Repatriation Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 151

REGULATIONS UNDER THE REPATRIATION ACT 1920-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Repatriation Act 1920-1973.

Dated this second day of August, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations 

Commencement.

1. Subject to regulation 4 (2), these Regulations shall be deemed to have come into operation on the day on which the Repatriation Act 1973 received the Royal Assent.

Definitions.

2. Regulation 5 of the Repatriation Regulations is amended—

(a) by omitting from the definition of “child”, the words “, but not including an ex-nuptial child born more than nine months after the termination of the member’s war service, unless the member has adopted the child”;

(b) by adding at the end of the definition of “deceased unmarried member” the words “but does not include a deceased member with respect to whom a dependent female is receiving a pension under the Act”;

(c) by omitting the definition of “widow” and substituting the following definition:—

“‘widow’ means the widow of a deceased member and includes—

(a) a dependent female, as defined in section 23 of the Act, of a deceased member; and

 

* Notified in the Australian Government Gazette on 9 August 1973.

  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; and 1973, No. 25.

 

(b) a person who is eligible for war pension under section 42 of the Act in respect of the death of a member;” and

(d) by omitting the definition of “wife” and substituting the following definition:—

“‘wife’ means the wife of a member and includes—

(a) a dependent female, as defined in section 23 of the Act, of a living member; and

(b) a person who is eligible for war pension under section 42 of the Act in respect of the incapacity of a member.”.

Payment of undrawn instalment of pension of deceased pensioner.

3. Regulation 24 of the Repatriation Regulations is repealed.

Repeal of regulations 33 and 34b.

4. (1) Regulations 33 and 34b of the Repatriation Regulations are repealed.

(2) This regulation shall be deemed to have come into operation on the date of commencement of the Repatriation Act (No. 2) 1973.

Sustenance allowance while undergoing medical treatment.

5. Regulation 71 of the Repatriation Regulations is amended by omitting sub-regulation (5) and substituting the following sub-regulation:—

“(5) In this regulation, ‘child’, in relation to a member, has the same meaning as in Part III of the Act.”.

Medical treatment for widows, &c.

6. Regulation 73 of the Repatriation Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) In this regulation, ‘child’, in relation to a member, has the same meaning as in Part III of the Act, and includes a person who is in receipt of a pension under sub-section (4) of section 39 of the Act.”.

Allowance to re-married widow of a deceased member who is again widowed.

7. Regulation 176 of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) In this regulation, ‘child’, in relation to the widow of a deceased member, means a child of the deceased member, being a child within the meaning of Part III of the Act.”.

Allowance in respect of certain ex-nuptial children.

8. Regulation 176a of the Repatriation Regulations is repealed.

Allowance to certain widows.

9. Regulation 176d of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) In this regulation, ‘child’, in relation to the widow of a deceased member, means a child who is the child of the deceased member,”.

Funeral expenses.

10. Regulation 179 of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3) In this regulation, ‘child’, in relation to a member, has the same meaning as in Part III of the Act.”.

 

Funeral benefits—service pensioners.

11. Regulation 179a of the Repatriation Regulations is amended by omitting the definition of “child” in sub-regulation (1) and substituting the following definition:—

“‘child’, in relation to a member, has the same meaning as in section 83 of the Act;”.

Extension of certain provisions to 1914-1918 members (general service).

12. Regulation 193 of the Repatriation Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) The provisions of Parts III, IV, VII, IX, X and XI (except regulations 177, 178 and 180) and of regulation 104a apply to and in relation to 1914-1918 members (general service), and, for the purposes of those provisions in their extended application, a reference to a member shall be read as a reference to a 1914-1918 member (general service).”.

Extension of certain provisions to 1914-1918 members (home service).

13. Regulation 194 of the Repatriation Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) The provisions of Parts III, IV, IX and XI (except regulations 176, 177, 178, 180 and 181 and sub-regulation (2) of regulation 179) and of regulation 104a apply to and in relation to 1914-1918 members (home service), and, for the purposes of those provisions in their extended application, a reference to a member shall be read as a reference to a 1914-1918 member (home service).”.

Extension of certain provisions to women members of the Forces.

14. Regulation 196 of the Repatriation Regulations is amended—

(a) by inserting after paragraph (a) of sub-regulation (2) the word “and”;

(b) by omitting paragraph (c) of sub-regulation (2);

(c) by omitting sub-regulation (2a); and

(d) by omitting sub-regulation (3) and substituting the following sub-regulation:—

“(3) Notwithstanding anything contained in sub-regulation (2b), for the purpose of the extended application of Part VII, although a child is not actually without adequate means of support, the Commission may determine that special circumstances warrant the child being regarded as an eligible child for the purposes of Part VII and, upon that determination, the provisions of Part VII apply accordingly.”.

South African veterans.

15.