Repatriation Regulations (Amendment) (Cth)
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
Dated this eighteenth day of December, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
R. BISHOP
Minister of State for Repatriation.
Amendments of the Repatriation Regulations
“ Part XIV—Extension of Application of Regulations to Persons who are Members of the Forces within the meaning of Division 10 of Part III of the Act (Regulation 200).”.
(a) by omitting from paragraph (a) of sub-regulation (2) the words “ Seventeen dollars sixty-five cents ” and substituting the words “ Nineteen dollars sixty-five cents ”; and
(b) by omitting from paragraph (b) of sub-regulation (2) the words “ Thirteen dollars five cents ” and substituting the words “ Fourteen dollars seventy-five cents ”.
“ 65a. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide, whether in hospitals or other institutions referred to in section 120d of the Act or independently of those hospitals or other institutions, medical treatment for malignant neoplasia for persons who
* 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; and 1973, Nos. 25 and 151.
have served in a theatre of war within the meaning of Part III of
the Act, have served on Malayan service within the meaning of the
(a) by omitting paragraphs (b) and (c) of sub-regulation (1) and substituting the following paragraphs:—
“ (b) a person to whom sub-section (2) of section 108 of the Act applies; or
(c) a person to whom section 120 of the Act applies. ”;
(b) by omitting paragraphs (c) and (d) of sub-regulation (2) and substituting the following paragraphs:—
“ (c) paragraph (c) of the proviso to sub-section (1) of section 101 of the Act;
(d) sub-section (6) of section 107c of the Act;
(e) sub-section (3) of section 107q of the Act; or
(f) section 107r of the Act, ”; and
(c) by omitting sub-regulations (3), (3a), (4) and (5).
“ 66a. (1) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment in a hospital or other institution referred to in section 120d of the Act for a person referred to in paragraph (a) of sub-section (1ab) of section 124 of the Act in respect of a disease, disability or condition for which that person is not otherwise eligible for medical treatment under these Regulations.
“ (2) Medical treatment may be provided under this regulation only if the provision of such treatment does not adversely affect the provision of medical treatment for which—
(a) any person referred to in sub-regulation (1) is eligible under any other provision of these Regulations; or
(b) any person is eligible under the provisions of—
(i) the Interim Forces Benefits Regulations, other than regulation 7a;
(ii) the Repatriation (Far East Strategic Reserve) Regulations, other than regulation 32a;
(iii) the Repatriation (Special Overseas Service) Regulations, other than regulation 32a; or
(iv) the Seamen’s War Pensions and Allowances Regulations, other than regulation 26b,
as in force for the time being.
“ 66b. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment in a hospital or other institution referred to in section 120d of the Act for a person to whom paragraph (b) of sub-section (1ab) of section 124 of the Act applies in respect of which that person is not otherwise eligible under these Regulations.”.
“ 70. (1) Where a Deputy Commissioner considers that the renewal of, or repairs to, an artificial replacement, surgical or other aid or appliance, has or have been rendered necessary by the carelessness or wilful act of the person using or wearing the replacement, aid or appliance, the Deputy Commissioner may—
(a) refuse to arrange for the necessary renewal of, or repairs to, the replacement, aid or appliance; or
(b) arrange for the renewal of, or repairs to, the replacement, aid or appliance and direct that payment for such renewal, or repairs, as the case may be, shall be made in accordance with sub-section (1a) of section 124 of the Act.
“ (2) Except as otherwise determined by the Commission, any artificial replacement, surgical or other aid or appliance supplied to a person under this Part, shall remain the property of the Commission, and the Commission may, at any time, if not satisfied that the replacement, aid or appliance is being put to proper use, require its return.”.
“ 70a. Where medical treatment is provided to a person under these Regulations and—
(a) the person (whether before, during or after the provision of the treatment) recovers or receives; or
(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies the person that he is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,
the whole or a part of the cost of the treatment, by way of damages or compensation, from another person, payment for that treatment shall be made in accordance with sub-section (1a) of section 124 of the Act.”.
(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (4) the words “ Thirty-five dollars thirty cents ” and substituting the words “ Thirty-nine dollars thirty cents ”;
(b) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (4) the words “ Seventeen dollars sixty-five cents ” and substituting the words “ Nineteen dollars sixty-five cents ”;
(c) by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (4) the words “ Twenty-six dollars ten cents ” and substituting the words “ Twenty-nine dollars fifty cents ”; and
(d) by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (4) the words “ Thirteen dollars and five cents ” and substituting the words “ Fourteen dollars seventy-five cents ”.
(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (4) the words “ Thirty-five dollars thirty cents ” and substituting the words “ Thirty-nine dollars thirty cents ”;
(b) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (4) the words “ Seventeen dollars sixty-five cents ” and substituting the words “ Nineteen dollars sixty-five cents ”;
(c) by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (4) the words “ Twenty-six dollars ten cents ” and substituting the words “ Twenty-nine dollars fifty cents ”; and
(d) by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (4) the words “ Thirteen dollars and five cents ” and substituting the words “ Fourteen dollars seventy-five cents ”.
(a) by omitting from sub-regulation (2) the words “ Twenty-five dollars ” and substituting the words “ Thirty-two dollars ”; and
(b) by omitting from sub-regulation (3) the words “ Twelve dollars fifty cents ” and substituting the words “ Sixteen dollars ”.
Column 1 | Column 2 |
Description of Disability | Rate per fortnight |
$ | |
One leg and one arm amputated .................................................................................... | 2.10 |
One leg or one arm amputated ...................................................................................... | 1.10 |
Both legs or both arms amputated ................................................................................. | 1.40 |
One leg amputated (causing essential hip disarticulation) ............................................... | 1.40 |
(2) Regulation 180a of the Repatriation Regulations is amended—
(a) by omitting from sub-regulation (2) the words “ One dollar seventy cents ” (wherever occurring) and substituting the words “ Two dollars ten cents ”; and
(b) by omitting from sub-regulation (4) the words “ Twenty-two dollars ten cents ” and substituting the words “ Twenty-eight dollars sixty cents ”.
“ Part XIV—Extension of Application of Regulations to Persons who are Members of the Forces within the meaning of Division 10 of Part III of the Act
“ 200. (1) In this regulation—
‘ member ’ means a member of the Forces within the meaning of Division 10 of Part III of the Act;
‘ dependant ’ means a dependant specified in paragraph (b) of subsection (2) of section 107h of the Act and includes a woman referred to in section 107p of the Act.
“ (2) The provisions of regulations 9, 10, 11, 14a, 26 and 27, Division 3 of Part II, Division 1 of Part III, Part IV (except regulations 65 and 65a and paragraph (b) of sub-regulation (11 of regulation 71), Part Va, Part VII, regulation 104a and Part XI (except regulations 176, 177 and 178, paragraphs (c) and (d) of sub-regulation (2) of regulation 179 and regulation 179a), shall, subject to this regulation, apply to and in relation to members, and to dependants, within the meaning of this regulation, and for the purposes of these provisions in their extended application—
(a) any reference to a member shall be read as a reference to a member within the meaning of this regulation;
(b) any reference to a dependant shall be read as a reference to a dependant within the meaning of this regulation;
(c) any reference to a wife shall be read as a reference to the wife of a member within the meaning of this regulation and includes a person to whom section 107p of the Act applies in relation to a living member within the meaning of this regulation;
(d) any reference to a widow shall be read as a reference to the widow of a deceased member within the meaning of this regulation and includes a person to whom section 107p of the Act applies in relation to a deceased member within the meaning of this regulation;
(e) any reference to a child shall be read as a reference to the child of a member within the meaning of this regulation; and
(f) any reference to war service shall be read as a reference to defence service within the meaning of Division 10 of Part III of the Act.
“ (3) Assistance or benefit shall not be granted to or in respect of a child of a woman member unless the woman member is dead and the child is without adequate means of support or, if the woman member is not dead—
(a) the father or step-father of the child—
(i) is, by reason of physical or mental incapacity, unable to earn a livelihood and is without adequate means of support; or
(ii) is dead or is separated or divorced from, or has deserted, the member; and
(b) the child is wholly or substantially dependent upon the member and is without adequate means of support.
“ (4) Notwithstanding anything contained in sub-regulation (3), 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.
“ (5) For the purposes of the extended application of regulation 73 of these Regulations, that regulation shall be read as applying only to the provision of medical treatment for widows and children of deceased members.”.
(2) The amendments made by regulations 14 and 16 apply in relation to instalments of allowances that fell due on the first pension pay day after the date of commencement of the Repatriation Act (No. 3) 1973, and to all subsequent instalments.
(3) The amendments made by regulations 1 and 18 shall be deemed to have come into operation on 7 December 1972.
(4) The amendments made by regulations 2, 11 and 12 apply in relation to expenses for subsistence incurred on 2 April 1973 or any subsequent day.
SCHEDULE Regulation 19
FORMAL AMENDMENTS
Provision | Amendment |
| Omit “ the Second Schedule ”, substitute “ Schedule 2 ”. |
Regulation 32 (1) ..................... | Omit “ the Third Schedule ”, substitute “ Schedule 3 ”. |
Regulation 34 (1) ..................... | Omit “ the Third Schedule ”, substitute “ Schedule 3 ”. |
Regulation 34aa ...................... | Omit “ the Third Schedule ”, substitute “ Schedule 3 ”. |
Regulation 46a (7) ................... | Omit “ the Second Schedule ”, substitute “ Schedule 2 ”. |
Regulation 66 (1) ..................... |
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Regulation 71 (1) ..................... |
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Regulation 71 (3) ..................... | Omit “ the Second Schedule ”, substitute “ Schedule 2 ”. |
Regulation 74a (7) ................... | Omit “ the Second Schedule ”, substitute “ Schedule 2 ”. |
Regulation ............................... |
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