Repatriation Act 1971 (Cth)

Repatriation

No. 17 of 1971

An Act to amend the Repatriation Act 1920–1970 so as to provide for Increases in the Rates of certain Pensions and Allowances payable to certain persons and for purposes connected therewith and to appropriate the Consolidated Revenue Fund for the purpose of certain payments resulting from those amendments.

[Assented to 7 April 1971]

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 1971.

(2.) The Repatriation Act 1920–1970 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 1920–1971.

Commencement.

2. This Act shall be deemed to have come into operation on the first day of April, One thousand nine hundred and seventy-one.

Interpretation.

3. Section 83 of the Principal Act is amended by inserting after subsection (3.) the following sub-section:—

“(3a.) In the application of section twenty-eight a of the Social Services Act 1947–1971 for the purposes of this Division, a reference in that section to the means as assessed of a person shall be read as a reference to the means as assessed of the person for the purposes of this Division.”.

Grant of service pensions.

4. Section 84 of the Principal Act is amended by omitting from subsection (1.) the words “section twenty-eight of the Social Services Act 1947–1960” and inserting in their stead the words “section twenty-eight, and, if applicable, section twenty-eight a, of the Social Services Act 1947-1971”.

 

Service pensioner in a public institution.

5. Section 95 of the Principal Act is amended—

(a) by omitting sub-section (1b.) and inserting in its stead the following sub-sections:—

“(1b.) The last preceding sub-section does not apply in relation to any amount of a service pension that is payable by virtue of section twenty-eight a of the Social Services Act 1947–1971 in its application for the purposes of this Division.

“(1c.) An amount of a service pension referred to in the last preceding sub-section shall, so long as the service pensioner remains an inmate of the institution, be paid in accordance with sub-section (3.) of section fifty of the Social Services Act 1947–1971 as if the service pensioner were an age pensioner who had become an inmate of the institution.

“(1d.) An amount of a service pension that would, but for this sub-section, be payable to a person controlling an institution by virtue of the preceding provisions of this section is not so payable in respect of a period during which a Commonwealth benefit is payable under Part V. of the National Health Act 1953–1970 in respect of hospital treatment received by the service pensioner concerned,”; and

(b) by omitting from sub-section (2.) the words “specified in subsection (1a.)” and inserting in their stead the words “under the preceding provisions”.

First Schedule.

6.—(1.) The First Schedule to the Principal Act is amended by omitting the scale and inserting in its stead the following scale:—

Column 1	Column 2	Column 3	Column 4
Rank or Rating of the Member	Pension payable to Widowed Mother on Death of Member	Pension payable to Widow on Death of Member	Pension payable to Member on Total Incapacity
$	$	$
per fortnight	per fortnight	per fortnight
All ranks and ratings below Leading Seaman, Corporal and relative ranks and ratings.......................................................................	9.00	32.00	24.00
Leading Seaman, Corporal and relative ranks and ratings .......	10.00	32.00	24.00
Petty Officer, Sergeant and relative ranks and ratings..............	10.30	32.00	24.00
Chief Petty Officer, Staff Sergeant, Flight Sergeant and relative ranks and ratings.............................................................................	10.55	32.00	24.00
Warrant Officer and relative ranks.........................................	11.35	32.00	24.00
All commissioned ranks below Lieutenant (Navy), Captain (Army), Flight Lieutenant (Air Force) and relative ranks ..........................	11.80	32.00	24.00
Lieutenant (Navy), Captain (Army), Flight Lieutenant (Air Force) and relative ranks...................................................................	12.80	32.00	24.45
Lieutenant-Commander, Major, Squadron Leader and relative ranks	13.90	32.90	25.45
Commander, Lieutenant-Colonel, Wing Commander and relative ranks	15.10	34.10	26.45
Captain (Navy), Colonel, Group Captain and relative ranks	16.30	35.30	27.35
All ranks higher than Captain (Navy), Colonel, Group Captain and relative ranks...............................................................................	16.60	35.60	27.60

(2.) The First Schedule to the Principal Act is amended by omitting from paragraph 6 the words “Fifty-six dollars” and inserting in then-stead the words “Fifty-seven dollars”.

Second Schedule.

7. The Second Schedule to the Principal Act is amended by omitting the words—

“Rate for Special Pensions—Seventy-six Dollars Per Fortnight.”

and inserting in their stead the words—

“Rate for Special Pensions—Seventy-eight Dollars Per Fortnight.”.

Fifth Schedule.

8. The Fifth Schedule to the Principal Act is amended by omitting the table in paragraph 1 and inserting in its stead the following table:—

Column 1	Column 2	Column 3
Description of Disability	Amount	Allowance
$	$
per fortnight	per fortnight
Two arms amputated................................................................	54.00	28.00
Two legs and one arm amputated...............................................	54.00	17.00
Two legs amputated above the knee...........................................	54.00	17.00
Two legs amputated and loss of eye...........................................	54.00	..
One leg and one arm amputated and one eye destroyed...............	54.00	..
One leg and one arm amputated.................................................	54.00	..
One leg amputated above, and one leg amputated below, the knee	14.20	..
Two legs amputated below the knee..........................................	9.50	..
One arm amputated and one eye destroyed.................................	8.40	..
One leg amputated and one eye destroyed..................................	8.40	..
One leg amputated above the knee.............................................	4.30	..
One leg amputated below the knee.............................................	2.70	..
One arm amputated above the elbow.........................................	4.30	..
One arm amputated below the elbow.........................................	2.70	..
Loss of vision in one eye...........................................................	3.60	..

Application of amendments.

9. In so far as an amendment made by this Act affects instalments of pensions or of allowances, the amendment applies in relation to an instalment of a pension or of an allowance, as the case may be, falling due on the pension pay day or the allowance pay day, as the case may be, immediately following the last pension pay day or allowance pay day, as the case may be, before the date of commencement of this Act and to all subsequent instalments.

Appropriation.

10.—(1.) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of such expenditure in pursuance of the Principal Act as amended by this Act as results from this Act, being expenditure on or before the thirtieth day of June, One thousand nine hundred and seventy-one.

(2.) The last preceding sub-section does not prevent the issue and application of moneys, for the purposes referred to in that sub-section, in pursuance of an appropriation made by an Act other than this Act (whether passed before or after the commencement of this Act).