Repatriation Act 1951 (Cth)

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REPATRIATION.

 

No. 31 of 1951.

An Act to amend the Repatriation Act 1920-1950, and for other purposes.

[Assented to 21st November, 1951.]

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 Repatriation Act 1951.

 

(2.) The Repatriation Act 1920-1950 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920-1951.

Commencement.

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

Gratuity to certain persons on re-marriage or marriage.

3. Section forty aof the Principal Act is amended—

(a) by inserting in paragraph (a), after the word “pension”, the words “under this Division”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) For the purposes of the last preceding sub-section, a person shall be deemed to be in receipt of a pension if she lodged a claim for payment of a pension, or makes application for the gratuity, within twelve months after, her re-marriage or marriage, as the case may be, and a pension would have been payable to her if her entitlement had been determined before that re-marriage or marriage.”.

Pension of member afflicted with lunacy.

4.Section forty-nine of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (2.) the word “and”; and

(b) by inserting, after paragraph (c) of that sub-section, the following word and paragraph:—

“;and (d)the education, maintenance or advancement of a son, daughter, step-son, step-daughter, adopted son, adopted daughter, ex-nuptial son or ex-nuptial daughter of the member:”.

Double pensions.

5.Section fifty of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) A person who is in receipt of pension as a child of a member of the Forces and becomes a step-child or adopted child of another member of the Forces shall not be eligible for pension in respect of both members, but shall be eligible for pension at whichever rate assessable in respect of either of those members is the higher.”.

Service pension in respect of a member permanently unemployable or suffering from pulmonary tuberculosis.

6.Section eighty-five of the Principal Act is amended by omitting the table contained in sub-section (1.) and inserting in its stead the following table:—

“Members of the Forces, irrespective of their age

The rate specified in section eighty-four of this Act.

Wives of members of the Forces ...

Sixty shillings per fortnight.

 

Children of members of the Forces—

One child.......................................................

Twenty-three shillings per fortnight.

Two children.................................................

Twenty-eight shillings per fortnight.

Three children...............................................

Thirty-three shillings per fortnight.

Four or more children.....................................

Thirty-eight shillings per fortnight.”.

Reduction of service pensions where pensioner has accumulated property.

7.Section eighty-nine of the Principal Act is amended by omitting from sub-section (2.) the words “Seven hundred and fifty pounds” and inserting in their stead the words “One thousand pounds”.

Net capital value of accumulated property.

8.Section ninety of the Principal Act is amended by omitting from paragraph (b)of sub-section (1.) the words “Five hundred pounds “(wherever occurring) and inserting in their stead the words “Seven hundred and fifty pounds”.

Maximum amount of service pension and war pension.

9. Section ninety-one a of the Principal Act is amended—

(a), by omitting from paragraph, (a)of sub-section (1.) the words “Seven pounds” and inserting in their stead the words “Eight pounds”;

(b) by omitting from paragraph (b) of that sub-section the words “Thirteen pounds” and inserting in their stead the words “Fourteen pounds ten shillings”; and

(c) by omitting from paragraph (c) of that sub-section the words “Ten pounds fifteen shillings” and inserting in their stead the words “Eleven pounds fifteen shillings”.

Amendment of the Second Schedule.

10.The Second Schedule to the Principal Act is amended by omitting the words “Fourteen Pounds” and inserting in their stead the words “Seventeen Pounds Ten Shillings”.

Amendment of the Fifth Schedule.

11.The Fifth Schedule to the Principal Act is amended by omitting from the table in paragraph one the figures “7 0 0” (wherever occurring) and inserting in their stead the figures “10 10 0”.

Application of amendments.

12.—(1.) The amendments effected by sections ten and eleven of this Act apply in relation to the instalment of pensions which fell due on the twenty-fifth day of October, One thousand nine hundred and fifty-one, and to all subsequent instalments.

(2.) The amendments effected by sections six to nine (inclusive) of this Act shall apply in relation to the instalment of pensions falling due on such date as the Minister specifies by notice in the Gazette

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