Repatriation Acts Amendment Act 1978

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Legislation au C2004A01928 Not in force Act

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REPATRIATION ACTS AMENDMENT ACT 1978

No. 129 of 1978

An Act relating to Repatriation and related matters.

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

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Repatriation Acts Amendment Act 1978.

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) The following sections and Part VII shall come into operation on 1 November 1978:

Sections 5, 6, 7, 8, 9, 10, 11, 13, 17, 20, 21, 22, 24, 27, 31, 33, 34 and 36.

PART II—AMENDMENTS OF THE REPATRIATION ACT 1920

Principal Act

3. The Repatriation Act 1920 is in this Part referred to as the Principal Act.

Interpretation

4. Section 6 of the Principal Act is amended by omitting from sub-section (1) the definition of “organization representing returned soldiers” and substituting the following definition:

“‘organization representing returned soldiers’ means—

 

(a) an organization representing persons who are members of the Forces as defined by section 23, 100 or 107b; or

 

(b) an organization representing persons who are members of the Forces as defined by section 105 or 107f,

and includes an organization representing persons who were dependants of deceased members of the Forces, as defined by section 23, 100, 105, 107b or 107f, at the time of the deaths of those members;”.

Duties of Boards

5. Section 27 of the Principal Act is amended by omitting paragraphs (i) and (j) of sub-section (1) and substituting the following word and paragraph:

 

“and (j) determining whether a member of the Forces is permanently unemployable.”.

Variation of rate of pension

6. Section 35aaa of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “relevant period” and substituting the following definition:

 

“‘relevant period’ means the period of 12 months commencing on 1 November 1979, and each subsequent period of 12 months;”; and

 


(b) by omitting paragraph (a) of sub-section (5) and substituting the following paragraph:

 

“(a) is the number, calculated to 3 decimal places, ascertained by dividing the index number for the last preceding June quarter by the highest index number in respect of any other preceding June quarter, being such a quarter in the year 1978 or any subsequent year; or”.

Pension for pulmonary tuberculosis

7. Section 37 of the Principal Act is repealed.

Appeals

8. Section 64 of the Principal Act is amended—

(a) by omitting from sub-section (1) “or a pension payable by virtue of sub-section (3) of section 37”;

(b) by omitting sub-section (1a); and

 

(c) by omitting from sub-section (2) “either of the last two preceding sub-sections” and substituting “sub-section (1)”.

Assessment Appeal Tribunals

9. Section…

Overview

The Repatriation Acts Amendment Act 1978 (No. 129 of 1978) was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. This legislation addresses amendments to the Repatriation Act 1920, as well as related Acts, primarily to refine the definitions, responsibilities, and pension rates for members of the Australian Defence Force and their dependants. The amendments encompass adjustments to definitions, the determination of permanent unemployability, the variation of pension rates based on income, and the extension of certain provisions to new categories of members of the Forces. The policy objective behind these amendments appears to be to ensure that the provisions of the Repatriation Acts remain relevant and accurately reflect the current needs of those who served in the Defence Force, particularly in relation to pensions and allowances.

Scope and Application

The Repatriation Acts Amendment Act 1978 is an Act of the Commonwealth of Australia that amends several existing Repatriation Acts, including the Repatriation Act 1920, the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation (Special Overseas Service) Act 1962, the Repatriation (Torres Strait Islanders) Act 1972, and the Seamen’s War Pensions and Allowances Act 1940. The Act applies to members of the Australian Defence Force, their dependants, and other individuals eligible for repatriation benefits under the specified Acts. It extends to the entire Commonwealth of Australia and includes provisions that may be further defined or applied through subordinate legislation. The Act contains several exclusions and thresholds, such as the age limit for children to be considered dependants for the purposes of benefits, and it specifies conditions under which certain pensions and allowances are not applicable. For example, pensions for pulmonary tuberculosis are no longer applicable, and certain rates and definitions have been updated. The Act also provides for the continuation of certain pensions and service pensions that were in effect prior to the amendments, with specific provisions for claims and appeals related to those pensions. The Act does not specify any particular exemptions from its provisions but includes detailed rules regarding the determination of eligibility and the calculation of benefits.

Key Provisions

  • The Repatriation Acts Amendment Act 1978 amends several aspects of the Repatriation Act 1920, the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation (Special Overseas Service) Act 1962, the Repatriation (Torres Strait Islanders) Act 1972, and the Seamen’s War Pensions and Allowances Act 1940. These changes primarily focus on pension definitions, rates, and the application of certain provisions to various groups of service members and their dependants. For instance, Section 4 of the Act amends the definition of "organization representing returned soldiers" to include organizations representing persons who are members of the Forces or their dependants (Section 4). The Act also modifies the duties of Boards, such as determining whether a member of the Forces is permanently unemployable (Section 5).
  • The Act imposes specific obligations on parties, including the requirement for Boards to assess the employability status of service members (Section 5). Additionally, it mandates that certain pensions and allowances be subject to specific deductions and notifications (Sections 16 and 18). Furthermore, the Act sets out clear definitions for terms such as "member of the Forces," "pension," and "service pension" (Section 37).
  • For breaches of the provisions set out in this Act, the consequences can include civil or criminal penalties, although specific penalties are not detailed within the provided excerpt. The Act does, however, outline various amendments to pension rates and conditions, ensuring that certain pensions, particularly those related to pulmonary tuberculosis, continue to be paid at pre-amendment rates (Sections 38-41). This ensures that any existing claims or applications for such pensions are honoured according to the previous legislation.

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Area of Law
Administrative Law
Social Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Enforcement Powers
Compliance Obligations
Review & Sunset Clauses

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.