Repatriation Act 1962 (Cth)

REPATRIATION.

No. 75 of 1962.

An Act to amend sections twenty-nine and seventy-eight of the Repatriation Act 1920-1961.

[Assented to 10th December, 1962.]

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 1962.

(2.) The Repatriation Act 1920-1961 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 1920-1962.

Commencement.

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

Date of operation of determination of Commission on appeal.

3. Section twenty-nine of the Principal Act is amended by inserting after the word “Commission” the words “, being an appeal from a determination of a Board lodged later than three months after the making of the determination,”.

 

Date of operation of decisions and determinations on appeal.

4.Section seventy-eight of the Principal Act is amended—

(a) by omitting from sub-section (2.) the words “A decision of an Appeal Tribunal” and inserting in their stead the words “Subject to the next succeeding sub-section, a decision of an Appeal Tribunal”; and

(b) by inserting after sub-section (2.) the following sub-section:—

“(2a.) Where an appeal to an Appeal Tribunal against a determination of the Commission is lodged in accordance with sub-section (1.) of section sixty-four of this Act and—

(a) the appeal is so lodged within three months after the making of the determination; and

(b) in a case where the determination of the Commission was made on an appeal to the Commission from a determination of a Board—the appeal to the Commission was lodged within three months after the making of the determination of the Board,

sub-paragraph (ii) of paragraph (a)of the last preceding sub-section does not apply to a decision of the Appeal Tribunal made by virtue of sub-section (3.) or (6.) of section sixty-four of this Act or to a determination of the Commission made by virtue of sub-section (5.) of that section.”; and

(c) by omitting paragraph (a) of sub-section (3.) and inserting in its stead the following paragraph:—

“(a