Repatriation Act 1920 (Cth) - Repatriation Act 1920

REPATRIATION ACT 1920 - Incorporating all amendments by legislation made to 1
January 1981 (to the extent that the legislation has come into operation by
that date)
- Reprinted as at 1 January 1981 (HISTACT CHAP 157 #DATE 01:01:1981)

*1* The Repatriation Act 1920 (a) as shown in this reprint comprises Act No. 6, 1920 as amended by the other Acts specified in the following table:

----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Australian
Soldiers'
Repatriation Act
1920 6, 1920 19 May 1920 1 July 1920 (see
Gazette 1920, p.
909)
Australian
Soldiers'
Repatriation Act
1921 34, 1921 17 Dec 1921 17 Dec 1921 -
Australian
Soldiers'
Repatriation Act
1922 23, 1922 18 Oct 1922 S. 2: 1 July 1920
(see s. 2 (2) and
Gazette 1920, p.
909)
Remainder: Royal
Assent -
Australian
Soldiers'
Repatriation Act
1929 14, 1929 25 Mar 1929 1 June 1929 (see
Gazette 1929, p.
1317) -
Australian
Soldiers'
Repatriation Act
1930 74, 1930 16 Dec 1930 1 June 1929 -
Financial Emergency
Acts 1931 (b) 10, 1931 17 July 1931 Ss. 1-4: Royal
Assent
Remainder: 20 July
1931
(see Gazette 1931,
p. 1195) Ss. 4 and
41-43
47, 1931 4 Nov 1931 4 Nov 1931 -
Australian
Soldiers'
Repatriation Act
1934 32, 1934 4 Aug 1934 S. 9: 30 Oct 1933
Remainder: Royal
Assent (c) -
Australian
Soldiers'
Repatriation Act
1935 58, 1935 6 Dec 1935 Ss. 27 and 28: 1
Jan 1935
Remainder: 1 Jan
1936 -
Financial Relief
Act (No. 2) 1936
(b) 29, 1936 21 Sept 1936 21 Sept 1936 S. 23
Australian
Soldiers'
Repatriation Act
1936 67, 1936 3 Dec 1936 Ss. 8 and 45AGA
(1) inserted by s.
9: 1 Jan 1936
Remainder: Royal
Assent -
Australian
Soldiers'
Repatriation Act
1937 12, 1937 2 Sept 1937 Ss. 3-5 and 7: 16
Sept 1937
S. 6: 10 Mar 1937
Remainder: Royal
Assent -
Australian
Soldiers'
Repatriation Act
(No. 2) 1937 24, 1937 16 Sept 1937 16 Sept 1937 -
Australian
Soldiers'
Repatriation Act
(No. 3) 1937 42, 1937 13 Dec 1937 1 Jan 1938 (see
Gazette 1937, p.
2347) S. 5
Australian
Soldiers'
Repatriation Act
1938 55, 1938 10 Dec 1938 7 Jan 1939 S. 4
Australian
Soldiers'
Repatriation Act
1940 37, 1940 4 June 1940 S. 15: 1 July 1940
Remainder: 3 Sept
1939 -
Australian
Soldiers'
Repatriation Act
(No. 2) 1940 96, 1940 17 Dec 1940 2 Jan 1941 -
Australian
Soldiers'
Repatriation Act
1941 49, 1941 3 Dec 1941 Ss. 3-6: 18 Dec
1941
S. 7: 1 Nov 1941
Remainder: Royal
Assent (d) -
Australian
Soldiers'
Repatriation Act
1943 22, 1943 1 Apr 1943 Ss. 30 (a) (to the
extent to which it
relates to a
service pension to
a member of the
Forces), 33,
46-49: 6 May 1943
(see Gazette 1943,
p. 838)
S. 39: 3 Sept 1939
Remainder: Royal
Assent Ss. 45 (2),
46 (2), 50
and 51 (2)
Re-establishment
and Employment Act
1945 11,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Repatriation Act 1920 (Cth)

Details

AGLC: Repatriation Act 1920 (Cth)
Case: Repatriation Act 1920
Decision Date

CaseChat Overview and Summary

In the case, the court considered the interpretation and application of the Repatriation Act 1920, which governs the provision of pensions and other benefits to Australian soldiers who served during World War I. The legal issues included the eligibility criteria for certain pensions, the calculation, and 19. 240. and 14 in relation with the date of the Act 111. -------21.2 43, and 4
s, and 1.192, 1, and 120.1

(a, and 3 and 1, and. 1.14.3.13. 2 in, and 3 1. 4. 1.2.1.3. 1.1.3. 4.2
and 1.4.1.3.5, and2

SCH.22, 1.32

R.4.4.1.2.3.1.3.2.
SECT

Orders