Repatriation Regulations (Amendment) (Cth)
REGULATIONS UNDER THE REPATRIATION ACT 1920-1975.*
I, THE GOVERNOR-GENERAL of
Australia, acting with the advice of the Executive Council, hereby make the
following Regulations under the
Dated this twenty-ninth day of May, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
JOHN M. WHEELDON
Minister of State for Repatriation and Compensation.
__________
Amendments of the Repatriation Regulations
“Part I—Preliminary (Regulations 1-5)”,
and substituting the words—
“Part I—Preliminary (Regulations 1-5a)”.
“5a. The matters referred to in sub-paragraphs 27 (1) (a) (i), (ii), (iii) and (iv) of the Act are prescribed matters for the purposes of section 47a of the Act.”.
“13. (1) Where a Deputy Commissioner receives a claim he shall note on it the date on which he received it and shall arrange for that claim to be investigated.
“(2) A Deputy Commissioner shall, after the completion of an investigation of a claim referred to in sub-regulation (1), submit that claim, together with any report or information relating to that claim, to a Board or to the Commission.
“14. Section 47a of the Act applies in relation to the Repatriation Boards.
*
Notified in the
Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48, 1946, No. 182; 1947, Nos. 72, 106, 149 and 169; 1948, Nos. 38. 43, 80, 135 and 137; 1950, No. 96; 1951, Nos. 7 and 58; 1952, Nos. 7, 88 and 101; 1953, No. 6; 1956, Nos. 32, 73 and 101; 1958, No. 22; 1960, Nos. 56 and 60; 1961, Nos. 74 and 139; 1962, No. 93; 1963, Nos. 57 and 104; 1965, No. 124; 1966, Nos. 65 and 168; 1967, No. 150; 1968, No. 122; 1969, No. 178; 1970, No. 150; 1972, Nos. 180 and 186; 1973, Nos. 25, 151 and 282; and 1974, No. 57.
“14aa. Subject to section 47a of the Act, a Board shall, in respect of each claim decided by it—
(a) file the decision with the records of the case; and
(b) furnish a copy of the decision to the claimant or to a person authorized by the claimant.”.
(a) by omitting from paragraph (a) of sub-regulation (2) the words “for a period of less than one day”;
(b) by omitting from paragraph (b) of sub-regulation (2) the words “for that period or part of that period”;
(c) by omitting from paragraph (c) of sub-regulation (2) the word “by reason of his absence from employment on that day” and substituting the words “as a result of his attendance”;
(d) by omitting from sub-regulation (2) the words “the next succeeding sub-regulation” and substituting the words “sub-regulations (3) and (4a)”;
(e) by omitting from paragraph (a) of sub-regulation (3) the word “day” and substituting the words “day or days”;
(f) by omitting from paragraph (b) of sub-regulation (3) the word “day” and substituting the words “day or those days”;
(g) by omitting from paragraph (c) of sub-regulation (3) the word “day” and substituting the words “day or those days”;
(h) by omitting from paragraph (a) of sub-regulation (4) the words “a period of less than one day” and substituting the words “any period”;
(i) by inserting in sub-regulation (4) after the words “appellant is” the words “,subject to sub-regulation (4a),”;
(j) by inserting after sub-regulation (4) the following sub-regulation:—
“(4a) Where an appellant is entitled to be paid sustenance allowance under regulation 71 or 72 for a period, he shall not be entitled to be paid an allowance under sub-regulation (2) or (4) in respect of his attendance before the Tribunal during that period.”;
(k) by omitting from sub-regulation (5) the words “Subject to the next two succeeding sub-regulations, the” and substituting the word “The”;
(l) by omitting from sub-regulation (5) the words “a period” and substituting the words “the attendance of an appellant at a sitting of a Tribunal”;
(m) by omitting paragraph (a) of sub-regulation (5) and substituting the following paragraph:—
“(a) an amount calculated in accordance with the formula A, where:—
A is the number of hours in the period in respect of which the appellant loses salary, wages or earnings; and
B is the Special Rate of Pension that may be granted under Schedule 2 of the Act to members who are totally and permanently incapacitated; and
C is the total of any amounts payable to the appellant in respect of the period by way of war pension in respect of the incapacity of the appellant (other than the amount of any allowance paid or payable to the appellant in accordance with Schedule 2 or 5 of the Act): or”;
(n) by omitting paragraph (b) of sub-regulation (5);
(o) by omitting from sub-paragraph (ii) of paragraph (c) of sub-regulation (5) the words “the last preceding sub-regulation” and substituting the words “sub-regulation (4)”;
(p) by omitting from sub-regulation (5) all words from and including the word “least” and substituting the words “lesser amount”; and
(q) by omitting sub-regulations (6) and (7).
(a) by omitting from paragraph (a) of sub-regulation (2) the words “Nineteen dollars sixty-five cents” and substituting the figures “$22.50”; and
(b) by omitting from paragraph (b) of sub-regulation (2) the words “Fourteen dollars seventy-five cents” and substituting the figures “$17.00”.
“(aa) a member who was interned as a prisoner of war;”.
“(a) where the amount is payable in respect of travelling to or returning from a Capital City—
(i) if the person and his attendant so travel—$45.00 per day; or
(ii) in any other case—$22.50 per day; or
“(b) where the amount is payable in respect of travelling to or returning from a place other than a Capital City—
(i) if the person and his attendant so travel—$34.00 per day; or
(ii) in any other case—$17.00 per day;”.
“(a) where the amount is payable in respect of travelling to or returning from a Capital City—
(i) if the person and his attendant so travel—$45.00 per day; or
(ii) in any other case—$22.50 per day; or
“(b) where the amount is payable in respect of travelling to or returning from a place other than a Capital City—
(i) if the person and his attendant so travel—$34.00 per day; or
(ii) in any other case—$17.00 per day.”.
“(2) Where a member to whom this regulation applies is required by a Deputy Commissioner to attend at the appointed place in accordance with sub-regulation (1), he is entitled to be paid an allowance in respect of that attendance at the same rate and subject to the same conditions as if he were, in respect of that attendance, entitled to be paid an allowance under sub-regulation 46a (2) or (4).”.
(a) by omitting from sub-regulation (2) the words “Thirty-two dollars” and substituting the figures “$36.00”; and
(b) by omitting from sub-regulation (3) the words “Sixteen dollars” and substituting the figures “$18.00”.
“180. (1) This regulation applies to a member who—
(a) is receiving a pension under a provision of the Act in respect of incapacity; or
(b) would, but for the operation of a provision of the Act specified in sub-regulation 66 (2), have been entitled to receive a rate of war pension.
“(2) A member to whom this regulation applies who is, or has been, awarded a decoration for gallantry during a war or warlike operation, or the George Cross or George Medal, shall, subject to and in accordance with this regulation, be paid an allowance, called decoration allowance, in respect of the award of the decoration.
“(3) The rate at which decoration allowance is payable is $2.00 per fortnight.
“(4) Where a member to whom this regulation applies at the date of commencement of this sub-regulation has, prior to that date, been paid any amount by way of gratuity by Australia, a State or an overseas country in respect of the award of a decoration, being a decoration in respect of which decoration allowance would, but for this sub-regulation, have been payable to the member, decoration allowance is not payable on and after that date until such time as the total of so much of decoration allowance as would, but for this sub-regulation, have been payable to the member is not less than the amount so paid by way of gratuity.
“(5) Where a member to whom this regulation applies is paid any amount by way of gratuity by Australia, a State or an overseas country in respect of the award of a decoration, being a decoration in respect of which decoration allowance would, but for this sub-regulation, have been payable to the member, decoration allowance is not payable on and after the date on which payment of that gratuity is made until such time as the total of so much of decoration allowance as would, but for this sub-regulation, have been payable to the member is not less than the amount so paid by way of gratuity.
“(6) Where a member to whom this regulation applies has been awarded more than one decoration and in respect of each of which would, but for this sub-regulation, be entitled to be paid decoration allowance, he shall, for the purposes of this regulation, be treated as if he had been awarded only one of those decorations.
“(7) Decoration allowance is not payable to a member to whom this regulation applies in respect of any period in respect of which he is entitled to be paid an allowance or annuity, being an allowance or annuity similar to decoration allowance, by an overseas country.
“(8) In this regulation, ‘decoration’ means—
(a) the Victoria Cross;
(b) the Distinguished Service Order;
(c) the Distinguished Service Cross;
(d) the Distinguished Flying Cross;
(e) the Military Cross;
(f) the Distinguished Conduct Medal;
(g) the Conspicuous Gallantry Medal;
(h) the Distinguished Flying Medal; or
(j) the Military Medal,
but does not include a bar to any of the above-mentioned decorations.
“180aa. (1) A member who is, or has been, awarded the Victoria Cross shall, in addition to any decoration allowance payable to the member under regulation 180 in respect of the award, be paid, subject to and in accordance with this regulation, an allowance, called ‘Victoria Cross allowance’, in respect of the award.
“(2) The rate at which Victoria Cross allowance is payable is $250.00 per year.
“(3) Victoria Cross allowance is not payable to a member in respect of any period in respect of which he is entitled to be paid an allowance or annuity, being an allowance similar to Victoria Cross allowance, by Australia or an overseas country.
“(4) Victoria Cross allowance is not payable in respect of the award to a member of a bar to the Victoria Cross.”.
(2) Regulations 2, 3 and 4 shall be deemed to have come into operation on 1 January 1975.
(3) Regulation 13 shall be deemed to have come into operation on the first pension pay-day after 31 October 1974.
0
0
0