of the nearest court of petty sessions, who shall forthwith forward the same to the deputy registrar. |
| (2) The pension-claim shall be in the prescribed form and shall affirm all the requirements and negative all the disqualifications under this Act. | |
| (3) Every claimant shall, by statutory declaration, affirm that the contents of his pension-claim are true and correct in every material point. |
(4) Such declaration may be made before any justice of the
peace, solicitor, deputy registrar, or clerk of petty sessions.
| Register of pension | 16. The deputy registrar of any district shall file the claim, and number it in the prescribed manner, and shall record it in the prescribed manner in a book, to be called The Old-age Pension-claim IJegister of the said district. |
| claims. | |
| Board to | 17. (1) The deputy registrar shall, in the prescribed manner, transmit the claim to the board, and the board shall cause the prescribed notice to be given of the day fixed for the investigation hereinafter mentioned, and may require the claimant to attend personally on that day to support his claim; |
| investigate pension | |
| claims. | |
| Provided that where satisfied that the documentary evidence in support of the claim is sufficient to establish it, and also that by reason of physical disability or other sufficient cause the attendance of the claimant should be dispensed with, the board shall not require the personal attendance of the claimant, who shall be notified accordingly. |
(2)
| Act No. 74, 1900. | 523 |
Old-age Pensions.
(2) The board shall on that day, or on the first convenient day thereafter, fully investigate the pension-claim for the purpose of ascertaining whether the claimant is entitled to the pension, and, if so, for what amount in respect of the first year.
18. For the purposes of such investigation, the provisions of Powers of boani
section om> Imndred and forty of the Parliamentary Electorates and 1 ° ' ' ® section or any member thereof shall apply to the board or any member thereof.
19. ( 1 ) In investigating any pension-claim, the board shall not be strict rules of
bound by the strict rules of evidence, but shall investigate and determine blndln̂ *̂ the matter by such means and in such manner as in equity aud good ° (‘onscience it thinks fit.
(2) No pension-claim shall be admitted unless the evidence Evidence of claimant
of the claimant is corroborated o n all material points, except that i j i to be corroborated.
I'csped of the age of the claimant; the board, if otherwise satisfied, may
dispense with corroborative evidence.
20. (1 ) The board may admit the pension-claim as originally How pension-claim
| made, or as modified by the result of the investigation, and fix the amount | '̂ ***'’ |
| of the pension, or may postpone the investigation for further evideruie or reject the claim, as may bo deemed equitable; and the decision of the board shall be notified to the claimant as ])rescribed. |
(2) If the board is of opinion that, although the claim is Board may
not completely established, further evidence may be adduced in support postpone claim, recorded as proved.
thereof, or it ma\" be mended by lajise of time, the board shall, if the
claimant so desires, ])Ostpone the investigation, and in such case all
matters as to which the board is satisfied shall be recorded as proved:
(11) If the board decides that the pension-claim is not estab- Mode of rejecting
lished, and cannot be mended by further evidence or by postponement of the investigation for a reasonable time, the board shall reject it, and when doing so shall specify in writing all the material points which it finds to be respectively ])roved, dis]U’oved, and unproved or insufficiently ])i'oved.
21. (1) In disposing of material points against the claimant, the Matters to be
board shall distinguish between what it finds to be disproved and what
it finds to be simply unproved or insufficiently proved.
(2) In respect of matters found to be disproved, the decision As to matters
of the board shall be final and conclusive for all purposes; unless, on appeal being made by the claimant to the Colonial Treasurer, within the prescribed time and in the ])rescribed manner, the said Treasurer causes an investigation to be made as to such matters by a ilistrict Court Judge named bv him in that behalf, in which case the decision
| ‘ | of |
524 Act Xo. 74, 1900.
Old-age Pensions.
of such judge shall be final and conclusive for all purposes; and such decision shall be remitted to the hoard and dealt with in the same way as a decision of the board.
| As to matters | (3) | In respect of matters found to be simply unproved or |
| unproved. |
insufficiently proved, the claimant may at any time thereafter adduce before the board fresh evidence, and in such case all material points previously found by the board,to be proved shall be deemed to be established, and the board shall dispose of all other points as in the case of a new pension-claim.
| Provisional | 22. In order to facilitate the adjustment of pension-claims they may be delivered filed and provisionally investigated within any period not exceeding two years before the date on which the claimant alleges that his pension should commence; but no pension-claim shall be admitted, nor shall any pension-certificate be issued, until all the conditions prescribed in respect thereof by this Act have been fnlfilled. |
| pension-claims. | |
| Pension-claims may | |
| be amended. | 23. The pension-claim may be amended from time to time on any point which has not been finally disposed of. |
investigation of
Pension-certificate for first year’s pension.
Issue of pension-
| certificate when | 24f. As soon as the pension-claim is admitted, and the rate of the first year’s pension is fixed as aforesaid, the board shall in the prescribed manner certify the same to the depnty-registrar, who shall in the prescribed manner issue to the claimant a certificate (in this Act called a “ pension-certificate ” ) in the form prescribed in respect of the first year’s pension. |
| claim established. | |
| Particulars to be | 25. (1) The deputy-registrar of any district shall, in a book to be called The Old-age Pension Eegister for the said district, enter the following particulars respecting each pension-certificate issued by him— |
| entered in pension | |
| register. |
| (a) | the number of such certificate, and the name of the district in which it is issued; |
(b) the pensioner’s full name, occupation, and address;
| (c) | the amount of his income for the year, and the date on which the income-year ends; |
(d) the date on which the year’s pension commences;
| (e) | the amonnt of the year’s pension, the instalments by which it is payable, and the dne dates thereof; |
(/) such other particulars as are prescribed.
Entries in register
| to be numbered. | (2) All entries of pension-certificates in the said register shall be numbered consecutively, so that no two entries in the same register bear the same number. |
| Transfer of pension- |
| certificates to other | 26. On application in the prescribed manner and form, and |
| districts, and issue | subject to prescribed conditions— |
| of duplieates. | {a) the entry in respect of any pension-certificate may be trans ferred from the register in one district to tlie register in |
| ' | another; | (j) |
| Act No. 74, 1900. | 525 |
Old-age Pensions.
| (b) | the deputy-registrar may issue a duplicate pension-certificate in any case wliere satisfactory proof is given of the loss of the original. |
Pension-certificates for subsequent years.
27. For the purjiose of ascertaining in respect of the second and statement of
each sul)sc(iueiit year, computed from the date of the commencement peTsTou-̂ errT̂ br̂ ' of tlie pension, whether the pensioner is entitled to any payment in furnished to deputy- respect of his jiension for such year, and, if so, for what amount, tlie
following ])rovisions shall apply: —
[ a) Within the prescribed period before the commencement of each such year the pensioner, Avhether claiming any payment in respect of his pension for that year or not, shall furnish to the deputy registrar a statement in tlie prescribed form setting forth full iiarticulars of his income for such year (being the income for the last preceding income-year), and also the net capital value of all his accumulated property.
{b) If the pensioner has received no income for the year, and has
no accumulated ])ropertv, the statement shall contain the word
| “ nil.” | “ |
| (e) | The board shall investigate the statement, and shall ascertain | |
|
same provisions as in the case of a pension-claim whether the conditions of section nine of this Act have been complied Avith.
((/) The board, when satisfied as to the amount of the pensioner’s issue of pension-
income, and the net ca])ital Auilue of his accumulated property, certificate for year,
and that the conditions of section nine aforesaid have been
complied with, shall certify the same to the deputy registrar.
Avho shall enter the same in the Old-age Pension Register for
the district, and issue a pension-certificate, in the prescribed form, in respect of the pen.sion (if any) to which the pensioner is entitled for that year:
Provided that, in lieu of issuing such certificate to the ])eiisioner, the de])uty registrar shall forward it to the manager of the bank or branch or the person authorised to pay the pension, and the said manager or person shall issue it to the pensioner in exchange for the outstanding pension-certificate.
(e) When forwarding the pension-certificate to the said manager
| • | or person, the deputy registrar shall, in the prescribed manner, notify the same to the pensioner, |
Fayment
626 Act No. 74, 1900.
Old-age Pensions.
Payment of pensions and forfeiture of instalments.
| Where pension | 28. (1) Each monthly instalment of the pension shall be payable at the Government Savings Bank, or any branch thereof, or at such other bank or such branch of a bank as may be appointed by the registrar for the pur))ose and named in the [lension-certificate. |
| payable. | |
| Change of place of | |
| payment. | (2) On ap})lieation in the prescribed manner, such bank or branch may be changed from time to time, and every such change sliall be recorded by the dejmty registrar on the pension-certificate and in the old-age pension register for the district. |
| Instalment to be | |
| applied for within | 29. (1) Subject to the provisions of this Act, each monthly instal ment shall be payable at any time within twenty-one days after its due date, on the personal application of the jiensioner and the production of his pension-certificate to the manager of the bank or the branch, or some clerk of the bank or the branch appointed by the manager for that purpose aud described in such certificate. |
| twenty-one days. |
| When instalment | (2) In default of strict compliance with all the provisions of |
| deemed forfeited. | this section, such instalment shall be deemed to be forfeited, unless the forfeiture is waived under the provisions in that behalf hereinafter contained. |
| When and how | 30. (1) The board, by warrant in the prescribed form, may waive |
| forfeiture may be |
| waived. | any such forfeiture in any case where, after investigation, it is satisfied— |
| (a) | that the forfeiture was occasioned by default of jiersonal appli cation for payment, or of application within the prescribed time, and that such default was due to the pensioner’s illness, debility, or temporary absence from the locality where the application is to be made (but not from the Colony), or other sufficient cause; or |
| , | {b) that the forfeiture was occasioned by default in ])roducing |
| .5 | the pension-certificate, and that such default was due to its being lost or mislaid: |
| , | Provided that— | * |
| (c) | except in special cases of the ])ensioner’s illness or debility, or by permission of the central board, it shall not be lawful for the board to issue two such warrants in succession to the same pensioner; and |
{d) in no case shall any such warrant be issued unless it is applied for within fourteen days after the forfeiture.
| Payment under | The instalment named in any such warrant shall be i)ayable |
| warrant. | at any time within fourteen days after the date thereof, on the personal application of the pensioner or such other person as is named therein, and on the production of the warrant, and (except where the warrant otherwise provides) of the pension-certificate, to the manager or clerk of the bank at which the pension is payable as aforesaid, or to any person named in the warrant. |
(3)
| Act No. 74, 1900. | 527 |
Old-age Pensions.
(3 ) 111 default of strict coniiiliance with all the provisions of when warrant
tlie last ])recediiig subsection, the warrant shall be deemed to Juive lapsed, and the forfeiture of the instalment named therein shall become absolute.
31. Xo pension sliall be jiayable under this Act to any person Provision where
who is maintained in any charitable institution, or receives relief there- of“haritabhi'̂ îT*̂ *̂
from, e.\(‘ept where such person is unable, from some physical defect,
to take care of himself, and in such case the following provisions shall
apply
| (o) | Th(‘ reasonable cost of such maiiitenance or relief shall be pay able out of th(> pension. |
{})) For th(‘ pur|ios(‘ of jirocuring such payment, instalments of the pension shall be ])ayable to the governing body of such institution in siu'h manner as is jirescribed, on production, to the manager or clerk of the bank or branch at which tin* ])(‘iision is payable as aforesaid, of a warrant in the prescribed form issiK'd by tlu' board.
| (f) | Any surplus pmisioii-inoneys remaining in the hands of such |
| , | governing boily after defraying such cost shall be paid to the ])onsioner. |
{(I) For till' pur)iosi> of comjiuting the amount of any subsidy or
contribution payable by the (Jovernment to such governing
body under any .\ct, all instalnunits so paid shall be excluded.
32. Any ])erson who, in the opinion of the board, should not Pen.sioner may be
receive the pension jiaynunit in cash, but who is entitled to a ixnisioii boarded out.
under the provisions of this .\ct. may, at the discretion of tiu' board,
)>e boardt'd out, and the amount of tlu' pension to which In* is eiilitled
may be withdrawn from the consolidati'd revenue and paid liy tIu' board
to th(> ]i(‘rson selectt'd to provide for tin* ])ensioner's sup])ort.
Fwei'y pm-son boarded out under tin* provisions of this section must be inspected periodically b>' an oflicial a])pointed by tlie (iovinai- ment.
33. Subject to th<‘ regulations nnuh' under this Act, and on j iro - Payment to other
duction to the manager or clerk of the bank or Itraneh at whicli the <-ban pensioner,
pension is payable of a warrant of the board in the jireseribed form, the
instalments may be paid to any clergyman, justice of the peace, or other
reputable person named in such warrant, for the benefit of the pensioner.
Such warrant may be issued by the board on lieing satisfied that it is expedient so to do, having regard to the age, infirmity, or improvi dence of the ])ensioner, or any other special (‘ircumstances.
34. Fvery instalment which falls dne during any iieriod whilst Period for which
the pensioner is in prison, an inmate of a lunatic asylum, or out of tlu' pension not payable.
Colony, shall lie deemed to be absolutely forfeited.
528 Act No. 74, 1900.
Old-age Pensions.
| Procedure as to | 35. | With resiiect to the payment of instalments of pension by |
| payments of |
| instalments by | the manager or clerk aforesaid, the following provisions shall apply;— for payment to prove his identity, but shall not be bound so to |
| banks. | (a) | The manager or clerk may, if he thinks tit, reciuire the apjilicant |
| ' | do, and may accept the production of the pension-certificate or warrant to which the instalment relates as sufficient evidence that the person producing the same is the person entitled to payment. |
{b) AVhen making the payment, the manager or clerk shall endorse on the pension-certificate or warrant produced as aforesaid the date and fact of the payment, and shall also require the person receiving the payment to give a receipt therefor in the pre scribed form.
| (c) | Such receipt shall be sufficient evidence that the payment to which the receipt purports to relate has been duly made, and no claim against Her Majesty, or the bank, or the manager, or clerk shall thereafter arise or be made in respect thereof. |
| (d) | Where the warrant produced as aforesaid relates to a single instalment, or to the last of a series of instalments, it shall be delivered up to and retained by the manager or clerk on payment of such instalment. |
| Notiecatiou of issue | 36 On the issue of any warrant the board shall notify the same |
| of warrants. | deputy registrar, who shall record the same. |
PART III.
P enalties and Miscellaneous P rovisions.
Penalties.
| Imprisonment for | 37. Every person is liable to imprisonment for not more than |
| ^rta in breaches of | j | niontlis, witli Or witliout hard laboui',— |
| (a) | if by means of any wilfully false statement or representation, he obtains or attempts to obtain a pension-certificate, not being justly entitled thereto, or a pension of a larger amount than he is justly entitled to; or |
| (b) | if Iw any means he fraudulently obtains or attempts to obtain payment of any absolutely forfeited instalment of a pen.sion; or |
| (c) | if, by means of personation or any other fraudulent device what soever, be obtains or attempts to obtain jiayment of any instal ment of a pension; or |
| (d) | if by any wilfully false statement or representation, he aids or abets any person to obtain a pension-certificate, or any instal- |
| , | ment of a pension. | All |
| Act No. 74, 1900. | 529 |
Old-age Pensions.
All proceedings imder this se(‘tion slmll i)c taken in a snmmary way before a sti])endiary oi- j)oliee magistrate or two justices of the peace.
An appeal shall lie from any conviction under this section.
38. In the case of any ('onviction under the last ])re(‘('ding section, A.iaiti.m.ii ])owcrs
the court, in addition to iin))osing the ])nnishment thereby ])rescribed, eonaJurf"
sliall also, according to the circnmstances of the case, by order—
(ft) cancel any pension-certificate which is proved to have been Avrongfnlly obtained: or,
| (h) | reduce to its ]n’0|H'r amount, any ))ension that has been ])rov('d to be too high; or, |
| (f) imjiose a penally iiol exceeding twice the amount of any instal- ment, the payment whereof lias Ikhui vci’ongfnlly obtained, mid, if the defendant is a pmisionm', direct tlie forfeiture of fntnri' instalments of his ]iension eijiial in amonnt to such ]ienalty and in satisfaction thereof. | ■ |
39. If any ]iensioner is convicted of drunkenness, or of any offence AcWitinnai penalty
| pnnishabh' by inijirisonment for not less than one month, then, j ^ | offences, |
| addition to any other ]ienalty or punishment inpiosed, the court may in its discretion, by order, forfeit any oiii* or more of the instalments fall ing due next after the date of the couviihion : | |
| Provided that if. in Ihe o])inion of the court, any ])ensioner (*on- victed of any such offence misspends, wastes, or lessens his estate, or greatly injures his health, or endangers or interrujits th(> ]ieaeo and ]ia])piness of his family, the court may by order direct that tin* instal ment 1)0 ]iaid to any clergyman, justice of tlii' ])eai‘e, or other r(>pntable person, for the benefit of tlu' pensioner, or may by order cancel the pension-c(‘rtifi(‘a te : Provided further that it shall not be lawful for any licensed ]mblican to knowingly supply to any person receiving a pension under this Act any fermented or s])irituons liipmr. and an;-.' ))erson con victed of an offence under this section shall be liable to a penalty of not exceeding ten pounds. |
40. if any pensioner is sentenced to imprisonment t'or tw, ive ivnsion eeniiicate
months or upwards in respect of any offence dishonouring him in the
pnhlic estimation, the court shall, by order, cancel the ])ension-c.:‘rti!icat(‘. oenThiTirtViecs'.’'
41. In any case wliere any ])ensiou-certificat(‘ is cancelled by order wheji pension
| of a court, the ]iension shall hi' deemed to be absolutely forfeited. | aiwointeiy foifciicd. |
42. -In every case when* any instalment is forfeited or any pension- Xotiue of forfeiture certificate is cancelled by order of a court, the clerk of thi' court shall ^ deputy registrar, forthwith notify the board and the deputy registrar of such forfeiture or
cancellation, and the dejmty registrar shall record the same.
| 2 L | Miscellaneous. |
630 ; Act No. 74, 1900.
Old-age Pensions.
Miscellaneous.
| Pensions absolutely | 43. The pension being for the personal support of the pensioner, it shall (subject to the provisions of this Act as to payment, forfeiture, aud otherwise) be absolutely inalienable, whether by way of assignment, charge, execution, bankruptcy, or otherwise howsoever. |
| inalienable. |
| Returns to be | 44. (1) Every deputy registrar shall, in the prescribed manner |
| prepared by deputy |
| registrars. | and at prescribed intervals, prepare and forward to the registrar a return showing for each such interval— |
(a) all pension-certificates issued and warrants recorded by him;
(b) all forfeitures recorded by him;
(c) such other particulars as are prescribed.
| General Register. | (2) The registrar shall from the aforesaid returns compile a General Old-age Pension Register, containing a record of all pension- certificates for the timi) being in force and such other particulars as are prescribed. |
| Particulars to be | 45. The registrar shall, at prescribed intervals, furnish to the |
| furnished to |
| Colonial Treasurer. | Colonial Treasurer schedules showing for each such interval— |
(a) the names of pensioners;
(b) the numbers of their pension certificates;
| (c) | the dates on which and the banks and branches at which the instalments in respect thereof are payable; and |
(d) the amount of the instalments payable.
| Payment out of | 46. The Colonial Treasurer shall from time to time, without further appropriation than this Act, pay oat of the Consolidated Revenue Fund whatever moneys are necessary in order to enable the instalments specified in such schedules in respect of pensions granted under this Act to be paid. |
| Consolidated | |
| Revenue Fund |
| Expenses of | 47. All expenses incurred in administering this Act (other than |
| administration | the payment of pensions) shall be payable out of the moneys to he from time to time appropriated by Parliament. |
| Annual statement | 48. The Colonial Treasurer shall, within thirty days after the |
| to be laid before | close of each financial year, })repare and laj' before Parliament, if sitting, |
| Parliament. | or, if not sitting, then within fourteen days after the commencement of the next session, a statement showing for such year— |
(a) the total amount paid under this Act in respect of pensions;
(b ) the total amount so paid in respect of other than pensions;
(c) the total number of pensioners;
(d) the total amount of absolutely forfeited instalments; and
(e) such other particulars as are prescribed.
| Regulations. | 49. The Governor may make such regulations as he thinks necessary for any purpose for which regulations are contemplated or required, and, generally, for carrying out the intention of this Act, and such regulations upon publication in the Gazette shall have the full force of law, and shall be laid before Parliament within fourteen days |
after
| Act No. 75, 1900. | 531 |
| Liverpool Municipal Loan. |
after making thereof if Parliament bo then in session, and if not within fourteen day.s after the eommeneenumt of the then next ensuing session
| of Parliament. | • |
50. A copy of this V̂et shall I k; ])Osted, so as to he available for Act to bo posted at
public information, at every bank at which instalments of i>ensions tire
payable under this Act, and a list containing the names of the iiensioners
whose instalments are ]iaid at such hank shall lie kept thereat.
51. This Act, in so far as it provides for the grant of ])ensions, to whom Act not
| shall not apply to— | apply- |
(a) aliens;
| (h) | naturalised subjects, exitejit such as have been naturalised foi- the period of ten years next preceding the date on whicli they make their ]iension-claims; |
| (e) | Chinese or other Asiatics, whether naturalised or not; or |
(d) aboriginal natives.
52. (1) Every ]iension granted under this Act shall he deemed to Pensions granted
be granted and shall Ik* held suhjc'ct to the provisions of any amtmding ammu^gAct.
or repealing Act tlmt may !i(‘re:ifter he ]iassed; and no jiensioner nndt'r this Act shall have any claim for compt'nsation or otherwise by I'eason of his pension being affected by :iny such amending or repealing Act.
(2) A notification of the last preceding subsection shall he
printed on every pension-certificate.
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