Repatriation Regulations (Cth)
REPATRIATION REGULATIONS - Incorporating all amendments by legislation made to
31 December 1980
- Reprinted as at 31 December 1981 (HISTREG CHAP 40 #DATE 31:12:1981)
31 December 1980
- Reprinted as at 31 December 1981 (HISTREG CHAP 40 #DATE 31:12:1981)
*1* The Repatriation Regulations (in force under the Repatriation Act 1920) as
other Statutory Rules specified in the following table:
----------------------------------------------------------------------------
Date of Application,
saving
Year and notification in Date of or transitional
number Gazette commencement provisions
---------------------------------------------------------------------------- 1943 No. 233 17 Sept 1943 See r. 2
1945 No. 48 19 Apr 1945 Rr. 3, 5 and 6: 19
Apr 1945
Remainder: 1 Apr 1943 -
1946 No. 182 12 Dec 1946 R. 3: 6 May 1943
R. 5: 1 Jan 1946
R. 6: 8 Mar 1946
Remainder: 12 Dec
1946 (a) R. 7 (2)
1947 No. 72 5 June 1947 5 June 1947 (a) -
106 4 Aug 1947 4 Aug 1947 -
149 16 Oct 1947 2 Oct 1947 -
169 19 Dec 1947 22 Dec 1947 -
1948 No. 38 15 Mar 1948 Rr. 4 and 5: 28 July
1947
Remainder: 15 Mar
1948 -
43 1 Apr 1948 Rr. 5 and 7: 10 Dec
1947
Remainder: 1 Apr 1948 -
80 25 June 1948 25 June 1948 -
135 28 Oct 1948 R. 2: 13 Sept 1948
Remainder: 28 Oct
1948 R. 4 (2)
137 28 Oct 1948 28 Oct 1948 -
1950 No. 96 14 Dec 1950 R. 3: 1 July 1949
R. 4: 20 Oct 1949
Rr. 5 and 7: 1 Dec
1949
Remainder: 14 Dec
1950 (a) -
1951 No. 7 22 Feb 1951 Rr. 3 and 20: 27 June
1950 Rr. 4-14, 15
(1), 17 and 18: 2 Nov
1950
R. 16: 12 Dec 1950
Remainder: 22 Feb
1951 Rr. 1 (3) and 15 (2) and (3)
58 22 June 1951 22 June 1951 -
1952 No. 7 24 Jan 1952 R. 1: 25 Oct 1951
Remainder: 24 Jan
1952 -
88 26 Sept 1952 26 Sept 1952 -
101 11 Dec 1952 11 Dec 1952 -
1953 No. 6 29 Jan 1953 2 Oct 1952 -
1956 No. 32 19 Apr 1956 R. 2: 22 June 1951
R. 3: 27 June 1950
Remainder: 19 Apr
1956 -
73 25 Oct 1956 25 Oct 1956 R. 2
101 14 Dec 1956 14 Dec 1956 -
1958 No. 22 31 Mar 1958 31 Mar 1958 -
1960 No. 56 28 July 1960 Rr. 2, 6 and 7: 5 Nov
1953
R. 3: 6 Oct 1954
R. 5: 9 Apr 1953
R. 8: 1 June 1953
R. 9: 17 Oct 1957
Remainder: 28 July
1960 R. 9 (3)
60 4 Aug 1960 1 Oct 1959 -
1961 No. 74 8 June 1961 Rr. 2 and 3: 29 Sept
1960
Remainder: 8 June
1961 -
139 23 Nov 1961 27 Sept 1961 R. 5 (2)
1962 No. 93 11 Oct 1962 11 Oct 1962 -
1963 No. 57 1 July 1963 R. 2: 1 Apr 1963
Remainder: 1 July
1963 -
104 31 Oct 1963 31 Oct 1963 R. 2
1965 No. 124 2 Sept 1965 2 Sept 1965 -
1966 No. 65 3 Mar 1966 3 Mar 1966 (a) -
168 1 Dec 1966 1 Dec 1966 (a) -
1967 No. 150 16 Nov 1967 16 Nov 1967 -
1968 No. 122 17 Oct 1968 17 Oct 1968 (a) R. 2 (2)
1969 No. 178 13 Nov 1969 13 Nov 1969 Rr. 6 (2), 7 (2) and 8
1970 No. 150 15 Oct 1970 R. 2: 28 Sept 1970
Remainder: 15 Oct
1970 R. 3 (2)
1972 No. 180 26 Oct 1972 26 Oct 1972 -
186 9 Nov 1972 9 Nov 1972 R. 3 (2)
1973 No. 25 8 Feb 1973 8 Feb 1973 -
151 9 Aug 1973 R. 4: 8 May 1973 (see
r. 4 (2))
Remainder: 16 Mar
1973 (see r. 1) -
282 19 Dec 1973 19 Dec 1973 (a) R. 20 (2) and
(4)
1974 No. 57 11 Apr 1974 1 June 1974 -
1975 No. 93 30 May 1975 Rr. 2-4: 1 Jan 1975
Rr. 7, 8, 12 and 18:
31 Oct 1974
R. 13: (b)
Remainder: 30 May
1975 -
1977 No. 167 29 Sept 1977 1 Oct 1977 -
1978 No. 184 5 Oct 1978 5 Oct 1978 R. 12
1979 No. 53 30 Mar 1979 2 Apr 1979 -
116 29 June 1979 1 July 1979 -
172 31 Aug 1979 31 Aug 1979 R. 2
223 31 Oct 1979 31 Oct 1979 (a) R. 7 (2)
1980 No. 321 31 Oct 1980 R. 3: 13 Nov 1980
Remainder: 1 Nov 1980 R. 11 (3)
---------------------------------------------------------------------------- (a) The Statutory Rules marked (a) in the table contain provisions that
relate to the commencement of the amendments. Particulars of those provisions
not shown in the table may be found in the annual volumes of Statutory Rules for the respective years in which the amending Statutory Rules were made.
(b) Sub-regulation 19 (3) of Statutory Rules 1975 No. 93 provides as follows:
''(3) Regulation 13 shall be deemed to have come into operation on the
first pension pay-day after 31 October 1974.''
REPATRIATION REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Commencement
3. Repeal
4. (Repealed)
5. Interpretation
PART II-PENSIONS
Division 1-Claims for and Payment of Pensions
6. Interpretation
7. Exercise of powers of Registrar of War Pensions by Registrar of
Pensions
8. Power to administer oaths
9. Appointment of trustees, &c.
10. Claim for service pension to be in accordance with approved form
11. (Repealed)
12. Declarations by claimants
13. Appropriate address
13A. Action on receipt of claims
13B. Date of claim for pension for member or dependant-claim made by
member or his representative
13C. Date of claim for pension for dependant-claim made by or on behalf
of dependant
14. (Repealed)
14A. Payment or reimbursement of medical witnesses', &c., expenses
15. Issue of pension certificate and identification card
16. Possession of identification card authority to pay instalments
17. Pension fortnights
18. Due date of instalments
19. Receipt by pensioner or trustee
20. Payment to other person
21. Payment of instalment to female dependant
22. Payment of instalment to trustee
23. Special provisions as to declarations
24. (Repealed)
25. Death of pensioner
26. Notification of marriage, &c., by female dependant
27. Advances not to be made on security of pension
28. Statement by service pensioner
29, 30. (Repealed)
Division 2-Pensions Payable to Certain Classes of Persons
31. (Repealed)
32. Widowed mother
33. (Repealed)
34. Parent of deceased unmarried member
34AA. Aged parent
34A. Standard allowed income in the case of widowed mother, parent of
deceased unmarried member and aged parent
Division 3-Repatriation Review Tribunal
35-44. (Repealed)
45. Allowances of members of Tribunal
46. Interpretation
46A. Attendance allowance and payment of expenses of applicant
46B. (Repealed)
46C. Subsistence allowance
46D. Summons
46E. Payment of witnesses' fees and allowances
47. (Repealed)
PART III-ASSISTANCE AND BENEFITS-GENERAL
Division 1-Applications for Assistance
48. Applications, how made
49. Applications, how dealt with
50. Treatment of applications
51. Appeals
52. Purpose of assistance and ability of applicant
Division 2-Conditions Governing Advances and Assistance
53. Interest on loans
54. Security for assistance by way of loan or hire purchase
55. Terms of repayment of assistance by way of loan or hire purchase
56. Renewal of assistance by way of loan or hire purchase
57. Writing off loans, &c.
58. Security for property allotted as assistance by way of loan or hire
purchase
59. Inspection of property
60. Power to vary conditions of loans, gifts, &c.
61. Authority to pay or allot to agent
62. Orders not to be transferred
63. Review by Commission
PART IV-MEDICAL TREATMENT AND ALLOWANCES
64. Treatment for war disabilities
65. Members suffering certain diseases
65A. Treatment for persons suffering from malignant neoplasia
66. Treatment for disease, &c., not due to war service
66A. Additional medical treatment for members
66B. Additional medical treatment for other persons
67. Meaning of ''medical treatment''
68. Non-liability in cases of unauthorized treatment
69. Non-liability where treatment not granted
70. Surgical aids, &c.
70A. Charges for treatment
71. Allowance while undergoing medical treatment, &c.
71A. Prescribed deductions
72. Investigation related to claim by a member, &c.
72A. Allowances payable in respect of member in hospital, &c.
72B. Allowance prescribed for the purposes of paragraph 87 (3A) (e) of
the Act
73. Medical treatment for widows, &c.
73A. Expenses of travelling for medical treatment by eligible persons
74. Expenses of travelling for medical treatment or pension purposes
74A. Attendance allowance
PART V-EMPLOYMENT AND SUSTENANCE ALLOWANCE
75, 76. (Repealed)
76A. Payment of trainee's fare to places of employment
77. Payment of fare to place of employment
78. Vocational training
79. Supplementation of wages of apprentices
PART VA-VOCATIONAL TRAINING
79A. Scheme of Vocational Training
PART VI-FURNITURE, EQUIPMENT AND BUSINESSES
80. Furniture
81. Tools of trade, &c.
82. When tools of trade to become property of member
83. Orders for tools not to be transferred
84. (Repealed)
PART VII-EDUCATION AND TRAINING OF CHILDREN
85. Interpretation
86. Soldiers' Children Education Boards
87. Vacancies in Board
88. Education Scheme
89. Powers of Board
90. Application for assistance
91. Appeal to Commission
92. Special cases
93. Care and education of children
PART VIII-TRANSPORTATION
94. Interpretation
95. Wives, widows and children-passage to Australia
96. Members who served in other than Australian Forces-passage to
Australia
97. Incapacitated members-passage abroad
98. Wives, widows and children-passage abroad
99. Expense borne by Commonwealth
100. Refund of expenses
101. Transportation once only
102. Transfer to be beneficial
102A. Removal expenses of trainees
103. Removal expenses
103A. Removal expenses of widow and children
104. Loss or damage to baggage
104A. Severely incapacitated members
PART IX-SECURITIES
Division 1-General
105. Interpretation
106. Form of security
107. Security
108. Rights of Commission under securities
109. Securities not subject to moratorium law
110. Variation of forms
111. Securities by minors
112. Effect of security not to be lessened
113. Attestation of signatures
114. Action by officer to be deemed action by Commission
115. Service of notices, &c.
116. Evidence of liability under security
Division 2-Personal Securities
117. Form of security for loan
118. Obligation to repay amount lent
119. Effect of non-compliance with obligations
Division 3-Mortgage of Chattels
120. Form of security for advance on chattels
121. Obligations of mortgagor
122. Mortgaged chattels charged for the benefit of the Commission
123. Charge on mortgaged chattels not to be lessened
124. Obligations of mortgagor
125. Charge on stock-in-trade for benefit of Commission
126. Charge on stock-in-trade not to be lessened
127. Sale of stock-in-trade
128. Effect of non-compliance with obligation under mortgage
129. Mortgage of chattels to have effect of bill of sale
130. Penalty for sale of chattels
Division 4-Mortgage of Land
131. Form of mortgage of land
132. Subject-matter of mortgage of land
133. Obligations under a mortgage of land
134. Obligations to insure buildings against fire
135. Charge on land for benefit of Commission
136. Charge of Commission not to be lessened
137. Effect of non-compliance with mortgage of land
138. Application for order for sale
139. Application of proceeds of sale
140. Conveyance of land by Commission to vest title in purchaser
141. Mortgage not required to be registered
Division 5-Hire Purchase Agreements
142. Form of security for advance under hire purchase agreement
143. Obligations under hire purchase agreement
144. Rights of Commission under hire purchase agreement
145. Chattels to remain property of Commission
146. Termination of agreement
147. Powers of Commission on death or insolvency
148. Powers of Commission where special danger of loss by fire exists
149. Failure of hirer to notify loss or damage by fire, &c.
150. Acts or omissions increasing danger of loss or damage by fire
151. Failure of hirer to prove certain facts in event of loss or damage
by fire
152. Power of Commission where loss or damage by fire occurs
153. Damage or loss caused in extinguishing, &c., fire
154. Insurance to cease when chattels cease to be subject to agreement
155. Penalty for sale of chattels
Division 6-Register of Securities
156. Register of securities
157. Register to be kept in office of Deputy Commissioner
158. Particulars of securities to be entered in Register
159. Form and contents of entries in Register
160. Searches
Extracts from Register not to be published
161. Liability for entry in, or omission from, Register
162. Inspection of documents
PART X-LOCAL COMMITTEES
163. Local Committees
164. Selection of nominees for appointment to Local Committees
165. Powers of Local Committees
166. Records of contribution and disbursements therefrom
167. Furnishing of information
168. Investigation of funds of Local Committees
169. Local Committee Executive
170. Powers of Executive
171. Duties of Executive
172. Personal interest in applications
173. Appointment of Secretary to an Executive
PART XA-PATRIOTIC FUNDS
173A. Interpretation
173B. State Boards
173C. Exemption of certain funds raised within a State
173D. Exemption of funds raised in Territories
173E. Funds not to be established or moneys raised without permission
173F. Application for approval to establish funds, &c.
173G. Consideration of applications
173H. Powers of Commission and Boards to exercise control in relation to
funds
173J. Power to wind up fund when approval withdrawn
173K. Power to wind up funds when no longer required
173L. Consent to winding-up
173M. Purposes of fund may be defined
173N. Trustees to furnish information to Commission or Board when required
173P. Moneys to be paid into Trust Account or invested
173Q. Improper use of moneys or goods
173R. Payment of moneys received for fund
173S. Funds already established
173T. Refusal or failure to furnish information or comply with directions
173U. Banks to supply information as to certain accounts
173V. Penalties
173W. Savings
PART XI-MISCELLANEOUS
174. Power of Commission to enter into contracts
175. Establishment of institutions
175A. Date of notification of presumption of death to be deemed to be date of death for the purposes of certain applications
176. Allowance to re-married widow of a deceased member who is again
widowed
176A-176C. (Repealed)
176D. Allowance for certain widows
177. Grants to necessitous members
178. Sustenance allowance while waiting to enter into possession of land
or business
179. Funeral expenses
179A. Funeral benefits-service pensioners
180. Decoration allowance
180AA. Victoria Cross allowance
180A. Clothing allowance
181. Grants by Commission
182. Delegation of powers by Commission
183. Exercise by Commission of powers of Deputy Commissioner or Education Board
184. Investment of moneys held by Commission
184A. Contributions
184B. (Repealed)
184C. Interest
184D. Contributions in kind
184E. Profits from canteens, &c.
185. Improper use of gifts or loans
186. Disclosure of prior charge
187. Notification of marriage, &c., by female dependant
188. Power of Deputy Commissioner to require information
189. Prohibition of certain acts in relation to assistance and benefits
190. Signature to forms
191. Compliance with forms
192. Signatures in blank
192A. Offences
192B. Time for commencement of prosecutions
PART XII-EXTENSION OF APPLICATION OF REGULATIONS TO MEMBERS
(1914-1918 WAR), WOMEN MEMBERS AND SOUTH AFRICAN VETERANS
193. Extension of certain provisions to 1914-1918 members (general
service)
194. Extension of certain provisions to 1914-1918 members (home service)
195. (Repealed)
196. Extension of certain provisions to women members of the Forces
197. South African veterans
PART XIII-EXTENSION OF APPLICATION OF REGULATIONS TO CERTAIN
MALE MEMBERS OF THE FORCES (KOREA AND MALAYA OPERATIONS)
198. Extension of certain provisions to Korea and Malaya members
199. Operational areas
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. Extension of certain provisions to certain members of the Defence
Force
THE SCHEDULE
Forms
REPATRIATION REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
Amended by 1951 No. 7 r. 2
1. These Regulations may be cited as the Repatriation Regulations.*1*
See notes to first article of this CHAPTER.
REPATRIATION REGULATIONS - SECT. 2.
Commencement
2. (1) These Regulations other than-
(a) regulations which impose any liability on any person other than the Commonwealth or an authority of the Commonwealth in respect of anything done or omitted to be done; and
(b) the provisions of regulation 3 specified in sub-regulation (2) of this regulation,
shall be deemed to have come into operation on the first day of April, 1943.
(2) Regulation 3 of these Regulations-
(a) in so far as it provides for the repeal of regulations 83, 84, 85, 86, 88, 88A, 89 and 92 (prescribed by Statutory Rules 1934, No. 16, as amended by
Statutory Rules 1935, Nos. 7 and 84)-shall be deemed to have come into operation on the sixth day of May, 1943; and
(b) in so far as it repeals any regulation which imposes any liability on any person other than the Commonwealth or an authority of the Commonwealth in respect of anything done or omitted to be done-shall come into operation on the date of notification of the making of these Regulations in the Gazette.
(3) Any regulations contained in these Regulations which impose any liability on any person other than the Commonwealth or an authority of the Commonwealth in respect of anything done or omitted to be done shall come into operation on the date of notification of the making of these Regulations in the Gazette.
(4) For the purposes of the operation of regulations 83, 84, 85, 86, 88, 88A, 89 and 92 (prescribed by Statutory Rules 1934, No. 16, as amended by Statutory
Rules 1935, Nos. 7 and 84), during the period between the first day of April, 1943, and the fifth day of May, 1943 (both inclusive), any reference in those Regulations to a soldier shall be read as a reference to a person deemed under section 108 of the Act to be a member of the Forces within the meaning of Parts IV and V of the Act.
REPATRIATION REGULATIONS - SECT. 3.
Repeal
3. (1) The following Statutory Rules are repealed as from the dates specified in regulation 2 of these Regulations: Statutory Rules 1934, No. 16; 1935, Nos. 7, 84 and 136; 1936, No. 134; 1937, No. 56; 1938, Nos. 10, 42 and 71; 1941, Nos. 94, 141 and 305; 1942, Nos. 214 and 505.
(2) Notwithstanding the repeal of the regulations specified in sub-regulation (1) of this regulation, anything lawfully done, and any assistance or benefits granted, under those regulations, or under any regulations repealed by those regulations, which could have been done or granted under these Regulations, if these Regulations had been in force at the time when the thing was done or the assistance or benefits were granted, shall be deemed to have been done or granted under these Regulations.
(3) Notwithstanding the repeal of the regulations specified in sub-regulation (1) of this regulation, entries in the Register of Securities established under those regulations, or under any regulations repealed by those regulations, shall be deemed to be of the same force and effect as if they were entries in the Register of Securities established under these Regulations, and any person may search that Register and take extracts therefrom as if it were the Register established under these Regulations.
(4) Notwithstanding the repeal of the Australian Soldiers' Repatriation Act 1917-1918 and the expiration of the regulations made thereunder, the repeal of the Australian Soldiers' Repatriation Regulations 1920, and any amendments thereof, the repeal of the Australian Soldiers' Repatriation Regulations (being Statutory Rules 1925, No. 110), and any amendments thereof, and the repeal of the regulations specified in sub-regulation (1) of this regulation, the Commission may exercise all the powers and functions of the Minister under that Act and those regulations, in respect of any security given under that Act or those regulations, and in respect of any property, real or personal, referred to in the security to the same extent as if that Act and those regulations were still in force, and the name of the Commission were substituted therein for that of the Minister.
(5) Notwithstanding the repeal of Statutory Rules 1941, No. 141, the Commission or a Deputy Commissioner may continue to pay any allowance which, immediately prior to the date of notification of the making of these Regulations in the Gazette, was being paid, or which, but for that repeal, would have been payable under the proviso to regulation 5 of those Statutory Rules, and may vary the rates of payment or conditions of assessment of any such allowance in such manner as appears to the Commission to be justified by the circumstances in any particular case.
Regulation 4 repealed by 1977 No. 167 r. 2
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 5.
InterpretationSub-reg. (1) amended by 1947 No. 106 r. 1; 1948 No. 137 r. 2; 1951 No. 7 r. 4;
1961 No. 74 r. 1; 1973 No. 151 r. 2; 1973 No. 282 r.19; 1977 No. 167 r. 3
5. (1) In these Regulations, unless the contrary intention appears-
''active service'' has the same meaning as in section 100 of the Act;
''applicant'' means a person applying for assistance or benefits under these Regulations;
''approved form'' means a form approved by the Commission;
''blinded member'' means a member whose blindness is due to war service and includes a member whose eyesight is, in the opinion of the Commission, so defective, due to war service, that he has no useful sight;
''child'', in relation to a member, means a child, under the age of sixteen years, of the member, being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child;
''claim'' means a claim for a war pension, or an application for a service pension in accordance with the Act, or with any Act repealed by the Act;
''claimant'' means a person who has made a claim for a war pension for himself or on behalf of a person under the age of sixteen years or of a person of unsound mind;
''deceased member'' means a member whose death was due to war service;
''deceased unmarried member'' means a deceased member who was not, at any time during his life, married but does not include a deceased member with respect to whom a dependent female is receiving a pension under the Act;
''Departmental Medical Officer'' means a medical officer of the Department, other than a Local Medical Officer, appointed under the Act;
''dependant'' means any dependant of a member who is included in the classes of persons, other than members, specified in paragraphs (b) to (f) of section 124 of the Act;
''Deputy Commissioner'' means a person for the time being performing the duties of Deputy Commissioner in the Department and, in relation to a State, means the Deputy Commissioner for that State;
''discharge'' means discharge from the Defence Force of the Commonwealth, and includes termination of appointment and termination of service;
''due to war service'' means, in relation to the incapacity or death of a member, that the incapacity or death of the member has occurred in such circumstances that there is a liability under the Act to pay war pension, in respect of the incapacity or death, to a claimant, or that there would be a liability but for the claimant being rendered ineligible for war pension solely by a circumstance or condition not permanently precluding eligibility;
''Education Board'' means a Soldiers' Children Education Board established under Part VII of these Regulations;
''enlisted'' means began the service referred to in the definition of ''enlistment'';
''enlistment'' means the beginning of a member's service during the war and, in relation to a member who was serving in the Defence Force at the date of the commencement of the war, means the beginning of his war service on that date;
''incapacitated'' means, in relation to a member, that he is suffering from an incapacity due to war service;
''incapacity'' means, in relation to a member, any degree of physical or mental disablement;
''living wage'' or ''minimum wage'' means, in relation to an industry, trade or calling in any particular part of the Commonwealth, the minimum rate judicially fixed for that industry, trade or calling in that part of the Commonwealth by an industrial award of a Commonwealth Industrial Tribunal, or, in the event of there being no such award, at least the minimum judicially fixed by an industrial award of a State Industrial Tribunal, or if a minimum has not been so fixed, then such minimum rate as is generally recognized for the particular locality;
''Local Committee'' means a Local Committee appointed under the Act;
''Local Medical Officer'' means a medical officer appointed under the Act for an area;
''member'' means a male person who-
(a) was a member of the Permanent Naval, Military or Air Forces of the Commonwealth during the war; or
(b) having enlisted as a member of the Citizen Forces, rendered continuous full-time service during the war,
and whose service commenced prior to the first day of July, 1947, and includes a person to whom section 102 of the Act applies;
''pensioner'' means a person to whom a pension has been granted under the Act, or under any Act repealed by the Act, and to, or for the benefit of, whom the pension is being paid;
''Registrar'' means a Registrar of War Pensions appointed under the Act;
''Special Magistrate'' means a Special Magistrate appointed under section 25 of the Act;
''the Act'' means the Repatriation Act 1920;
''the war'' means the war which commenced on the third day of September, 1939, and includes any other war in which His Majesty became engaged after that date and before the third day of September, 1945;
''totally and permanently incapacitated'' means, in relation to a member, that he has been accepted pursuant to section 35 of the Act and Schedule 2 to the Act, as incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage;
''trustee'' means a trustee appointed under these Regulations;
''war pension'' means a pension other than a service pension;
''war service'' means the service, during the war, of a member;
''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
(b) a person who is eligible for war pension under section 42 of the Act in respect of the death of a member;
''widowed mother'' means a widowed mother of-
(a) a deceased unmarried member; or
(b) a deceased unmarried member who was born out of wedlock and brought up by her,
who became a widow prior to or within three years after the death of the member, and includes an unmarried mother of a deceased unmarried member who was brought up by her;
''widowed step-mother'' means a widowed step-mother of a deceased unmarried member who became a widow prior to or within three years after the death of the member;
''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.
Inserted by 1951 No. 7 r. 4
(1A) For the purposes of these Regulations-
(a) where any member to whom paragraph (d) of the proviso to sub-section (1) of section 101 of the Act applies is still serving on the first day of July, 1951, the day immediately preceding that date shall be deemed to be the date of the termination of his service; and
(b) where a member to whom paragraph (e) of that proviso applies was serving on the third day of January, 1949, the day immediately preceding that date shall be deemed to be the date of the termination of his service.
(2) Any reference in these Regulations to a form by letter or by letter and number shall be read as a reference to the form so lettered or lettered and numbered, as the case may be, in the Schedule to these Regulations.
Regulations 5A and 5B repealed by 1979 No. 116 r. 2
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 6.
Interpretation
PART II-PENSIONS
Division 1-Claims for and Payment of Pensions
Amended by 1945 No. 48 r. 1; 1951 No. 7 r. 5
6. In this Part, unless the contrary intention appears-
''child'' means a person within the meaning of the definition of ''Child'' in section 23 of the Act, or a child of a member specified in-
(a) sub-paragraph (iii) of paragraph (b) of sub-section (2) of section 99 of the Act;
(b) sub-paragraph (ii) of paragraph (b) of sub-section (2) of section 104 of the Act;
(c) sub-paragraph (iii) of paragraph (b) of sub-section (2) of section 107A of the Act; or
(d) sub-paragraph (ii) of paragraph (b) of sub-section (2) of section 107E of the Act;
''dependant'' means a person within the meaning of the definition of ''Dependants'' in section 23 of the Act, or a dependant specified in-
(a) paragraph (b) of sub-section (2) of section 99 of the Act;
(b) paragraph (b) of sub-section (2) of section 104 of the Act;
(c) paragraph (b) of sub-section (2) of section 107A of the Act; or
(d) paragraph (b) of sub-section (2) of section 107E of the Act,
and includes a person to whom a pension is payable under-
(e) sub-section (3) of section 37, section 46, or those provisions as extended by section 99, section 104, section 107A or section 107E of the Act; or
(f) section 42 or section 44 of the Act;
''member'' means a person within the meaning of the definition of ''Member of the Forces'' or ''Returned Soldier'' in section 23 of the Act or the definition of ''member of the Forces'' in section 100, section 105 or section 107B of the Act;
''postmaster'' includes a postmistress or person in charge of a post office;
''other officer'' means an officer of the Postmaster-General's Department authorized by the proper departmental authority to pay instalments of pension.
REPATRIATION REGULATIONS - SECT. 7.
Exercise of powers of Registrar of War Pensions by Registrar of PensionsAmended by 1947 No. 106 r. 2
7. All the powers, duties and functions conferred or imposed by these Regulations upon a Registrar of War Pensions may be exercised or performed by any person for the time being holding the office of Registrar of Pensions under the Social Services Consolidation Act 1947*2* as effectually, for the purposes of these Regulations, as if that person had been appointed to be a Registrar of War Pensions.
*2* Rr. 7, 12 (1) and 34A-Now cited as Social Services Act 1947.
REPATRIATION REGULATIONS - SECT. 8.
Power to administer oaths
8. Any person for the time being holding the office of Registrar of War Pensions and any person entitled under the last preceding regulation to exercise or perform the powers, duties and functions of a Registrar of War Pensions shall have power to administer oaths for the purposes of the Act and these Regulations.
REPATRIATION REGULATIONS - SECT. 9.
Appointment of trustees, &c.Substituted by 1956 No. 73 r. 1
9. (1) Where the Commission is satisfied that, having regard to the age infirmity, ill-health or improvidence of a pensioner, it is expedient that payment of a pension or allowance payable to the pensioner should be made to another person on behalf of, or as trustee of, the pensioner, or where a pensioner consents to payment of a pension or allowance payable to him being so made, the Commission may, by instrument in writing-
(a) authorize payment of the pension or allowance to be made to another person on behalf of the pensioner; or
(b) appoint a person to be the trustee, or itself assume the office of trustee, of the pensioner in respect of the pension or allowance.
(2) Where the Commission has appointed a person to be the trustee, or has itself assumed the office of trustee, of a pensioner in respect of a pension or allowance, the pension or allowance-
(a) may be paid to the person so appointed, or the Commission, as the case may be; and
(b) may, subject to the directions of the Commission, be disbursed or accumulated by the person so appointed, or may be disbursed or accumulated by the Commission, as the case may be, for the benefit of the pensioner or of any member of the family of, or person dependent on, the pensioner.
(3) The Commission may at any time, by instrument in writing, revoke an authorization or appointment, or an assumption of the office of trustee, under this regulation.
(4) In this regulation, ''pensioner'' means a person to whom a pension or allowance is payable under the Act or these Regulations.
REPATRIATION REGULATIONS - SECT. 10.
Claim for service pension to be in accordance with approved formSubstituted by 1977 No. 167 r.4
10. (1) A claim for a service pension-
(a) shall be in accordance with the approved form; and
(b) shall be accompanied by such evidence available to the person making the claim as the person considers may support the claim.
(2) A claim for a service pension shall be forwarded to the Secretary at the appropriate address prescribed by paragraph 123AC (1) (a) of the Act or regulation 13.
Regulation 11 repealed by 1977 No. 167 r. 4
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 12.
Declarations by claimantsSub-reg. (1) amended by 1946 No. 182 r. 1; 1947 No. 106 r. 3; 1950 No. 96 r. 2
12. (1) Where the form of any claim, or any other document relating to a claim for, or a review of, pension includes a declaration as to the correctness of the information set forth in the claim or document, the declaration may be made before a Special Magistrate, a Registrar, an officer of the Department, a secretary to a Local Committee, a postmaster or postmistress or person in charge of a post office, a police, stipendiary or special magistrate of the Commonwealth or of a State or of a Territory of the Commonwealth, a Justice of the Peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the Police Force of the Commonwealth or of a State or of a Territory of the Commonwealth, a legally qualified medical practitioner, a Notary Public, a Commissioner for Affidavits, a Commissioner for Declarations, a Registrar under the Social Services Consolidation Act 1947,*2* a Minister of Religion, a member of the Parliament of the Commonwealth, a commissioned officer of the Defence Force or the Secretary of the Federal Executive or of any branch or sub-branch of an organization representing ex-servicemen or ex-servicewomen, or both, throughout the Commonwealth.
(2) Where a claim is made on behalf of a person under the age of sixteen years, the declaration may be made by any person over the age of sixteen years who has a knowledge of the information set forth in the claim.
Added by 1947 No. 106 r. 3; amended by 1967 No. 150 r. 5
(3) If a person makes a false statement in any declaration or form provided for under this Part (whether or not before any of the persons mentioned in sub-regulation (1) of this regulation), he shall be guilty of an offence.
Penalty: Fifty dollars.
Added by 1947 No. 106 r. 3
(4) Where a person is convicted of an offence under this regulation, the Court may, in addition to imposing a penalty in respect of the offence, order him to repay or return to the Commission any moneys, certificate or document received by him in consequence of the false statement in respect of which the offence was committed.
Added by 1947 No. 106 r. 3
(5) This regulation shall not affect the liability of any person to be proceeded against under any other law, but he shall not be liable to be punished twice in respect of the same offence.
*2* Rr. 7, 12 (1) and 34A-Now cited as Social Services Act 1947.
REPATRIATION REGULATIONS - SECT. 13.
Appropriate addressSubstituted by 1977 No. 167 r. 5
13. (1) In this regulation, ''related Act'' means-
(a) the Interim Forces Benefits Act 1947;
(b) the Repatriation (Far East Strategic Reserve) Act 1956; or
(c) the Repatriation (Special Overseas Service) Act 1962.
(2) For the purposes of paragraph 123AC (1) (b) of the Act or for the purposes of a related Act, the appropriate address to which a person who resides in a place referred to in column 2 of the following table in an item in the table may forward a claim, application, notification or other document to the Secretary is the address, or any address, of the Department in the Australian Capital Territory or the address referred to in column 3 of the table in that item: ------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3
Item Place of residence Appropriate address ------------------------------------------------------------------------------ -- 1. An overseas country other than Eire, Fiji, New Zealand or Papua New Guinea The office of an Australian Consular Officer or Australian Diplomatic Officer, as defined by the Consular Fees Act 1955, exercising his functions in relation to the place in which the person resides 2. Eire . . . . . . . . . . . The Australian High Commission, London, United Kingdom 3. Fiji . . . . . . . . . . . The Secretary, War Pensions Board, The Treasury, Suva, Fiji 4. New Zealand . . . . . . . The Director-General, Department of Social Welfare, Wellington, New Zealand 5. Papua New Guinea . . . . . Department of Veterans' Affairs, Brisbane, Queensland, Australia 6. Australian Capital Territory Department of Veterans' Affairs, Sydney, New South Wales 7. Jervis Bay Territory . . . Department of Veterans' Affairs, Sydney, New South Wales 8. Norfolk Island . . . . . . Department of Veterans' Affairs, Sydney, New South Wales 9. Northern Territory . . . . Department of Veterans' Affairs, Adelaide, South Australia 10. Territory of Christmas Island Department of Veterans' Affairs, Perth, Western Australia 11. Territory of Cocos (Keeling) Islands Department of Veterans' Affairs, Perth, Western Australia ------------------------------------------------------------------------------ --
REPATRIATION REGULATIONS - SECT. 13A.
Action on receipt of claimsInserted by 1977 No. 167 r. 5
13A. Where a claim is lodged with the Department, a Deputy Commissioner shall cause the date on which it was lodged to be recorded on the claim.
REPATRIATION REGULATIONS - SECT. 13B.
Date of claim for pension for member or dependantclaim made by member or his
representativeInserted by 1977 No. 167 r. 5
13B. Where-
(a) a claim for pension for a member, being a claim that is not in accordance with sub-section 24AA (1) of the Act or sub-regulation 10 (1), is lodged in writing at the appropriate address prescribed by paragraph 123AC (1) (a) of the Act or regulation 13; and
(b) a claim for the pension, or for a pension for a dependant of the member, being a claim that is in accordance with sub-section 24AA (1) of the Act or sub-regulation 10 (1), is made by the member or the legal personal representative of the member, or, if there is no legal personal representative of the member, the person approved by the Commission under section 24A of the Act as the representative of the member, and is so lodged not later than 3 months after the date on which the claim referred to in paragraph (a) was lodged,
the claim referred to in paragraph (b) shall, for the purposes of the Act, be regarded as having been lodged on the date on which the claim referred to in paragraph (a) was lodged.
REPATRIATION REGULATIONS - SECT. 13C.
Date of claim for pension for dependantclaim made by or on behalf of
dependantInserted by 1977 No. 167 r. 5
13C. Where-
(a) a claim for pension for a dependant, being a claim that is not in accordance with sub-section 24AA (1) of the Act or sub-regulation 10 (1), is lodged in writing at the appropriate address prescribed by paragraph 123AC (1) (a) of the Act or regulation 13; and
(b) a claim for the pension, being a claim that is in accordance with sub-section 24AA (1) of the Act or sub-regulation 10 (1), is made by or on behalf of the dependant and is so lodged not later that 3 months after the date on which the claim referred to in paragraph (a) was lodged,
the claim referred to in paragraph (b) shall, for the purposes of the Act, be regarded as having been lodged on the date on which the claim referred to in paragraph (a) was lodged.
Regulation 14 repealed by 1979 No. 53 r. 3
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 14A.
Payment or reimbursement of medical witnesses', &c., expensesInserted by 1948 No. 135 r. 2
Sub-reg. (1) amended by 1979 No. 116 r. 3
14A. (1) Where a claim or application, or an appeal to the Commission or an application to the Repatriation Review Tribunal, is allowed, whether wholly or in part, and the claimant, applicant or appellant incurs expense, in support of the claim, application or appeal, in providing for the attendance of medical witnesses or for the production of certificates, reports or other documents from medical practitioners or from any hospital or similar institution in which he has obtained medical treatment, the Commission may, in accordance with such scale as is approved by the Commission, pay or reimburse the claimant, applicant or appellant expenses so incurred in support of the whole, or such part, as the case may be, of his claim, application or appeal as is allowed.
Amended by 1979 No. 116 r. 3
(2) Expenses shall not be paid or reimbursed unless the Board, Commission or Tribunal certifies that the attendance or production was reasonable for the purposes of supporting the whole or such part, as the case may be, of the claim, application or appeal as is allowed.
Regulation 14AA repealed by 1979 No. 53 r. 3
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 15.
Issue of pension certificate and identification card
15. Where a pension is to be paid in fortnightly instalments, the Deputy Commissioner shall forward to the postmaster or other officer who has to pay the instalments, a pension certificate and identification card, each in the approved form, and the postmaster or other officer shall retain the identification card and deliver the certificate to the pensioner or trustee, as the case may be:
Provided that, in the case of a pensioner or trustee not residing in Australia or in such other cases as the Commission thinks fit, the Commission may make such arrangements for the payment of instalments as it deems practicable.
REPATRIATION REGULATIONS - SECT. 16.
Possession of identification card authority to pay instalments
16. (1) Subject to these Regulations, the possession by a postmaster or other officer of an identification card shall be sufficient authority for the payment by him of the instalments of pension described therein to the pensioner or trustee, or the holder of an order under regulation 20 of these Regulations, as the case may be, on the production of the pension certificate by the pensioner, trustee or holder.
(2) The postmaster or other officer shall not make a payment of any such instalment until he has made a note in relation to the payment on the pension certificate.
(3) The Commission may give any instruction to the postmaster or other officer to withhold the payment of any instalment or concerning the method of payment and accounting, and the postmaster or other officer shall comply with any such instruction accordingly.
REPATRIATION REGULATIONS - SECT. 17.
Pension fortnights
17. The fortnights in respect of which instalments of pension are payable shall commence on a Thursday and end on a Wednesday.
REPATRIATION REGULATIONS - SECT. 18.
Due date of instalments
18. The due date of each instalment shall be the first day of the fortnight for which the instalment is payable, unless the Commission considers that the circumstances otherwise require and directs that payment be made on some other day.
REPATRIATION REGULATIONS - SECT. 19.
Receipt by pensioner or trustee
19. (1) Where the pensioner or trustee applies personally for a payment by instalment of pension, he shall give a receipt for each instalment in accordance with the approved form.
(2) The postmaster or other officer may refuse to pay any instalment of pension, if he is not satisfied that the person presenting the receipt is the pensioner or trustee, as the case may be.
REPATRIATION REGULATIONS - SECT. 20.
Payment to other person
20. Payment may be made to a person other than the pensioner or trustee if that person is the holder of an order, in the approved form, from the pensioner or trustee and makes a declaration that he is not receiving the whole or any portion of the instalment on his own behalf or on behalf of any other person or any firm, business or partnership in repayment of any advance or loan to the pensioner, or by way of, or in consequence of, any sale, assignment, charge, execution or insolvency, or in payment of any debt, whether due or about to become due from the pensioner.
REPATRIATION REGULATIONS - SECT. 21.
Payment of instalment to female dependant
21. Subject to regulation 23 of these Regulations, a postmaster or other officer shall not pay any instalment of a pension to any single or widowed female dependant of a member unless, at the time of making the payment, there is presented to the postmaster or other officer a declaration, in the approved form, by the female dependant or, where a trustee has been appointed to receive payments on her behalf, by that trustee, that, on the due date of the instalment, the female dependant had not married or re-married.
REPATRIATION REGULATIONS - SECT. 22.
Payment of instalment to trustee
22. Subject to regulation 23 of these Regulations, a postmaster or other officer shall not pay any instalment of a pension payable to a trustee unless there is presented to the postmaster or other officer, at the time of making the payment, a declaration by the trustee, in the approved form, that the person on whose behalf the pension is payable is alive.
REPATRIATION REGULATIONS - SECT. 23.
Special provisions as to declarations
23. Where the Commission is of opinion that it would be impracticable or seriously inconvenient to obtain the declarations required by the last two preceding regulations on each and every occasion when an instalment is being paid, the Commission may approve of the declarations being obtained at such intervals, not exceeding three years, as it determines:
Provided that the Commission may, in special circumstances, dispense with the declaration required by regulation 22 of these Regulations for such longer periods as it considers reasonable in the circumstances.
Regulation 24 repealed by 1973 No. 151 r. 3
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 25.
Death of pensioner
25. (1) Whenever the death of any person is reported to any officer of the Commonwealth or a State or a Territory of the Commonwealth who is charged with the duty of registering deaths, he may inquire whether the deceased was a pensioner under the Act, and the person reporting the death shall, to the best of his knowledge, state whether the deceased was such a pensioner or not.
(2) If the deceased was a pensioner, the officer may notify the Deputy Commissioner of this fact and of the death.
REPATRIATION REGULATIONS - SECT. 26.
Notification of marriage, &c., by female dependantSub-reg. (1) amended by 1947 No. 106 r. 4; 1967 No. 150 r. 5
26. (1) A female dependant to whom a pension is payable-
(a) who marries;
(b) who obtains a decree nisi in divorce; or
(c) against whom a decree nisi in divorce is obtained,
shall forthwith send a written notification of the fact to the Deputy Commissioner.
Penalty: Fifty dollars.
Added by 1947 No. 106 r. 4
(2) Where a person is convicted of an offence under this regulation, the Court may, in addition to imposing a penalty in respect of the offence, order her to repay or return to the Commission any moneys received by her in consequence of her failure to send the written notification.
REPATRIATION REGULATIONS - SECT. 27.
Advances not to be made on security of pensionSub-reg. (1) amended by 1947 No. 106 r. 5; 1967 No. 150 r. 5
27. (1) A person shall not advance money or goods, or offer or promise to advance money or goods, to a pensioner or to any person on his behalf on the security (whether sole or collateral) of his pension or of any instalment thereof, and a person shall not purport to accept any transfer or assignment of, or to create any charge on, any such pension or instalment.
Penalty: Fifty dollars.
Amended by 1947 No. 106 r. 5; 1967 No. 150 r. 5
(2) A pensioner shall not obtain an advance of money or goods upon the security of his pension, or any instalment thereof, and a pensioner shall not purport to transfer or assign or create any charge on his pension or any instalment thereof.
Penalty: Fifty dollars.
REPATRIATION REGULATIONS - SECT. 28.
Statement by service pensioner
28. A statement under section 97 of the Act relating to the income and accumulated property of a service pensioner shall be in accordance with Form S.P.3.
Regulation 28A repealed by 1960 No. 56 r. 1; regulation 29 repealed by 1951 No. 7 r. 6; regulation 30 repealed by 1960 No. 50 r. 1
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 32.
Widowed mother
Division 2-Pensions Payable to Certain Classes of Persons
Regulation 31 repealed by 1951 No. 7 r. 7
* * * * * * * *
Substituted by 1948 No. 38 r. 2
Sub-reg. (1) substituted by 1951 No. 7 r. 8; amended by 1973 No. 282 r. 19
32. (1) A rate of pension may be assessed in accordance with the second item of Table A of Schedule 3 to the Act in the case of a widowed mother of a member who-
(a) was dependent upon the member prior to his enlistment or at any time during his service;
(b) is resident in the Commonwealth or any Territory of the Commonwealth; and
(c) would not be in receipt of an income from all sources (including the pension) exceeding per fortnight the amount prescribed by regulation 34A of these Regulations.
(2) For the purposes of this regulation, the widowed mother of a member shall be deemed to have been dependent upon the member prior to his enlistment if, at the time of the member's enlistment, she would have been dependent upon the member but for his enlistment before he reached a reasonable earning capacity.
Regulation 33 repealed by 1973 No. 151 r. 4
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 34.
Parent of deceased unmarried memberSubstituted by 1948 No. 38 r. 3
Sub-reg. (1) amended by 1951 No. 7 r. 10; 1973 No. 282 r. 19
34. (1) Subject to paragraphs (c) and (d) of the fourth item of Table A of Schedule 3 to the Act, a rate of pension may be assessed in accordance with paragraph (b) of that item in the case of a parent of a deceased unmarried member, being-
(a) his father, if he is incapacitated from earning his living and that incapacitation occured prior to or within three years after the death of the member due to war service;
(b) his mother, if her husband is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member due to war service, and she was married to that husband prior to the enlistment of the member;
(c) his mother, if she is divorced or has been deserted by her husband and the divorce or desertion occurred prior to or within three years after the death of the member due to war service; or
(d) his step-mother, if she is widowed, divorced or has been deserted by her husband, if the death of the husband, the divorce or the desertion occurred prior to or within three years after the death of the member due to war service,
and if that parent-
(i) was dependent upon the member prior to his enlistment or at any time during service;
(ii) is resident in the Commonwealth or any Territory of the Commonwealth; and
(iii) would not be in receipt of an income from all sources (including the pension) exceeding per fortnight the amount prescribed by regulation 34A of these Regulations.
(2) For the purposes of this regulation, the parent of a deceased unmarried member shall be deemed to have been dependent upon the member prior to his enlistment if, at the time of the member's enlistment, the parent would have been dependent upon the member but for his enlistment before he reached a reasonable earning capacity.
Added by 1951 No. 7 r. 10
(3) Where a rate of pension has been assessed in pursuance of this regulation as payable to a mother or to a step-mother (other than a widowed step-mother) and her husband dies subsequently, the pension shall continue to be so assessed unless upon his death she is eligible for pension under regulation 32 of these Regulations.
REPATRIATION REGULATIONS - SECT. 34AA.
Aged parentInserted by 1951 No. 7 r. 11; amended by 1973 No. 282 r. 19
34AA. Subject to paragraphs (c) and (d) of the fourth item of Table A of Schedule 3 to the Act, a rate of pension may be assessed in accordance with paragraph (b) of that item in the case of a parent of a deceased member who-
(a) has attained the age of-
(i) in the case of a man-sixty-five years; or
(ii) in the case of a woman-sixty years;
(b) is resident in the Commonwealth or any Territory of the Commonwealth; and
(c) would not be in receipt of an income from all sources (including the pension) exceeding per fortnight the amount prescribed by regulation 34A of these Regulations.
REPATRIATION REGULATIONS - SECT. 34A.
Standard allowed income in the case of widowed mother, parent of deceased
unmarried member and aged parentInserted by 1948 No. 38 r. 3; amended by 1951 No. 7 r. 12
34A. The income from all sources (including the pension) referred to in paragraph (c) of sub-regulation (1) of regulation 32, in paragraph (iii) of sub-regulation (1) of regulation 34 and in paragraph (c) of regulation 34AA, respectively, of these Regulations shall be-
(a) where the widowed mother or parent, as the case may be, is blind-an amount representing one twenty-sixth of the total sum per annum which may be received by a pensioner (being a permanently blind person) by way of income and pension under Part III of the Social Services Consolidation Act 1947*2* or under any Act amending or affecting that Act; or
(b) in any other case-an amount representing one twenty-sixth of the total sum per annum which may be received by a pensioner (not being a permanently blind person) by way of income and pension under Part III of that Act or under any Act amending or affecting that Act.
Regulation 34B repealed by 1973 No. 151 r. 4
* * * * * * * *
Heading substituted by 1979 No. 116 r. 4
Regulations 35-37 repealed by 1979 No. 116 r. 5; regulation 38 repealed by 1979 No. 53 r. 4; regulation 38A repealed by 1975 No. 93 r. 4; regulation 39 repealed by 1979 No. 53 r. 4; regulations 40-42, 42A, 43 and 44 repealed by 1979 No. 116 r. 5
* * * * * * * *
*2* Rr. 7, 12 (1) and 34A-Now cited as Social Services Act 1947.
REPATRIATION REGULATIONS - SECT. 45.
Allowances of members of Tribunal
Division 3-Repatriation Review Tribunal
Substituted by 1979 No. 116 r. 5
45. (1) Subject to any determination made under the Remuneration Tribunals Act 1973, a member of the Tribunal is entitled to be paid such allowances as would be payable to him under regulations 90A, 90B, 93, 97, 97D, 97E, 119 and 120 of the Public Service Regulations as in force from time to time if he were an officer in the Australian Public Service.
(2) For the purposes of sub-regulation (1), a function that is required to be performed by the Public Service Board or a Chief Officer of a Department in relation to the payment to an officer in the Australian Public Service of an allowance referred to in sub-regulation (1) shall, in relation to the payment of an allowance under that sub-regulation to a member of the Tribunal, be performed by the Minister or a person authorized by the Minister for the purposes of this regulation.
REPATRIATION REGULATIONS - SECT. 46.
InterpretationSubstituted by 1979 No. 116 r. 5
46. In this regulation and in regulations 46A and 46C, ''applicant'' means an applicant who attends at a hearing of a proceeding on a review pursuant to his application before the Tribunal.
REPATRIATION REGULATIONS - SECT. 46A.
Attendance allowance and payment of expenses of applicantInserted by 1965 No. 124 r. 2
Sub-reg. (1) amended by 1979 No. 116 r. 6
46A. (1) An applicant shall be paid by a Deputy Commissioner the fares paid by him for travelling to and from the place at which his application is heard or, if the Deputy Commissioner considers that the amount paid by the applicant is unreasonable, such amount as the Deputy Commissioner considers to be reasonable in the circumstances.
Amended by 1975 No. 93 r. 5; 1979 No. 116 r. 6
(2) Where-
(a) an applicant who is an employee of another person attends a sittings of the Tribunal;
(b) as a result of that attendance he loses salary or wages; and
(c) the applicant furnishes to the Deputy Commissioner a certificate from his employer, in an approved form, stating the loss of salary or wages incurred by the applicant as a result of his attendance,
the applicant is, subject to sub-regulations (3) and (4A), entitled to be paid an allowance in respect of his attendance.
Amended by 1975 No. 93 r. 5; 1979 No. 116 r. 6
(3) The Deputy Commissioner may require an applicant to produce a certificate from his employer, in an approved form, giving particulars of-
(a) the hours during which the applicant would, but for his attendance at the sittings of the Tribunal, have been employed on the day or days of that attendance;
(b) the rate of the salary or wages of the applicant in respect of that day or those days; and
(c) the amount of the loss (if any) of salary or wages by the applicant by reason of his absence from his employment on that day or those days.
Amended by 1975 No. 93 r. 5; 1979 No. 116 r. 6
(4) Where-
(a) an applicant who is not an employee of another person attends a sittings of the Tribunal for any period; and
(b) the applicant satisfies a Deputy Commissioner-
(i) that he would, but for his attendance, have been occupied during the whole or a part of that period in earning his living; and
(ii) that he has, because of not being so occupied, suffered a loss of earnings,
the applicant is, subject to sub-regulation (4A), entitled to be paid an allowance in respect of his attendance.
Inserted by 1975 No. 93 r. 5; amended by 1978 No. 184 r. 1; 1979 No. 116 r. 6;
1980 No. 321 r. 1
(4A) Where an applicant is entitled to be paid an allowance under regulation 71 or 72A in respect of 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.
Amended by 1967 No. 150 r. 4; 1969 No. 178 r. 1; 1975 No. 93 r. 5; 1979 No. 116 r. 6
(5) The allowance payable under sub-regulation (2) or (4) of this regulation in respect of the attendance of an applicant at a sitting of a Tribunal is-
(a) an amount calculated in accordance with the formula
B-C
A ( ----------- ), where-
80
A is the number of hours in the period in respect of which the applicant 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 applicant in respect of the period by way of war pension in respect of the incapacity of the applicant (other than the amount of any allowance paid or payable to the applicant in accordance with Schedule 2 or 5 of the Act); or
* * * * * * * *
(c) an amount equal to-
(i) the loss of salary or wages by the applicant as set out in the certificate of his employer; or
(ii) in respect of an applicant referred to in sub-regulation (4), the loss of earnings,
whichever is the lesser amount.
Sub-regs (6) and (7) omitted by 1975 No. 93 r. 5
* * * * * * * *
Amended by 1979 No. 116 r. 6
(8) Where the incapacity of a member is of such a nature that, in the opinion of a Departmental Medical Officer, it is necessary for the member to be conveyed to and from the place of hearing of his application in an ambulance or other special form of conveyance, the member is entitled to be reimbursed by the Deputy Commissioner the expenses reasonably incurred by him in being so conveyed.
Regulation 46B repealed by 1979 No. 116 r. 7
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 46C.
Subsistence allowanceInserted by 1965 No. 124 r. 2
Sub-reg. (1) amended by 1979 No. 116 r. 8
46C. (1) Subject to the next succeeding sub-regulation, an applicant is entitled to receive such reasonable allowance as the Deputy Commissioner determines in respect of the expenses incurred by the applicant, for subsistence while travelling to or from a sittings of the Tribunal.
Substituted by 1969 No. 178 r. 2; amended by 1972 No. 180 r. 1; 1973 No. 282 r. 2; 1975 No. 93 r. 6; 1979 No. 116 r. 8; 1979 No. 223 r. 1
(2) The allowance payable to a person under the last preceding sub-regulation shall not, unless the Deputy Commissioner certifies that there are special circumstances justifying the payment of a greater amount, exceed-
(a) where the allowance is payable in respect of travelling to or from a sitting of the Tribunal in a Capital City-$41.15 per day; or
(b) in any other case-$34.50 per day.
REPATRIATION REGULATIONS - SECT. 46D.
SummonsInserted by 1979 No. 116 r. 9
46D. A summons under paragraph 107VY (2) (a) of the Act-
(a) shall be in accordance with Form T; and
(b) shall be served on a person by-
(i) delivering a copy of the summons to the person personally; and
(ii) showing the original of the summons to the person at the time at which the copy is delivered to him.
REPATRIATION REGULATIONS - SECT. 46E.
Payment of witnesses' fees and allowancesInserted by 1979 No. 116 r. 9
46E. A person summoned to appear as a witness at a hearing before the Tribunal is entitled to be paid such fees and allowances for expenses as the presiding member determines in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time.
Regulation 47 repealed by 1979 No. 116 r. 10
* * * * * * * *
REPATRIATION REGULATIONS - SECT. 48.
Applications, how made
PART III-ASSISTANCE AND BENEFITS-GENERAL
Division 1-Applications for Assistance
48. Applications for assistance shall be made in writing to a Deputy Commissioner in accordance with the approved form, and shall set out the nature and extent of the assistance which the member or his dependants require, and the purposes for which the assistance is required.
REPATRIATION REGULATIONS - SECT. 49.
Applications, how dealt with
49. Subject to these Regulations, applications shall be dealt with in the manner laid down by the Commission in its General Orders from time to time.
REPATRIATION REGULATIONS - SECT. 50.
Treatment of applications
50. (1) Applications for assistance shall, unless otherwise prescribed, be determined by a Deputy Commissioner in accordance with these Regulations.
(2) Assistance under these Regulations shall not be granted or payable in respect of any period prior to the date of lodgement of an application for the assistance, except where the Commission is satisfied that, owing to special circumstances, the assistance should be granted or payable in respect of such prior period.
(3) A Deputy Commissioner may waive any requirement of these Regulations as to the lodging of an application within a specified time if he is satisfied that an applicant has not lodged his application within the prescribed time owing to his inability, through circumstances beyond his control, to accept or take advantage of the assistance or benefits contemplated before the expiration of the prescribed time for lodging an application.
REPATRIATION REGULATIONS - SECT. 51.
Appeals
51. (1) Where a Deputy Commissioner declines to grant the assistance applied for by an applicant, the applicant may appeal to the Commission against the decision and shall state in writing the grounds of the appeal.
(2) The decision of the Commission shall be final.
REPATRIATION REGULATIONS - SECT. 52.
Purpose of assistance and ability of applicant
52. A Deputy Commissioner shall, in determining any application, be satisfied that the purpose of any assistance or benefit is likely to be achieved, having regard to the character, fitness and previous experience of the applicant, and shall take into consideration the assistance (if any) already received by the applicant.
REPATRIATION REGULATIONS - SECT. 53.
Interest on loans
Division 2-Conditions Governing Advances and Assistance
Substituted by 1948 No. 80
53. (1) For the purposes of this regulation-
''loan'' includes-
(a) any loan granted in pursuance of regulation 78 of these Regulations in connexion with a professional course of education and training;
(b) the value at the time of purchase of tools of trade, plant and equipment, professional instruments or other articles of personal equipment supplied on an order granted in pursuance of sub-regulation (2) of regulation 81 of these Regulations;
(c) any advance by way of loan made under regulation 84 of these Regulations before the repeal of that regulation by Statutory Rules 1946, No. 182; and
(d) any assistance by way of loan granted in pursuance of regulation 181 of these Regulations,
but does not include a loan granted in pursuance of regulation 177 of these Regulations;
''training loan'' means any loan, made under Part III of the Re-establishment and Employment Act 1945 to a trainee under the Commonwealth Reconstruction Training Scheme, which has become due for repayment to the Commonwealth.
(2) A person who is, or has been, granted a loan under these Regulations shall be charged such rate of interest (if any) as is prescribed in respect of that loan, or any portion of that loan, by this regulation.
Amended by 1967 No. 150 r. 5
(3) For the purpose of ascertaining the rate of interest (if any) payable on a loan, or portion of a loan, the amounts of all loans granted to any one person under the Re-establishment and Employment Act 1945, the Interim Forces Benefits Regulations and these Regulations shall be added together and-
(a) where the aggregate amount of the loans does not exceed One hundred dollars, no interest shall be charged;
(b) where the aggregate amount of the loans exceeds One hundred dollars but does not exceed Five hundred dollars, interest at the rate of two per centum per annum shall be charged on the amount by which the aggregate amount exceeds One hundred dollars;
(c) where the aggregate amount of the loans exceeds Five hundred dollars, but does not include a training loan, or includes a training loan of Five hundred dollars or less, interest shall be charged at the rate of two per centum per annum on the first Four hundred dollars of the aggregate amount in excess of One hundred dollars and at the rate of three and three-quarters per centum per annum on so much of the aggregate amount as exceeds Five hundred dollars; or
(d) where the aggregate amount of the loans exceeds Five hundred dollars and includes a training loan of more than Five hundred dollars, interest at the rate of two per centum per annum shall be charged on the amount by which the training loan exceeds One hundred dollars, and interest at the rate of three and three-quarters per centum per annum on the amount by which the aggregate amount exceeds the amount of the training loan.
REPATRIATION REGULATIONS - SECT. 54.
Security for assistance by way of loan or hire purchase
54. A Deputy Commissioner shall require any person to whom assistance by way of loan or hire purchase is granted to execute such legal documents, and to give such available security as may be necessary effectively to secure repayment of the amount advanced or payment of the value of the chattels obtained by hire purchase, as the case may be.
REPATRIATION REGULATIONS - SECT. 55.
Terms of repayment of assistance by way of loan or hire purchase
55. A Deputy Commissioner shall not grant assistance by way of loan or hire purchase for a longer period than ten years, and he shall, in determining the terms of repayment of any such assistance, have regard to-
(a) the general circumstances of the person to whom the assistance is granted; (b) the purpose for which the assistance is granted; and
(c) the rate of depreciation and the period within which the asset to be acquired is likely to become obsolete,
but the assistance shall, as far as possible, be repayable in accordance with a schedule approved by the Commission.
REPATRIATION REGULATIONS - SECT. 56.
Renewal of assistance by way of loan or hire purchase
56. Where a person to whom assistance by way of loan or hire purchase has been granted under these Regulations has been unable to repay the whole, or any part, of the assistance within the period fixed for repayment, and produces to a Deputy Commissioner satisfactory evidence that he has made proper use of the assistance, the Deputy Commissioner may, if he thinks fit, upon an application for a renewal of the assistance by way of loan or hire purchase, grant the renewal for such period, and on such conditions, as he deems reasonable:
Provided that the rate of interest shall not be reduced below the rate approved by the Commission in respect of like transactions at the time the renewal is granted.
REPATRIATION REGULATIONS - SECT. 57.
Writing off loans, &c.Amended by 1967 No. 150 r. 5
57. Where a Deputy Commissioner is satisfied that a person, who has obtained from the Commission a loan or chattels by hire purchase secured by a security in accordance with Form A, B, C or D, or by any other form of security, is unable to repay the amount of the loan, or of interest thereon, or of the value of the chattels, as the case may be, as stated in the security, or that for any other reason any such amount should be written off, the Deputy Commissioner may write off the whole or any portion of the amount:
Provided that where the amount exceeds Two hundred dollars, the Deputy Commissioner shall refer the case, with a recommendation, to the Commission for determination.
REPATRIATION REGULATIONS - SECT. 58.
Security for property allotted as assistance by way of loan or hire purchase
58. (1) Where property is allotted as assistance by way of loan or hire purchase to any person, the amount of the value of the property shall be regarded as a debt due by that person, and that amount shall be repayable in the same manner and at the same rate of interest as a grant by way of loan or hire purchase, as the case may be, of that amount.
(2) The repayment of the amount of the value of the property shall be effectively secured by such legal documents and such security as a Deputy Commissioner requires the person to execute or furnish.
REPATRIATION REGULATIONS - SECT. 59.
Inspection of property
59. Any person to whom assistance is granted by way of loan or hire purchase under these Regulations shall at all reasonable times permit any person authorized in writing by a Deputy Commissioner to enter upon any land or premises upon which there is any property which has been purchased for or lent to him under these Regulations, and shall produce to the person so authorized such books, documents and goods, and disclose to him such information as he requires in relation to the property.
REPATRIATION REGULATIONS - SECT. 60.
Power to vary conditions of loans, gifts, &c.
60. (1) Where any loan, gift or promise of assistance to, or any contract with, any person has been made, a Deputy Commissioner may-
(a) revoke or recall any loan, gift, promise of assistance or contract, if he is satisfied that, owing to the misconduct, idleness or inefficiency of that person, the purpose for which the loan, gift, promise or contract was granted or made, is not likely to be achieved; or
(b) subject to these Regulations, vary the whole or any part of the conditions attached to the loan, gift, promise of assistance or contract, if he is satisfied-
(i) that the conditions attached to the loan, gift or promise, or the terms of the contract have not been, or are not likely to be, carried out by that person; or (ii) that in view of the efficiency or industry of that person, the loan, gift or other assistance should be increased or otherwise varied in favour of the person.
(2) Where a Deputy Commissioner revokes or recalls any loan, gift, promise of assistance or contract or varies any conditions thereof in pursuance of the last preceding sub-regulation, he shall forthwith furnish to the Commission a statement of the reasons for the revocation, recall or variation.
(3) Where a Deputy Commissioner deems it necessary or advantageous in the interests of the Commonwealth to sell any property recalled or re-possessed under this regulation, he may authorize the sale of any such property.
REPATRIATION REGULATIONS - SECT. 61.
Authority to pay or allot to agent
61. Any gift or loan or any money or property granted under these Regulations to any person may, if a Deputy Commissioner considers it desirable, be paid or handed on that person's behalf to such other person as the Deputy Commissioner thinks fit.
REPATRIATION REGULATIONS - SECT. 62.
Orders not to be transferredSub-reg. (1) amended by 1947 No. 106 r. 8; 1967 No. 150 r. 5
62. (1) A person to whom an order is granted under these Regulations shall not transfer the order to any other person.
Penalty: Fifty dollars.
Amended by 1947 No. 106 r. 8; 1967 No. 150 r. 5
(2) A trader or person to whom an order granted under these Regulations is presented shall not supply to the person presenting the order any money or goods in lieu of the goods specified in the order.
Penalty: Fifty dollars.
REPATRIATION REGULATIONS - SECT. 63.
Review by Commission
63. (1) Where it appears to a Deputy Commissioner that sufficient reason exists for reviewing any grant of assistance or benefits under these Regulations, or under any regulations repealed by these Regulations, the Deputy Commissioner may review that grant and may increase, reduce or cancel it.
(2) Action pursuant to the last preceding sub-regulation may be taken notwithstanding that the person to whom the assistance or benefits have been granted refuses or fails to attend at the time and place fixed by the Deputy Commissioner for the review.
REPATRIATION REGULATIONS - SECT. 64.
Treatment for war disabilities
PART IV-MEDICAL TREATMENT AND ALLOWANCES
Heading amended by 1978 No. 184 r. 2; 1980 No. 321 r. 2
64. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a member in respect of an incapacity due to war service.
REPATRIATION REGULATIONS - SECT. 65.
Members suffering certain diseases
65. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a member who is suffering from-
(a) pulmonary tuberculosis; or
(b) venereal disease contracted during his war service.
REPATRIATION REGULATIONS - SECT. 65A.
Treatment for persons suffering from malignant neoplasiaInserted by 1973 No. 282 r. 3; amended by 1975 No. 93 r. 7
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 members.
REPATRIATION REGULATIONS - SECT. 66.
Treatment for disease, &c., not due to war serviceSubstituted by 1958 No. 22 r. 1
Sub-reg. (1) substituted by 1961 No. 74 r. 2; amended by 1962 No. 93 r 3; 1973
No. 282 rr. 4 and 19; 1975 No. 93 r. 8; 1979 No. 172 r. 1; 1980 No. 321 r. 3
66. (1) Subject to the succeeding provisions of this regulation and to such conditions as the Commission determines, a Deputy Commissioner may provide medical treatment in respect of a disease or disabling condition that is not due to war service for-
(a) a member who is receiving-
(i) a general rate of war pension upon total incapacity under Schedule 1 to the Act;
(ii) a rate of war pension under Schedule 2 to the Act; or
(iii) a service pension;
(aa) a member who was interned as a prisoner of war;
(ab) a member who-
(i) was, immediately before 2 November 1978, receiving a war pension in respect of pulmonary tuberculosis; or
(ii) by virtue of a claim referred to in section 38 of the Repatriation Acts Amendment Act 1978, has become, or becomes, entitled to a war pension in respect of pulmonary tuberculosis;
(b) a person to whom sub-section (2) of section 108 of the Act applies;
(c) a person to whom section 120 of the Act applies; or
(d) a member who, as the result of war service, is suffering from a disability described in column 1 of Schedule 5 to the Act.
(c) a member of the Forces within the meaning of Division 9 of Part III of the Act; or
(d) a person to whom section 107G of the Act applies.
Amended by 1961 No. 74 r.5; 1973 No. 151 r. 14
(2) The provisions of Parts III to XI shall, subject to this regulation, extend to and in relation to woman members, and, for the purposes of those provisions in their extended application-
(a) any reference to a member shall be read as a reference to a woman member; and
(b) any reference to a wife shall be read as a reference to a husband who was married to the woman member before or during her service, or before her discharge or the termination of the war, whichever first happens, and who is, by reason of physical or mental incapacity, unable to earn a livelihood and is without adequate means of support and is not separated from the member.
Sub-reg. (2A) omitted by 1973 No. 151 r. 14
* * * * * * * *
Inserted by 1961 No. 74 r. 5
(2B) Assistance or benefit shall not be granted to or in respect of a child of a woman member under the provisions of Parts III to XI (inclusive) of these Regulations unless the woman member is dead and the child is without adequate means of support or, if the woman member is not dead, unless-
(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.
Substituted by 1973 No. 151 r. 14
(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.
Amended by 1946 No. 182
(4) Notwithstanding anything contained in the preceding provisions of this regulation, a Deputy Commissioner, in reaching a decision as to any application for assistance or benefits under the provisions of these Regulations as extended by sub-regulation (2) of this regulation, shall, subject to the directions of the Commission, consider whether, having regard to the purpose or object of the provision applicable, a grant or approval is warranted to the full extent prescribed or any lesser extent which he considers appropriate, or is not warranted, in the circumstances of that particular case, and may make his decision accordingly.
REPATRIATION REGULATIONS - SECT. 197.
South African veteransSub-regs (1) and (2) omitted by 1973 No. 282 r. 17
197. * * * * * * *
Amended by 1945 No. 48 r. 8; 1947 No. 72 r. 5; 1948 No. 43 r. 7; 1953 No. 6 r.
10; 1967 No. 150 r. 5; 1973 No. 151 r. 15
(3) A Deputy Commissioner may grant a sum, not exceeding One hundred dollars, towards the funeral expenses of any person included in the classes specified in paragraphs (a) and (b) of section 120 of the Act who dies in indigent circumstances, or in an institution, or while proceeding to or from an institution, to which he had been authorized to proceed by a Deputy Commissioner.
REPATRIATION REGULATIONS - SECT. 198.
Extension of certain provisions to Korea and Malaya members
PART XIII-EXTENSION OF APPLICATION OF REGULATIONS TO CERTAIN MALE
MEMBERS OF THE FORCES (KOREA AND MALAYA OPERATIONS)
Part XIII inserted by 1951 No. 7 r. 20
Inserted by 1951 No. 7 r. 20
198. (1) In this regulation, ''member'' means-
(a) a member of the Forces within the meaning of Division 8 of Part III of the Act; or
(b) a person to whom section 107D of the Act applies.
Amended by 1978 No. 184 r. 10
(2) The provisions of Parts III to XI (inclusive), except regulation 95 of these Regulations, shall, subject to this regulation, apply to and in relation to members within the meaning of this regulation, and for the purposes of those 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, subject to sub-regulation (3), be read as a reference to a dependant within the meaning of paragraph (b) of sub-section (2) of section 107A of the Act.
Inserted by 1978 No. 184 r. 10
(2A) For the purposes of the extended application of regulation 71, a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to sub-section 107C (6) of the Act.
Inserted by 1980 No. 321 r. 9
(2B) For the purposes of the extended application of regulation 72A, a reference in that regulation to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to sub-section 107C (6) of the Act.
(3) For the purposes of the extended application of Part VII of these Regulations, the reference in the definition of ''eligible child'' in regulation 85 of these Regulations to a child as defined in regulation 5 of these Regulations shall be read as a reference to a child within the meaning of sub-paragraph (iii) of paragraph (b) of sub-section (2) of section 107A of the Act.
REPATRIATION REGULATIONS - SECT. 199.
Operational areasInserted by 1951 No. 58 r. 3; repealed by 1956 No. 32 r. 3; inserted by 1956 No. 32 r. 3; amended by 1956 No. 101 r. 2
199. For the purposes of warlike operations in Korea after the twenty-sixth day of June, 1950, and in Malaya after the twenty-eighth day of June, 1950, operational areas are-
(a) in relation to the war service of members of the Naval and Air Forces of the Commonwealth or the Naval and Air Forces of a part of the Queen's Dominions other than the Commonwealth, being service before the twentieth day of April, 1956-the area of Korea, including the waters contiguous to the coast of Korea for a distance of One hundred nautical miles seaward from the coast;
(b) in relation to the war service of members of the Military Forces of the Commonwealth or the Military Forces of a part of the Queen's Dominions other than the Commonwealth, being service before the twentieth day of April, 1956-the area of Korea, including the waters contiguous to the coast of Korea for a distance of ten nautical miles seaward from the coast; and
(c) in relation to the war service of members of the Military and Air Forces of the Commonwealth or the Military and Air Forces of a part of the Queen's Dominions other than the Commonwealth, being service before the commencement of the Repatriation (Far East Strategic Reserve) Act 1956-the area of Malaya, including the waters contiguous to the coast of Malaya for a distance of ten nautical miles seaward from the coast.
REPATRIATION REGULATIONS - SECT. 200.
Extension of certain provisions to certain members of the Defence Force
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
Part XIV inserted by 1973 No. 282 r. 18
Inserted by 1973 No. 282 r. 18
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 sub-section (2) of section 107H of the Act and includes a woman referred to in section 107P of the Act.
Amended by 1975 No. 93 r. 18; 1978 No. 184 r. 11
(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 regulation 65), 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.
Inserted by 1978 No. 184 r. 11
(4A) For the purposes of the extended application of regulation 71-
(a) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to such of the provisions of sub-section 107Q (3), sub-section 107R (4) and sub-section 107R (5) as is or are applicable; and
(b) sub-regulation (16) shall have effect as if paragraph (b) were omitted.
Inserted by 1980 No. 321 r. 10
(4B) For the purposes of the extended application of regulation 72A-
(a) a reference in that regulation to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to such of the provisions of sub-section 107Q (3), sub-section 107R (4) and sub-section 107R (5) as is or are applicable; and
(b) sub-regulation (10) shall have effect as if paragraph (b) were omitted.
(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.
-----------
REPATRIATION REGULATIONS - SCHEDULE SCH
THE SCHEDULE
Form A amended by 1967 No. 150 r. 5
SCH
Regulation 117
FORM A
Commonwealth of Australia
Australian Soldiers' Repatriation Act 1920-1943*6*
PERSONAL SECURITY PURSUANT TO THE REGULATIONS UNDER THE AUSTRALIAN
SOLDIERS' REPATRIATION ACT 1920-1943
PARTICULARS
1. The Borrower's full name is
2. The Borrower's full address is
3. The Borrower's occupation is
4. The amount lent is ($ ).
*5. Interest at the rate of per centum per annum is payable on the
amount of the loan in excess of the sum of One hundred dollars for the time
being remaining unpaid.
*6. The loan is to be fully repaid with interest on or before the day of 19 .
*7. The loan is repayable by instalments of
$ each on the day of each month until the principal sum is fully repaid-the first instalment being due
on
the day of 19 . Interest computed from the day of 19 is payable on the amount of the loan in excess of the sum of One hundred dollars for the time
being
remaining unpaid on the day of each month, the first instalment of interest being due on the day of , 19 .
8. All payments and repayments hereunder are to be made at the office of the
Deputy Commissioner of Repatriation for the State of
I, the above-named Borrower, hereby promise to pay to the Repatriation
Commission the full amount lent,* and each instalment thereof,* and to pay all
interest payable thereon at the times and at the place and in the manner above
stated. And I undertake to comply with all the obligations imposed upon me by
this Security and by the Regulations.
Dated this day of , 19 .
Borrower.
Signed by the Borrower at )
in )
the presence of- )
------------------------------------------------------------------------------ --
*NOTE-If interest is not payable, or if repayment is not to be made by
instalments, particulars 5, 6 and 7 of Form A, and 7, 8 and 9 of Form B should
be amended accordingly.
*6* The Sch, Forms A-E-Now cited as Repatriation Act 1920.
SCH
--------
Amended by 1946 No. 182 r. 14; 1967 No. 150 r. 15
SCH
Regulation 120
FORM B
Commonwealth of Australia
Australian Soldiers' Repatriation Act 1920-1943*6*
MORTGAGE OF CHATTELS PURSUANT TO THE REGULATIONS UNDER THE AUSTRALIAN
SOLDIERS' REPATRIATION ACT 1920-1943
PARTICULARS
1. The Mortgagor's full name is
2. The Mortgagor's full address is
3. The Mortgagor's occupation is
4. The chattels hereby morgaged are specified in the Schedule hereto.
5. The morgaged chattels are situated at
6. The amount lent is ($ ).
*7. Interest at the rate of per centum per annum is payable on the
amount of the loan in excess of the sum of One hundred dollars for the time
being remaining upaid.
*8. The loan is to be fully repaid with interest on or before the day of , 19 .
*9. The loan is repayable by instalments of $ each on the day of each month until the principal sum is fully repaid-the first instalment being due on the day of 19 . Interest computed from the day of 19
is payable on the amount of loan in excess of the sum of One hundred dollars
for the
time being remaining unpaid on the day of each month, the first instalment of interest being due on the day of , 19 .
10. The Mortgagor shall, in the joint names of the Commission and of the
Mortgagor, insure the chattels** against fire for the full amount lent.
11. All payments and repayments hereunder are to be made at the office of the
Deputy Commissioner of Repatriation for the State of
I, the above-named Mortgagor, hereby mortgage to the Repatriation Commission
the chattels above mentioned as security for the amount lent, and I promise to
repay the full amount lent,* and each instalment thereof,* and to pay all
interest payable thereon at the times and at the place and in the manner above
stated. And I undertake to comply with all the obligations imposed upon me by
this Mortgage and by the Regulations.
Dated this day of , 19 .
Mortgagor.
Signed by the Mortgagor at )
in )
the presence of- )
THE SCHEDULE
------------------------------------------------------------------------------ --
*NOTE-If interest is not payable, or if repayment is not to be made by
instalments, particulars 7, 8 and 9 of Form B, and 6, 7 and 8 of Form C should
be amended accordingly.
**In the case of motor vehicles, this clause is to be adapted to specify that
the obligation imposed upon the mortgagor is an obligation to insure, under a
comprehensive policy approved by the Commission, against loss or damage by fire, accident or theft.
*6* The Sch, Forms A-E-Now cited as Repatriation Act 1920.
SCH
--------
Amended by 1967 No. 150 r. 5
SCH
Regulation 131
FORM C
Commonwealth of Australia
Australian Soldiers' Repatriation Act 1920-1943*6*
MORTGAGE OF LAND PURSUANT TO THE REGULATIONS UNDER THE AUSTRALIAN
SOLDIERS' REPATRIATION ACT 1920-1943
PARTICULARS
1. The Mortgagor's full name is
2. The Mortgagor's full address is
3. The Mortgagor's occupation is
4. The land hereby mortgaged is as follows:
5. The amount lent is ($ ).
*6. Interest at the rate of per centum per annum is payable on the
amount of the loan in excess of the sum of One hundred dollars for the time
being remaining unpaid.
*7. The loan is to be fully repaid with interest on or before the day of , 19 .
*8. The loan is repayable by instalments of $ each on the day of each month until the principal sum is fully repaid-the first instalment being due on the day of 19 . Interest computed from the day of 19 is payable on the amount of the loan in excess of the sum of One hundred dollars for
the time being remaining unpaid on the day of each month, the first instalment of interest being due on the day of , 19 .
9. The Mortgagor shall, in the joint names of the Commission and of the
Mortgagor, insure all buildings on the mortgaged land against fire for their
full insurable value.
10. All payments and repayments hereunder are to be made at the office of the
Deputy Commissioner of Repatriation for the State of
I, the above-named Mortgagor, hereby mortgage to the Repatriation Commission
the land above mentioned as security for the amount lent. And I promise to repay the full amount lent,* and each instalment thereof,* and to pay all interest
payable thereon at the times and at the place and in the manner above stated.
And I undertake to comply with all obligations imposed upon me by this Mortgage
and by the Regulations.
Dated this day of , 19 .
Mortgagor.
Signed by the Mortgagor at )
in )
the presence of- )
------------------------------------------------------------------------------ --
* NOTE-If interest is not payable, or if repayment is not to be made by
instalments, particulars 7, 8 and 9 of Form B, and 6, 7 and 8 of Form C should
be amended accordingly.
*6* The Sch, Forms A-E-Now cited as Repatriation Act 1920.
SCH
--------
Amended by 1967 No. 150 r. 5
SCH
Regulation 142
FORM D
Commonwealth of Australia
Australian Soldiers' Repatriation Act 1920-1943*6*
HIRE PURCHASE AGREEMENT PURSUANT TO THE REGULATIONS UNDER THE
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920-1943
PARTICULARS
1. The Hirer's full name is
2. The Hirer's full address is
3. The Hirer's occupation is
4. The chattels hereby hired are specified in the Schedule hereto.
5. The chattels are situated at
6. Hire is payable at the rate of on the day of each month during the hiring-the first payment being due on the day of , 19 .
7. The value of the chattels is
$ , and when that amount has been paid as hire the chattels shall be the property of the Hirer absolutely.
8. (a) The hirer shall pay to the Commission an insurance premium of Ten
cents due on the day of in each year, during which this
agreement is in force.
(b) If damage or loss by fire is caused to any of the chattels, the Hirer
shall forthwith furnish the Deputy Commissioner of Repatriation for the State of with full particulars thereof in writing, and all information in his possession
in regard thereto and the cause thereof.
9. All payments hereunder are to be made at the office of the Deputy
Commissioner of Repatriation for the State of
10. If any obligation imposed upon the Hirer by this Agreement or by the
Regulations is not complied with, the Hirer shall forthwith return the chattels
to the Commission.
I, the above-named Hirer, hereby agree to pay to the Repatriation Commission
at the times and at the place and in the manner above stated the full amount of
hire payable under this Security. And I undertake to comply with all the
obligations imposed upon me by this Agreement and by the Regulations.
Dated this day of , 19 .
Hirer.
Signed by the Hirer at )
in )
the presence of- )
*6* The Sch, Forms A-E-Now cited as Repatriation Act 1920.
SCH
THE SCHEDULE
--------
Regulation 159
FORM E
Commonwealth of Australia
Australian Soldiers' Repatriation Act 1920-1943*6*
REGISTER OF SECURITIES
------------------------------------------------------------------------------ --
Securities Person Giving Security
-------------------- -------------------------------------------------- Amount
Secured
Nature of Regtl. Name in
No. Date Security No. Rank Unit Full Address Occupation
------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --
Repayment
-------------------------------- Property over
Instal- which
Security
ments Given Security
Discharged
Rate of due --------------- ---------------- Interest
Monthly, Repayable Extended
Description
Where Date of Manner
of
Payable &c. Amount by to of situated
Remarks
Discharge
Discharge ------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --
*6* The Sch, Forms A-E-Now cited as Repatriation Act 1920.
SCH
--------
Substituted by 1960 No. 56 r. 10
SCH
Regulation 28
FORM S.P.3
COMMONWEALTH OF AUSTRALIA
REPATRIATION DEPARTMENT
INCOME AND PROPERTY STATEMENT
------------------------------------------------------------------------------ --
1. Your full name (block letters)
------------------------------------------------------------------------------ -- 2. Your full postal address
------------------------------------------------------------------------------ --
3. What is your age?
------------------------------------------------------------------------------ -- 4. Are you single, married, widowed, or
divorced?
(State which)
------------------------------------------------------------------------------ -- 5. If married, are you living with your spouse?
------------------------------------------------------------------------------ -- 6. (a) Are you employed on your own account
or by an employer? (State which)
(b) What is the full name and address of
your present employer?
(c) Give full name and address of any other
employers during the last twelve months and
approximate dates of employment
(d) How much per week are your earning?
State exact amount; and when employment
commenced
(e) How much did you earn during the last
twelve months?
------------------------------------------------------------------------------ -- 7. (a) Do you pay rent? If so, state amount
paid per week
(b) Do you pay for-
(i) Board
(ii) Lodging?
(c) If so, state amount paid per week
(d) Give name and address of person to whom
you pay rent, board or lodging
------------------------------------------------------------------------------ -- 8. Do you receive board or lodging either
free or in return for services? If so, state
from whom, and the relationship, if any, of
such a person to yourself
------------------------------------------------------------------------------ -- 9. Do you own or partly own the house in
which you live? If so, give-
(i) Present value of home
(ii) Amount of any mortgage or encumbrance
------------------------------------------------------------------------------ -- 10. Do you own or partly own or have an
interest in any other house, land or property?
If so, give-
(i) Exact location
(ii) Value of house, land or property
(iii) Amount of any mortgage or
encumbrance
------------------------------------------------------------------------------ -- 11. Do you sublet any portion of the house in
which you live? If so, state-
Weekly amount of rent received from this
source
------------------------------------------------------------------------------ -- 12. Do you keep boarders or lodgers other
than your children? If so, state-
(a) Number of lodgers receiving
accommodation only and the total weekly amount
received from them
(b) Number of lodgers receiving bed and
breakfast only and the total weekly amount
received from them
(c) Number of boarders receiving full board
and the total weekly amount received from them
------------------------------------------------------------------------------ -- 13. Do you conduct a farm or a small holding?
If so, state-
Value and number of any horses, cattle,
sheep, other livestock, cars, vehicles,
implements, &c., owned and used by you in
conducting your farm or holding (give full
details)
------------------------------------------------------------------------------ -- 14. Do you conduct a business? If so, state-
(a) Average weekly turnover
(b) Average weekly profit
------------------------------------------------------------------------------ -- 15. Do you receive any of the following? If
so, give full particulars
(a) Age, invalid, or widow's pension or any
other social service payment
(b) Compensation, superannuation or miner's
pension
(c) Any other pension
------------------------------------------------------------------------------ -- 16. Have you any of the following:
(a) Money in any bank or savings bank? If
so, give name and address of each bank, the
amount standing to your credit in each and the
number of each account
(b) Cash on hand, bonds, stock, shares,
money on loan, or other investments. Give
details and value
(c) Interest in any deceased estate. Give
full particulars
(d) Life assurance policies. Give full
particulars including policy number and name
of company
------------------------------------------------------------------------------ -- 17. Have you any other income or property
(including car) not previously disclosed in
this statement?
------------------------------------------------------------------------------ -- 18. Have you during the last twelve months
transferred or otherwise disposed of money,
assets, or property (including car) of any
kind? If so, give details
------------------------------------------------------------------------------ -- THE FOLLOWING PARTICULARS ARE REQUIRED REGARDING ANY OF YOUR CHILDREN
UNDER 16 YEARS WHO ARE BEING MAINTAINED BY YOU
------------------------------------------------------------------------------ -- State weekly
earning
or weekly income
Name Age per child Address
------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --
I declare that I am the person whose particulars of income and property are
set out in the above statement, and that these particulars are true and correct
in every detail. I undertake to notify the Department immediately there is any
change in the above particulars. I am aware that there are penalties for making
a false or misleading statement.
(Signature of Pensioner or Applicant) (Date)
--------
Forms TA and TB omitted by 1979 No. 116 r. 11; TC and TD omitted by 1974 No. 57 r. 3; TE-TL omitted by 1979 No. 116 r. 11
* * * * * * * *
SCH
--------
Added by 1979 No. 116 r. 11
SCH
FORM T
Regulation 46D
REPATRIATION REVIEW TRIBUNAL
SUMMONS
In the matter of the application by
for review of a decision by
To: (name and address of witness)
YOU ARE HEREBY SUMMONED to appear before the Repatriation Review Tribunal at
(place, time and date of hearing) and on each subsequent day of the hearing of
the above-mentioned proceeding until you are excused or released from further
attendance to give evidence (* and to produce the following documents:)
Presiding Member
Date
* Delete if inapplicable.
------------------------------------------------------------------------------ --
0
0
0