Repatriation Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 2971

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Repatriation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920.

Dated 28 October 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

TONY MESSNER

Minister of State for Veterans’ Affairs

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Commencement

1. (1) Subject to sub-regulation (2), these Regulations shall come into operation on 1 November 1982.

(2) Regulation 3 shall come into operation on 11 November 1982.

Interpretation

2. Regulation 5 of the Repatriation Regulations is amended by omitting from sub-regulation (1) the definition of “member” and substituting the following definition:

“ ‘member’ means a member of the Forces within the meaning of section 100 of the Act and includes a person to whom section 102 of the Act applies;”.

Treatment for disease, &c., not due to war service

3. Regulation 66 of the Repatriation Regulations is amended by inserting after paragraph (1) (ab) the following paragraph:

“(ac) a member of the Forces within the meaning of section 100 or 105 of the Act, or a person to whom section 102 or 107 of the Act applies, who is receiving—

(i) a service pension; and

(ii) not less than 50 per cent of the general rate of pension payable upon total incapacity under Schedule 1 to the Act;”.

Medical treatment for widows, &c.

4. Regulation 73 of the Repatriation Regulations is amended by omitting from sub-regulation (2) “(4) of section 39” and substituting “39 (4) or 46a (1)’’.

Interpretation—Part VII

5. Regulation 85 of the Repatriation Regulations is amended by adding at the end of the definition of “eligible child”, after paragraph (d) —

“, and includes a child entitled to receive a pension under sub-section 46a (1) of the Act”.

Severely incapacitated members

6. Regulation 104a is amended—

(a) by omitting from sub-regulation (2) “$48” and substituting “$53”; and

(b) by omitting from sub-regulation (3) “$24” and substituting “$26.50”.

Funeral expenses

7. Regulation 179 of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) “$400” and substituting “$500”;

(b) by omitting from sub-regulation (2) “$400” and substituting “$500”; and

(c) by adding at the end of sub-regulation (3) “and includes a child entitled to receive a pension under sub-section 46a (1) of the Act”.

Clothing allowance

8. Regulation 180a of the Repatriation Regulations is amended—

(a) by omitting from Column 2 of the table in sub-regulation (1) “3.60”, “1.70” and “2.40” (wherever occurring) and substituting “4.00”, “ 1.90” and “2.60” respectively;

(b) by omitting from sub-regulation (2) “$3.60” (wherever occurring) and substituting “$4”; and

(c) by omitting from sub-regulation (4) “$44.20” and substituting “$49.40”.

South African veterans

9. Regulation 197 of the Repatriation Regulations is amended by omitting “$400” and substituting “$500”.

 

Application

10. (1) The amendments effected by regulation 6 apply in respect of an instalment of allowance falling due on 1 November 1982 and to all subsequent instalments.

(2) The amendments effected by paragraphs 7 (a) and (b) and regulation 10 apply in respect of funeral expenses of persons whose deaths occur on or after 1 November 1982.

(3) The amendments effected by paragraphs 8 (a) and (b) apply in respect of an instalment of allowance falling due on 11 November 1982 and to all subsequent instalments.

(4) The amendment effected by paragraph 8 (c) applies in respect of an amount payable on or after 11 November 1982.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 October 1982.

2. Statutory Rules 1943 No. 233 as amended by 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; 1974 No. 57; 1975 No. 93; 1977 No. 167; 1978 No. 184; 1979 Nos. 53, 116, 172 and 223; 1980 No. 321; 1981 No. 310.