Repatriation Acts Amendment Act 1974 (Cth)

REPATRIATION ACTS AMENDMENT ACT 1974

No. 90 of 1974

An Act relating to Repatriation and related Matters.

 

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —

PART I—PRELIMINARY

Short title.

1. This Act may be cited as the Repatriation Acts Amendment Act 1974.

Commencement.

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Section 6 shall come into operation on a date to be fixed by Proclamation.

 

PART II—AMENDMENTS OF THE REPATRIATION ACT 1920-1973, AS AMENDED

Citation.

3. (1) The Repatriation Act 1920-1973, as amended by the Repatriation Act 1974, and by the Repatriation Act (No. 2) 1974, is in this Part referred to as the Principal Act.

(2) Section 1 of the Repatriation Act (No. 2) 1974 is amended by omitting sub-section (4).

(3) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920-1974.

Interpretation.

4. Section 6 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2) For the purposes of this Act, a person residing in Papua New Guinea immediately before it becomes an independent sovereign state shall, until he ceases so to reside, be deemed to be resident in Australia.”.

Members of Commission.

5. Section 8 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(8) A question arising at a meeting of the Commission shall be decided by a majority of votes of members present and voting.

6. After section 8 of the Principal Act the following section is inserted:—

Appointment of Secretary as chairman of the Commission.

“8a. The person holding office under the Public Service Act 1922-1974 as Secretary to the Department of Repatriation and Compensation may be appointed as chairman of the Commission while retaining his office as Secretary to that Department and, in that event—

(a) he shall perform his duties as chairman of the Commission concurrently with his performance of his duties as Secretary to that Department;

(b) he shall cease to hold office as chairman of the Commission if he ceases to hold office as Secretary to that Department;

(c) he shall not be paid remuneration or allowances in his capacity as chairman of the Commission, but, for the purpose of the payment of allowances to him, his duties as Secretary to that De­partment shall be deemed to include his duties as chairman of the Commission;

(d) the performance by him of his duties as Secretary to that Department shall not be taken to involve absence for the purpose of performing the duties of another office as referred to in sub-section (4) of section 8; and

(e) subject to this section, the provisions of this Act other than the provisions of sections 9 and 21 apply to and in relation to him as chairman of the Commission.

Members of Repatriation Boards.

7. Section 15 of the Principal Act is amended by inserting after sub-section (10) the following sub-section: —

“(10a) A question arising at a meeting of a Board shall be decided by a majority of votes of members present and voting.

8. (1) Section 51 of the Principal Act is repealed and the following section substituted: —

Appropriation for pensions, & c.

“51. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly—

(a) pensions, allowances under section 98a and transitional benefits under section 98aaa; and

(b) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed by the regulations or by reference to this Act.”.

(2) The appropriation made by section 51 of the Principal Act as amended by this Act shall be deemed to have taken effect on 1 July 1974.

9. Section 67 of the Principal Act is amended by omitting from subsection (1) the words “whichever is the later,”.

10. After section 77 of the Principal Act the following section is inserted:—

Question to be decided by majority vote.

“77a. A question arising at a meeting of an Appeal Tribunal or an Assessment Appeal Tribunal shall be decided by a majority of votes of members present and voting.”.

Interpretation.

11. Section 83 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(5) For the purposes of this Division, a person resident in Papua New Guinea after it becomes an independent sovereign state, being the wife of a service pensioner who is, by virtue of sub-section (2) of section to be deemed to be resident in Australia, shall be deemed to be resident in Australia.”.

Pensions in respect of a member permanently unemployable, &c.

12. Section 85 of the Principal Act is amended by omitting from sub-section (1) the words “Two hundred and sixty dollars per annum” and substituting the words “the rate per annum specified in sub-section (1b) of section 28 of the Social Services Act 1947-1974”.

Restrictions as to dual pensions.

13. Section 86 of the Principal Act is amended by omitting from sub-section (2) the words “service pensions may be granted to the wife and children” and substituting the words “service pension may be granted to the wife”.

Persons resident in Papua New Guinea after independence.

14. After section 96 of the Principal Act the following section is inserted:—

“96a. (1) This section applies in relation to a service pensioner who is residing in Papua New Guinea after it becomes an independent sovereign state and who is, by virtue of sub-section (2) of section 6 or subsection (5) of section 83, to be deemed to be resident in Australia.

“(2) Where a service pensioner to whom this section applies leaves the country where he is residing, except to go to Australia, without first giving notice to the Commission of his intention so to leave that country, the Commission may cancel his pension.

Supplementary assistance.

15. (1) Section 98a of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) the words “Two hundred and sixty dollars” and substituting the words “the amount specified in paragraph (b) of sub-section (1) of section 30a of the Social Services Act 1947-1974”;

(b) by omitting paragraphs (d) and (e) of sub-section (3) and substituting the following paragraphs:—

“(d) where the amount of his means as assessed is not greater than the maximum amount of means as assessed specified in paragraph (d) of sub-section (3) of section 30a of the Social Services Act 1947-1974—the rate specified in that paragraph; or

(e) in any other case—an amount per annum equal to the amount by which the amount specified in paragraph (e) of sub-section (3) of section 30a of the Social Services Act 1947-1974 exceeds the amount of his means as assessed.”;

(c) by inserting after sub-section (3a) the following sub-sections:—

“(3b) Notwithstanding anything contained in this section, allowance by way of supplementary assistance by reason of the payment of rent is not payable to a person at a rate exceeding the rate at which that person pays rent.

“(3c) Where a person and the wife or husband of that person are persons the rates of whose supplementary allowances are fixed by sub-section (3a), the rent paid by that person shall, for the purposes of sub-section (3b), be deemed to be one-half of the rent paid by that person, by the wife or husband of that person or by both that person and the wife or husband of that person, as the case may be, in respect of their matrimonial home.”; and

(b) by omitting sub-section (8) and substituting the following sub-section:—

“(8) Where a person in receipt of an allowance under this section—

(a) ceases to pay rent;

(b) has the rate of his rent reduced; or

(c) in any period of 2 consecutive weeks, receives income the average weekly rate of which is higher than the weekly rate of income last specified by him in a claim, statement or notification under this Part,

the person shall, within 14 days after the date on which the last payment of rent was due, the date on which the rate of his rent was reduced or the last day of the period referred to in paragraph (c), as the case may be, notify the Commission in writing accordingly.

Penalty: $40.”.

(2) The amendment made by paragraph (1)(c), in so far as it affects an allowance granted before the date on which this Act received the Royal Assent, does not have the effect of authorizing or requiring the payment of that allowance at a rate less than the rate of that allowance that was payable immediately before that date.

On death of married person, widow, widower or children to receive certain benefits for 12 weeks.

16. Section 98b of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:—

“(1) For the purposes of this section, unless the contrary intention appears—

(a) a woman shall be deemed to be the widow of a deceased man where, immediately before his death, she was a dependent female in respect of him for the purposes of the operation of a provision of Part III of the Social Services Act 1947-1974; and

(b) a man shall be deemed to be the widower of a deceased woman where, immediately before her death, she was a dependent female in respect of him—

(i) for the purposes of this Division; or

(ii) for the purposes of the operation of a provision of Part III of the Social Services Act 1947-1974. ”;

and

(b) by omitting from sub-section (8) the words “the last preceding section” and substituting the words, figures and letters “section 98a and a benefit under section 98aaa”.

Modification of certain other laws.

17. Section 123a of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-section:—

“(1) A person shall not be taken to be a pensioner for the purposes of regulation 29 of the Telephone Regulations in force under the Post and Telegraph Act 1901-1974 by reason that the person is in receipt of, or is entitled to, a service pension where that person would not be eligible to receive such a pension if any of the following amendments had not been made:—

(a) an amendment of the Repatriation Act 1920-1968, or of that Act as amended at any time, being—

(i) an amendment alleviating the operation of the means test in relation to that person; or

(ii) an amendment of a rate of pension, allowance or benefit under Division 5 of Part III made after the date of commencement of the Repatriation Act (No. 3) 1973;

(b) an amendment of the Social Services Act 1947-1968, or of that Act as amended at any time, being—

(i) an amendment alleviating the operation of the means test in relation to that person; or

(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973.”.

18. Section 124 of the Principal Act is amended—

Regulations.

(a) by omitting sub-paragraphs (i), (ii) and (iii) of paragraph (a) of sub-section (1ab) and substituting the following sub-paragraphs:—

“(i) members of the Forces and the dependants of those members and persons referred to in section 120; and

(ii) persons referred to in sub-section (1aa); and”; and

(b) by omitting sub-section (1c) and substituting the following sub-section:—

“(1c) Sub-section (1a) does not apply in relation to—

(a) medical treatment in respect of a condition giving rise to an incapacity in respect of which Australia—

(i) is liable to pay pension under this Act to the person;

(ii) would be so liable if the incapacity were great enough to warrant a pension assessment; or

(iii) would be so liable but for paragraph (c) of the proviso to sub-section (1) of section 24, section paragraph (c) of the proviso to sub-section (1) of section 101, sub-section (6) of section 107c, section 107q or section 107r; or

(b) medical treatment for a member of the Forces, including a member of the Forces within the meaning of Division 10 of Part III, in respect of malignant neoplasia.”.

Schedule 1.

19. (1) Schedule 1 to the Principal Act is amended by omitting the table and substituting the following table:—

Column 1	Column 2	Column 3
Pension payable to Widowed	Pension payable to Widow	Pension payable to Member
Mother on Death of Member	on Death of Member	on Total Incapacity
$	$	$
Per fortnight	Per fortnight	Per fortnight
17	62	50

(2) Schedule 1 to the Principal Act is further amended by omitting from paragraph 6 the words “Eighty-two dollars ten cents” and substituting the symbol and figures “$89.10”.

Schedule 2.

20. Schedule 2 to the Principal Act is amended—

(a) by omitting the words—

“RATE FOR SPECIAL PENSIONS—ONE HUNDRED AND TWENTY DOLLARS AND TWENTY CENTS PER FORTNIGHT.”

and substituting the words—

“RATE FOR SPECIAL PENSIONS—$ 128.20 PER FORTNIGHT.”;

(b) by omitting the words “Twenty-six dollars” and substituting the symbol and figures “$29.40”; and

(c) by omitting the words “Forty-four dollars” and substituting the symbol and figures “$49.80”.

Schedule 3.

21. Schedule 3 to the Principal Act is amended—

(a) by omitting from the words set out in Table A opposite to the words “Widow of the member” the words “, whichever is applicable”;

(b) by omitting from Table A the symbol and figures “$37.00” (wherever occurring) and substituting the symbol and figures “$41.80”; and

(c) by omitting from Table A the symbol and figures “$18.50” and substituting the symbol and figures “$20.90 ”.

Schedule 5.

22. Schedule 5 to the Principal Act is amended by omitting the table in paragraph (1) and substituting the following table: —

Column 1	Column 2	Column 3
Description of Disability	Amount	Allowance
$ per	$ per
fortnight	fortnight
Two arms amputated .................................................	78.20	49.80
Two legs and one arm amputated..............................	78.20	29.40
Two legs amputated above the knee..........................	78.20	29.40
Two legs amputated and loss of eye...........................	78.20	..
One arm and one leg amputated and one eye destroyed ...................................................................	78.20	..
One leg and one arm amputated.................................	78.20	..
One leg amputated above, and one leg amputated below, the knee...........................................................	33.20	..
Two legs amputated below the knee..........................	22.40	..
One arm amputated and one eye destroyed...............	19.30	..
One leg amputated and one eye destroyed................	19.30	..
One leg amputated above the knee.............................	9.60	..
One leg amputated below the knee............................	5.10	..
One arm amputated above the elbow.........................	9.60	..
One arm amputated below the elbow.........................	5.10	..
Loss of vision in one eye............................................	7.50	..

Application of certain amendments.

23. In so far as an amendment made by this Part affects instalments of pensions or allowances, the amendment applies in relation to an instalment of a pension or an allowance falling due on the day on which this Act receives the Royal Assent, if that day is a pension pay-day, or, if it is not, on the first pension pay-day after that day, and to all subsequent instalments.

Questions decided by majority vote before Royal Assent.

24. (1) For the purposes of this section, each of the following Authorities is a prescribed Authority:—

(a) the Repatriation Commission;

(b) a Repatriation Board;

(c) a War Pensions Entitlement Appeal Tribunal;

(d) an Assessment Appeal Tribunal.

 

(2) Where, before the day on which this Act received the Royal Assent, a question arising at a meeting of a prescribed Authority was decided by a majority of votes of members present and voting, that question shall be deemed to have been as validly decided as if section 8, 15 or 77a of the Principal Act as amended by this Act, whichever is the relevant section, had been in force when the question was so decided.

 

PART III—AMENDMENTS OF THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962-1973

Citation.

25. (1) The Repatriation (Special Overseas Service) Act 1962-1973 is in this Part referred to as the Principal Act.

(2) The Principal Act, as amended by this Act, may be cited as the Repatriation (Special Overseas Service) Act 1962-1974.

Interpretation.

26.Section 3 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4) For the purposes of this Act, a person residing in Papua New Guinea immediately before it becomes an independent sovereign state shall, until he ceases so to reside, be deemed to be resident in Australia.”.

Extension of certain provisions of Repatriation Act.

27. Section 7 of the Principal Act is amended—

(a) by omitting from paragraph (e) of sub-section (3) the word “and”; and

(b) by inserting after paragraph (e) of sub-section (3) the following paragraph:—

“(ea) the reference in sub-section (5) of section 83 of the Repatriation Act to sub-section (2) of section 6 of that Act shall be read as a reference to sub-section (4) of section 3 of this Act; and”.

28. (1) After section 13 of the Principal Act the following section is inserted:—

Appropriation for pensions, &c.

“13a. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly—

(a) pensions;

(b) service pensions, allowances and transitional benefits under Division 5 of Part III of the Repatriation Act as applied by section 7; and

(c) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed—

(i) by the regulations; or

(ii) by reference to a rate or amount fixed by regulations under the Repatriation Act or by reference to that Act.”.

(2) The appropriation made by section 13a of the Principal Act as amended by this Act shall be deemed to have taken effect on 1 July 1974.

Regulations.

29. Section 14 of the Principal Act is amended by omitting sub-section (1c) and substituting the following sub-section:—

“(1c) Sub-section (1a) does not apply in relation to—

(a) medical treatment in respect of a condition giving rise to an incapacity in respect of which Australia—

(i) is liable to pay pension under this Act to the person;

(ii) would be so liable if the incapacity were great enough to warrant a pension assessment; or

(iii) would be so liable but for sub-section (9) of section 6; or

(b) medical treatment for a member of the Forces in respect of malignant neoplasia.”.

 

PART IV—AMENDMENTS OF THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956-1973

Citation.

30.(1) The Repatriation (Far East Strategic Reserve) Act 1956-1973 is in this Part referred to as the Principal Act.

(2) The Principal Act, as amended by this Act, may be cited as the Repatriation (Far East Strategic Reserve) Act 1956-1974.

31. (1) After section 12 of the Principal Act the following section is inserted: —

Appropriation for pensions, &c.

“12a. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly—

(a) pensions; and

(b) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed—

(i) by the regulations; or

(ii) by reference to a rate or amount fixed by regulations under the Repatriation Act or by reference to that Act.

(2) The appropriation made by section 12a of the Principal Act as amended by this Act shall be deemed to have taken effect on 1 July 1974.

Regulations.

32. Section 13 of the Principal Act is amended by omitting sub-section (1c) and substituting the following sub-section:—

“(1c) Sub-section (1a) does not apply in relation to—

(a) medical treatment in respect of a condition giving rise to an incapacity in respect of which Australia—

(i) is liable to pay pension under this Act to the person;

(iii) would be so liable if the incapacity were great enough to warrant a pension assessment; or

(iv) would be so liable but for sub-section (8) of section 6; or

(b) medical treatment for a member of the Forces in respect of malignant neoplasia.”.

 

PART V—AMENDMENTS OF THE INTERIM FORCES BENEFITS ACT 1947-1973

Citation.

33. (1) The Interim Forces Benefits Act 1947-1973 is in this Part referred to as the Principal Act.

(2) The Principal Act, as amended by this Act, may be cited as the Interim Forces Benefits Act 1947-1974.

34. (1) After section 8 of the Principal Act the following section is inserted:—

Appropriation for pensions, &c.

“8a. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly—

(a) pensions and other pecuniary benefits under the Repatriation Act 1920-1974 as extended by virtue of this Act; and

(b) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed—

(i) by the regulations; or

(ii) by reference to a rate or amount fixed by regulations under the Repatriation Act 1920-1974 or by reference to that Act.”.

(2) The appropriation made by section 8a of the Principal Act as amended by this Act shall be deemed to have taken effect on 1 July 1974.

Regulations.

35. Section 9 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section:—

“(4) Sub-section (2) does not apply in relation to—

(a) medical treatment in respect of a condition giving rise to an incapacity in respect of which Australia—

(i) is liable to pay pension under this Act to the person;

(ii) would be so liable if the incapacity were great enough to warrant a pension assessment; of

(iii) would be so liable but for paragraph (c) of the proviso to sub-section (1) of section 24, or paragraph (c) of the proviso to sub-section (1) of section 101, of the Repatriation Act 1920-1974, as extended by this Act; or

(b) medical treatment for a member of the Interim Forces in respect of malignant neoplasia.

 

PART VI—AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1973, AS AMENDED

Citation.

36. (1) The Seamen’s War Pensions and Allowances Act 1940-1973, as amended by the Seamen’s War Pensions and Allowances Act 1974, and by the Seamen’s War Pensions and Allowances Act (No. 2) 1974, is in this Part referred to as the Principal Act.

(2) Section 1 of the Seamen’s War Pensions and Allowances Act (No. 2) 1974 is amended by omitting sub-section (4).

(3) The Principal Act, as amended by this Act, may be cited as the Seamen’s War Pensions and Allowances Act 1940-1974.

Interpretation.

37. Section 3 of the Principal Act is amended by inserting in sub-section (1), before the definition of “Australian Mariner”, the following definitions:—

“‘Appeal Tribunal’ means a War Pensions Entitlement Appeal Tribunal established under the Repatriation Act 1920-1974;

‘Assessment Appeal Tribunal’ means an Assessment Appeal Tribunal established under the Repatriation Act 1920-1974;”.

Seamen’s Pensions and Allowances Committees.

38. Section 4 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(6) A question arising at a meeting of a Pensions Committee shall be decided by a majority of votes of members present and voting.”.

39. After section 8 of the Principal Act the following sections are inserted: —

Appeals to War Pensions Entitlement Appeal Tribunals.

“8aa. (1) A person who has claimed a pension or other benefit under this Act arising out of the incapacity or death of an Australian mariner and whose claim has been refused by the Commission on the grounds that—

(a) the mariner is not suffering from any incapacity; or

(b) the incapacity or death of the mariner is not directly attributable to a war injury sustained by the mariner,

may lodge with the person who is the prescribed person for the purposes of sub-section (1) of section 64 of the Repatriation Act 1920-1974 an appeal to an Appeal Tribunal against the determination of the Commission.

“(2) The person with whom an appeal is lodged under sub-section shall forward the appeal to the Commission, which shall transmit it to the Appeal Tribunal with the records in the possession of the Commission relating to the appellant.

“(3) Section 64 (other than sub-sections (1), (1a) and (2)) of the Repatriation Act 1920-1974 applies in relation to an appeal under sub-section (1) as if that appeal were an appeal under that section.

Appeals to Assessment Appeal Tribunals.

“8ab. (1) An Australian mariner—

(a) who is in receipt of a pension under this Act; or

(b) who is not in receipt of a pension under this Act but as to whom—

(i) the Commission, a Pensions Committee or an Appeal Tribunal has determined that he has an incapacity that is directly attributable to a war injury sustained by the mariner; and

(ii) the Commission or a Pensions Committee has decided that the incapacity is so slight that it does not warrant a pension assessment,

may, within 3 months after—

(c) the date of the notification of the assessment by the Commission or a Pensions Committee of his pension or the date of the notification of the refusal by the Commission or a Pensions Committee to alter the existing assessment; or

(d) the date of the notification by the Commission or a Pensions Committee that the incapacity of the mariner did not warrant a pension assessment,

or, if the appellant was at any time during that period a resident of the Torres Strait Islands, within a further 3 months after the expiration of that period, lodge with the person who is the prescribed person for the purposes of sub-section (1) of section 67 of the Repatriation Act 1920-1974 an appeal against the current assessment of the rate of his pension or against the decision that a pension assessment is not war­ranted, as the case may be.

“(2) The person with whom an appeal is lodged under sub-section (1) shall forward it to an Assessment Appeal Tribunal with all the records relative to the assessment appealed against or to the decision that a pension assessment was not warranted, as the case may be.

“(3) Sections 68, 69 and 71 of the Repatriation Act 1920-1974 apply in relation to an appeal under sub-section (1) as if that appeal were an appeal by a member of the Forces under section 67 of that Act.

“(4) For the purposes of the application, by virtue of sub-section (3) of this section, of the provisions of the Repatriation Act 1920-1974 referred to in that sub-section—

(a) a reference in those provisions to a Repatriation Board shall be read as a reference to a Pensions Committee;

(b) a reference in those provisions to Division 3 of Part III of the Repatriation Act 1920-1974 shall be read as a reference to this section;

(c) a reference in those provisions to the Repatriation Act1920-1974 shall be read as a reference to this Act; and

(d) a reference in those provisions to a pension shall be read as a reference to a pension under this Act.

Application or certain provisions of the Repatriation Act.

“8ac. (1) Division 4 of Part III of the Repatriation Act 1920-1974—

(a) applies in relation to an appeal under section 8aa of this Act as if that appeal were an appeal under section 64 of that Act; and

(b) applies in relation to an appeal under section 8ab of this Act as if that appeal were an appeal under section 67 of that Act.

“(2) For the purposes of the application, by virtue of sub-section (1) of this section, of Division 4 of Part III of the Repatriation Act 1920-1974—

(a) a reference in that Division to a Repatriation Board shall be read as a reference to a Pensions Committee;

(b) a reference in that Division to a pension shall be read as a reference to a pension under this Act; and

(c) a reference in that Division to a member of the Forces shall be read as a reference to an Australian mariner. ”.

Form of determination.

40. Section 8a of the Principal Act is amended—

(a) by adding at the end of sub-section (1) the following paragraphs:—

“(c) the Appeal Tribunals;

(d) the Assessment Appeal Tribunals.”; and

(b) by inserting in the definition of “claimant” in sub-section (4), after the word “appellant”, the words “(including a person who is to be treated as an appellant by virtue of sub-section (4b) of section 72 of the Repatriation Act 1920-1974 as applied by virtue of section 8ac of this Act)

41. Section 14 of the Principal Act is repealed and the following section substituted: —

Medical reports.

“14. (1) A medical practitioner shall, in reporting on any claim in relation to an Australian mariner, set out in his report his opinion—

(a) in the case of a claim in respect of the death of the mariner—as to the cause of the death; and

(b) in the case of a claim in respect of the incapacity of the mariner—as to the nature, cause and extent of the incapacity.

“(2) Where a medical practitioner entertains a doubt concerning a matter upon which he is required, under sub-section (1), to report, he shall state in his report that he entertains that doubt and shall indicate, so far as practicable, the nature and extent of that doubt.

“(3) This section applies in relation to a medical practitioner, whether an officer of the Department of Repatriation and Compensation or not, who is required by the Commission, a Pensions Committee or an Appeal Tribunal to report on a claim.”,

Rate of pension on death or total incapacity.

42. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (4a) the words “Eighty-two dollars ten cents” and substituting the symbol and figures “$89.10”; and

(b) by omitting sub-sections (7) and (8) and substituting the following sub-sections: —

“(7) The rate of pension payable to children of an Australian mariner is—

(a) in the case of his death—$20.90 per fortnight in respect of each child; or

(b) in the case of his total incapacity—$2.75 per fortnight in respect of each child.

“(8) Notwithstanding anything contained in sub-section (7), where the mother of the children of a deceased Australian mariner is dead, the rate of pension payable in respect of each of those children is $41.80 per fortnight. ’

Medical certificates.

43. Section 32 of the Principal Act is repealed.

44. (1) Section 56 of the Principal Act is repealed and the following section substituted:—

Appropriation for pensions, &c.

“56. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly—

(a) pensions, allowances and gratuities under this Act; and

(b) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed by the regulations or by reference to this Act.

(2) The appropriation made by section 56 of the Principal Act as amended by this Act shall be deemed to have taken effect on 1 July 1974.

Schedules 1 and 2.

45. Schedules 1 and 2 to the Principal Act are repealed and the following Schedules substituted: —

SCHEDULE 1 Section 18

GENERAL PENSION RATES—DEATH OR TOTAL INCAPACITY

Column 1	Column 2	Column 3
Rate of pension payable per fortnight to widow on death of Australian mariner	Aggregate of rates of pensions payable per fortnight to dependants other than widow and children on death of Australian mariner	Rate of pension payable per fortnight to Australian mariner on total incapacity
$	$	$
62.00	17.60	50.00

__________________

  

SCHEDULE 2

ALLOWNCE FOR ATTENDANT

Column 1

Column 2

Description of disability

Allowance for attendant

Blind or with eyesight so defective as to have no useful sight .......

$

29.40

An injury affecting the cerebro-spinal system or causing incapacity similar in effect and severity............................................................

29.40

Loss of two arms..............................................................................

49.80

Loss of two legs and one arm..........................................................

29.40

Loss of one leg at the hip and of the other either at the hip or in the upper third........................................................................................

29.40

Application of certain amendments.

46. In so far as an amendment made by this Part affects instalments of pensions or allowances, the amendment applies in relation to an instalment of a pension or an allowance falling due on the day on which this Act receives the Royal Assent, if that day is a pension pay-day, or, if it is not, on the first pension pay-day after that day, and to all subsequent instalments.

Questions decided by majority vote before Royal Assent.

47.Where, before the day on which this Act received the Royal Assent, a question arising at a meeting of a Seamen’s Pensions and Allowances Committee was decided by a majority of votes of members present and voting, that question shall be deemed to have been as validly decided as if section 4 of the Principal Act as amended by this Act had been in force when the question was so decided.

 

PART VII—AMENDMENTS OF THE NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972

Citation.

48. (1) The Native Members of the Forces Benefits Act 1957-1972 is in this Part referred to as the Principal Act.

(2) The Principal Act, as amended by this Act, may be cited as the Papua New Guinea (Members of the Forces Benefits) Act 1957-1974.

Title.

49. The title of the Principal Act is amended by omitting the word “Natives” and substituting the words “Indigenous Inhabitants of Papua New Guinea”.

Definitions.

50. Section 3 of the Principal Act is amended by omitting the definition of “native member of the Forces” and substituting the following definition:—

“‘member of the Forces’ means a male indigenous inhabitant of Papua New Guinea or of an island in the Pacific Ocean (other than an island forming part of the territory of a State) who served during the war in the Defence Force at a rate of pay less than the minimum rate of pay that was prescribed as payable to a male member of the Australian Military Forces and whose service has been terminated by discharge or death;”.

Omission of word “native” from certain provisions.

51. Sections 4, 5, 6 and 7 of the Principal Act are amended by omitting the word “native” (wherever occurring).

Appropriation for pensions, &c.

52. (1) After section 8 of the Principal Act the following section is inserted:—

“8a. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, pensions, allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed—

(a) by the regulations;

(b) by reference to a rate or amount fixed by the regulations; or

(c) by reference to a rate or amount fixed by regulations under the Repatriation Act 1920-1974.”.

(2) The appropriation made by section 8a of the Principal Act as amended by this Act shall be deemed to have taken effect on 1 July 1974.

Regulations.

53. Section 9 of the Principal Act is amended—

(a) by adding at the end of paragraph (a) of sub-section (1) the word “and”;

(b) by omitting from paragraph (b) of sub-section (1) the word “native”;

(c) by omitting from paragraph (b) of sub-section (1) the word “and ” (last occurring);

(d) by omitting paragraph (c) of sub-section (1); and

(e) by omitting from sub-sections (2) and (3) the word “native” (wherever occurring).