Repatriation Act 1956 (Cth)

REPATRIATION.

 

No. 68 of 1956.

An Act to amend the Repatriation Act 1920–1955, and for other purposes.

[Assented to 5th October, 1956.]

BE it enacted by the Queen’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 1956.

(2.) The Repatriation Act 1920–1955 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 1920–1956.

Commencement.

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

Powers and duties of Commission.

3.Section eleven of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “by this Act or as are prescribed” and inserting in their stead the words “by or under this Act or any other Act”; and

(b) by inserting in sub-section (2.), after the word “Act”, the words “or any other Act”.

 

4.After section thirty-nine of the Principal Act the following section is inserted :—

Pensions to spouses to cease upon dissolution of marriage.

“39a. If the marriage of a member of the Forces is dissolved, otherwise than by death, a pension to which the former spouse of the member was entitled as the spouse of the member shall thereupon cease.”.

Pension payable to dependants on death of a member after termination of war service.

5.Section forty-five of the Principal Act is amended by omitting from sub-section (1.) the words “date of his discharge” and inserting in their stead the words “termination of his war service”.

Pensions to dependants of certain deceased members.

6.Section forty-six of the Principal Act is amended by omitting the words “date of his discharge” and inserting in their stead the words “termination of his war service”.

Pension of member afflicted with lunacy.

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

(a) by omitting from sub-section (6.) the words “such persons referred to in the last-mentioned paragraph” and inserting in their stead the words “such persons, being members of his family or persons who, in the opinion of the Commission, have been dependent on him”; and

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

“(8.) For the purposes of this section, an ex-nuptial child of a member of the Forces shall be deemed to be a member of his family.”.

Appeals.

8.Section sixty-four of the Principal Act is amended by inserting in sub-section (1.), after the word “ground”, the words “that the member is not suffering from any incapacity or on the ground”.

Assessment Appeal Tribunals.

9.Section sixty-five of the Principal Act is amended by omitting paragraph (a) of sub-section (1.) and inserting in its stead the following paragraph:—

“(a) assessments by the Commission or a Board of the rates of pension payable to members of the Forces under any Division of this Part other than Division 5; and”.

Definitions.

10.Section eighty-three of the Principal Act is amended—

(a) by omitting from paragraph (j) of the definition of “Income” the word “or”; and

(b) by adding at the end of that definition the following paragraphs :—

“(l) an amount payable to a member of the Forces by the Commission as an allowance for expenditure incurred or to be incurred by the member for his transport for the purposes of recreation or as an allowance towards the cost of maintenance and running expenses of a motor vehicle provided by the Commission for the member because of his serious incapacity; or

 

“(m) an amount payable to a member of the Forces as an allowance by reason of the fact that he has been awarded a decoration;”.

Grant of service pensions.

11.Section eighty-four of the Principal Act is amended by omitting all the words after paragraph (b) and inserting in their stead the words “at a rate per annum not exceeding the maximum rate of pension per annum that would be applicable to him under section twenty-eight of the Social Services Act 1947–1956 if he were qualified to receive an age pension under that Act.”.

Service pension in respect of a member permanently unemployable, &c.

12.Section eighty-five of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “Seventy shillings per fortnight” and inserting in their stead the words “Ninety-one pounds per annum”;

(b) by omitting from sub-section (1.) the words “Twenty-three shillings per fortnight” and inserting in their stead the words “Twenty-nine pounds eighteen shillings per annum”;

(c) by omitting from sub-section (1.) the words “Twenty-eight shillings per fortnight” and inserting in their stead the words “Thirty-six pounds eight shillings per annum”;

(d) by omitting from sub-section (1.) the words “Thirty-three shillings per fortnight” and inserting in their stead the words “Forty-two pounds eighteen shillings per annum”; and

(e) by omitting from sub-section (1.) the words “Thirty-eight shillings per fortnight” and inserting in their stead the words “Forty-nine pounds eight shillings per annum”.

Net capital value of accumulated property.

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

“(d) if, for any special reason, in any particular case, the Commission so directs, the value of the whole or any part of the property of the applicant or pensioner or of his spouse shall be disregarded; and”.

Deduction from pensions and allowances of certain amounts.

14.Section one hundred and twenty b of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (3.) the words “(not being a date before the commencement of this sub-section), a pension under this Act, or pension under this Act at an increased rate,” and inserting in their stead the words “, a pension under this Act, a pension under this Act at an increased rate or a prescribed sustenance allowance”;

 

(b) by omitting from paragraph (b) of sub-section (3.) the words “or pension under this Act at the increased rate” and inserting in their stead the words “the pension under this Act at the increased rate or the sustenance allowance”; and

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

“(4.) The last preceding sub-section does not apply—

(a) where the pension under this Act, or the pension under this Act at an increased rate, referred to in paragraph (a) of that sub-section became payable on a date before the date of commencement of that sub-section; or

(b) where the prescribed sustenance allowance referred to in paragraph (a) of that sub-section became payable on a date before the date of commencement of this sub-section.”.

Regulations.

15.—(1.) Section one hundred and twenty-four of the Principal Act is amended—

(a) by omitting from paragraph (f) the word “section” and inserting in its stead the word “sub-section”; and

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

“(2.) The regulations may make provision for or in relation to—

(a) the payment of any pension or allowance to a person on behalf of, or as trustee of, the person to whom the pension or allowance is payable under this Act where the Commission or a delegate of the Commission is satisfied that, having regard to the age, infirmity, ill-health or improvidence of the person to whom the pension or allowance is payable under this Act, it is expedient that payment of the pension or allowance should be so made, or where the person to whom the pension or allowance is payable under this Act consents to payment of the pension or allowance being so made; and

(b) the disbursement or accumulation of a pension or allowance so paid for the benefit of the person to whom it is payable under this Act or of members of the family of that person or of persons dependent on him.”.

 

(2.) Regulation nine of the Repatriation Regulations shall be deemed to have been valid and effectual at all times before the commencement of this Act and shall continue to apply to and in relation to every trust continued in existence by the next succeeding sub-section.

(3.) Every trust which, by reason of the operation of the last preceding sub-section, is deemed to have been subsisting immediately before the commencement of this Act shall continue in existence until the commencement of regulations made by virtue of sub-section (2.) of section one hundred and twenty-four of the Principal Act, as amended by this section.

(4.) Regulations made by virtue of sub-section (2.) of section one hundred and twenty-four of the Principal Act, as amended by this section, may provide for the further continuation of trusts to which the last preceding sub-section applies, and any trust so continued shall be deemed to have been validly created under those regulations.

Third Schedule.

16.The Third Schedule to the Principal Act is amended—

(a) by omitting from Table A the words “a rate not exceeding the total of the rate specified in Column 2 of the scale in the First Schedule and the maximum rate per fortnight of an age or invalid pension under the Social Services Act 1947–1955” (first occurring) and inserting in their stead the words “such rate, not exceeding the total of the rate specified in Column 2 of the scale in the First Schedule and the rate per fortnight of an age or invalid pension payable at the rate per annum specified in sub-section (1a.) of section 28 of the Social Services Act 1947–1956, as is assessed”;

(b) by omitting from Table A the words “a rate not exceeding the total of the rate specified in Column 2 of the scale in the First Schedule and the maximum rate per fortnight of an age or invalid pension under the Social Services Act 1947–1955” (second occurring) and inserting in their stead the words “such rate, not exceeding the total of the rate specified in Column 2 of the scale in the First Schedule and the rate per fortnight of an age or invalid pension payable at the rate per annum specified in sub-section (1a.) of section 28 of the Social Services Act 1947–1956, as is assessed”; and

(c) by omitting from Table A the words—

“the rate payable to that parent under paragraph (b) of this item plus—

(i) where another parent of a prescribed class is included—the maximum rate per fortnight of an age or invalid pension under the Social Services Act 1947–1955; or”

 

and inserting in their stead the words—

“the maximum rate that may be assessed under paragraph (b) of this item in respect of a parent to whom that paragraph applies plus—

(i) where another parent of a prescribed class is included—the rate per fortnight of an age or invalid pension payable at the rate per annum specified in sub-section (1a.) of section 28 of the Social Services Act 1947–1956 plus £2 per fortnight; or”.

Application of amendments.

17.