Repatriation (Special Overseas Service) Act 1962 (Cth)
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 [Note: This Act is "repealed" by Act No. 27 of 1986]
(#DATE 30:09:1980)
(#DATE 30:09:1980)
- Incorporating all amendments by legislation made to 30 September 1980
*1* The Repatriation (Special Overseas Service) Act 1962 (a) as shown in this
reprint comprises Act No. 89, 1962 as amended by the other Acts specified in the following table:
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
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Repatriation
(Special Overseas
Service) Act 1962 89, 1962 14 Dec 1962 28 May 1963 (see
Gazette 1963, p.
1869)
Repatriation
(Special Overseas
Service) Act 1964 108, 1964 20 Nov 1964 S. 5: 6 Aug 1965
(see Gazette 1965,
p. 3401)
Remainder: Royal
Assent -
Repatriation
(Special Overseas
Service) Act 1965 110, 1965 18 Dec 1965 18 Dec 1965 (b) -
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -
Repatriation
(Special Overseas
Service) Act 1968 78, 1968 31 Oct 1968 31 Oct 1968 -
Repatriation
(Special Overseas
Service) Act 1972 80, 1972 27 Sept 1972 27 Sept 1972 -
Repatriation
(Special Overseas
Service) Act 1973 3, 1973 16 Mar 1973 16 Mar 1973 -
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Repatriation Acts
Amendment Act 1974 90, 1974 31 Oct 1974 S. 6: 4 June 1975
(see Gazette 1975,
No. 102, p. 1)
Remainder: Royal
Assent S. 28 (2)
Repatriation Acts
Amendment Act 1978 129, 1978 26 Oct 1978 Ss. 5-11, 13, 17,
20-22, 24, 27, 31,
33, 34, 36 and
Part VII (ss.
37-42): 1 Nov 1978
Remainder: Royal
Assent -
Repatriation Acts
Amendment Act 1979 18, 1979 28 Mar 1979 Ss. 1-3, 4 (a) and
26:
Royal Assent
Remainder: 1 July
1979 -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.
(b) Section 2 of the Repatriation (Special Overseas Service) Act 1965
provides as follows:
"2. (1) Subject to the next succeeding sub-section, this Act shall come
into operation on the day on which it receives the Royal Assent.
"(2) The amendments made by section 4 of this Act shall be deemed to have
come into operation on the twenty-eighth day of May, One thousand nine hundred
and sixty-three."
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Special areas
5. Extension of Act to Territories
6. Liability of Commonwealth to pay pensions to members of the Forces
7. Extension of certain provisions of Repatriation Act
7A. Pensions in relation to service other than special service
8. Pensions payable to certain dependent females
9. Pension to divorcee of member
10. Limitations on pensions to dependants of female members
11. Maximum rates of pensions where death, &c., attributable partly to
other service
12. Evidence
13. Delegation
13A. Appropriation for pensions, &c.
14. Regulations
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REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - LONG TITLE SECT
An Act to provide Benefits for certain Members of the Defence Force who have served outside Australia, and for purposes connected therewith. Title amended by No. 110, 1965, s. 3
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 1.
Short titleSECT
1. This Act may be cited as the Repatriation (Special Overseas Service) Act 1962.*1*
See notes to first article of this Chapter.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 2.
CommencementSECT
2. This Act shall come into operation on a date to be fixed by Proclamation.*1*
See notes to first article of this Chapter.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 3.
InterpretationSub-section (1) amended by No. 108, 1964, s. 3; No. 110, 1965, s. 4; No. 78, 1968, s. 3; No. 80, 1972, s. 3; No. 3, 1973, s. 3; No. 216, 1973, s. 3; No. 129, 1978, s. 28
SECT
3. (1) In this Act, unless the contrary intention appears-
"adopted ", in relation to a child, means adopted in accordance with the law of a State or a Territory or of another country;
"Board" means a Repatriation Board constituted under the Repatriation Act;
"member" or "member of the Forces" means a person who, while a member of the Defence Force, has served on special service;
"pension" means a pension under this Act, and includes the amounts and allowances specified in the Schedules to the Repatriation Act as applied by section 7 of this Act;
"port" includes airport;
"special duty ", in relation to a special area, means duty relating directly to the warlike operations or state of disturbance by reason of which the declaration in respect of the area has been made by regulations in accordance with section 4;
"special service ", in relation to a person, means service of the person as a member of the Naval, Military or Air Forces during a period comprising-
(a) a period when he is outside Australia and he or his unit is allotted for special duty in a special area; and
(b) if, at the end of that period, he is outside Australia and travels to a place other than the place where he is at the end of that period, being a place to which he or his unit is allotted for duty other than special duty-the period commencing at the end of that period and ending at the time when-
(i) he arrives at that other place;
(ii) he commences a further period of special service; or
(iii) he ceases to be outside Australia,
whichever first occurs;
"the Commission" means the Repatriation Commission constituted under the Repatriation Act;
"the Repatriation Act" means the Repatriation Act 1920-1962;
"unit ", in relation to a person, means a body, contingent or detachment of the Naval, Military or Air Forces of which he is a member or to which he is attached.
Inserted by No. 110, 1965, s. 4SECT
(1A) For the purposes of the definition of "special service" in the last preceding sub-section-
(a) a person who travels from a place in Australia to a place outside Australia shall be deemed to have departed from Australia when he departs from the last port of call in Australia; and
(b) a person who travels to Australia from a place outside Australia shall be deemed to have arrived in Australia when he arrives at the first port of call in Australia.
Substituted by No. 3, 1973, s. 3SECT
(2) In this Act, unless the contrary intention appears, "child ", "member of the family ", "parents ", "step-daughter ", "step-son ", "widow" and "wife" have the same respective meanings as in Part III of the Repatriation Act except that, for the purposes of this sub-section, a reference in that Part to a member of the Forces shall be read as a reference to a member of the Forces for the purposes of this Act.
Added by No. 78, 1968, s. 3; amended by No. 129, 1978, s. 28SECT
(3) Where a member of the Naval, Military or Air Forces who is serving on special service-
(a) returns to Australia in accordance with the Rest and Recuperation arrangements of the Naval, Military or Air Forces;
(b) returns to Australia on emergency or other leave granted on compassionate grounds;
(c) returns to Australia on duty; or
(d) returns to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Naval, Military or Air Forces,
so much of the period of service of the member in Australia after his return as does not exceed fourteen days shall, for the purposes of the definition of "special service" in sub-section (1), be deemed to be a period when the member is outside Australia.
Added by No. 90, 1974, s. 26SECT
(4) For the purposes of this Act, a person residing in Papua New Guinea immediately before it becomes an independent sovereign state shall, until he ceases so to reside, be deemed to be resident in Australia.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 4.
Special areasSECT
4. (1) The regulations may declare that, by reason of warlike operations, or a state of disturbance, in or affecting a specified area outside Australia, that area shall become, on a specified date, a special area for the purposes of this Act or shall be deemed to have become, on a specified date (which may be a date before the commencement of the regulations or before the commencement of this Act), a special area for the purposes of this Act.
(2) The regulations may declare that a special area shall, on and after a specified date, be no longer a special area for the purposes of this Act.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 5.
Extension of Act to TerritoriesAmended by No. 216, 1973, s. 3
SECT
5. This Act extends to all the Territories.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 6.
Liability of Commonwealth to pay pensions to members of the ForcesSECT
6. (1) Upon the incapacity or death of a member of the Forces whose incapacity or death has resulted from an occurrence that happened during a period of special service of the member (including the contracting of a disease during such a period), the Commonwealth is, subject to this Act, liable to pay to the member, to the dependants of the member or to both, as the case may be, pensions in accordance with Division 1 of Part III of the Repatriation Act as applied by the next succeeding section.
(2) In the application of the last preceding sub-section in relation to, or to matters arising out of, an incapacity or the death of a member, a reference to the dependants of a member of the Forces shall be read as a reference to-
(a) in the case of a male member-
(i) the wife or widow of the member;
(ii) the widowed mother of the member, if the member is unmarried;
(iii) a child of the member;
(iv) if the member is deceased, a parent of the member who is at any time after the death of the member without adequate means of support;
(v) any other member of the family of the member who was wholly or partly dependent upon his earnings at any time during the relevant period of special service;
(vi) an ex-nuptial child of a son or daughter of the member, being an ex-nuptial child wholly or partly dependent upon the earnings of the member at any time during the relevant period of special service; and
(vii) where the member is an ex-nuptial child, the parent or grandparent of the member, being a parent or grandparent wholly or partly dependent upon the earnings of the member at any time during the relevant period of special service; and
(b) in the case of a female member-
(i) the husband or widower of the member if he was married to the member before or during the relevant period of her special service;
(ii) a child of the member; and
(iii) such other members of the family of the member, or, if the member is an ex-nuptial child, such of the parents or grandparents of the member as were wholly or partly dependent upon her earnings at the time of the commencement of, or at any time during, the relevant period of special service.
(3) Subject to the next succeeding sub-section, the Commonwealth is not liable under this section if the incapacity or death of a member-
(a) was due to the member's serious default or wilful act;
(b) arose from intentionally self-inflicted injuries; or
(c) arose from, or from an occurrence that happened during the commission of, a serious breach of discipline by the member.
(4) Where the death of a member is, in the opinion of the Commission, due to venereal disease contracted during the member's special service, the last preceding sub-section does not affect the liability of the Commonwealth to pay pensions to the widow, widower or children of the member.
(5) Where the origin of the cause of an incapacity or of the death of a member of the Forces existed before the commencement of a period of special service of the member and, in the opinion of the Commission or a Board-
(a) the incapacity from which the member is suffering was contributed to in any material degree, or has been aggravated, by the conditions of that special service or the member's death has been contributed to in any material degree by those conditions; and
(b) neither the incapacity or death, nor the origin of the cause of the incapacity or death, was due to the member's serious default or wilful act,
the incapacity or death shall be deemed to have resulted from an occurrence that happened during that period of special service.
(6) Where the incapacity of a member of the Forces has resulted from an occurrence that happened during a period of special service of the member a pension is not payable in respect of that incapacity for any period before the termination of that period of special service. (7) Where a pension is granted, the Commission or a Board may, subject to this Act, approve of the payment of the pension as from a date not more than three months before the date of lodgment of the claim for pension.
(8) The right conferred by this Act on a member of the Forces to payment by way of pension in respect of an incapacity, or on a person other than a member to payment by way of pension in respect of an incapacity or the death of a member, is in substitution for the right (if any) of that member or of that other person to a payment in respect of the incapacity, or of the incapacity or death of the member, as the case may be, to which, but for this sub-section, he would have been entitled under the Naval Defence Act 1910-1952, the Defence Act 1903-1956 or the Air Force Act 1923-1956, and any such right of the member or other person under any of those Acts is, by force of this sub-section determined.
Amended by No. 108, 1964, s. 4SECT
(9) If a person or persons who is or are entitled under this Act to pension in respect of the incapacity or death of a member is or are also entitled under-
(a) the law of a country other than the Commonwealth that is or has been a part of the dominions of the Crown; or
(b) the law of a State,
to receive any payment or payments in respect of the incapacity or death of the member resulting from employment in relation to warlike operations in which the Sovereign is or was engaged, or in connexion with the British Commonwealth Far East Strategic Reserve, the rate or amount of every such payment shall be taken into account in assessing the rate or rates of pension payable under this Act so that the total payments to that person or those persons, as the case may be, shall not exceed the total payments to which that person, or those persons respectively or collectively, would be entitled if eligible solely under this Act.
Sub-section (10) omitted by No. 3, 1973, s. 4
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REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 7.
Extension of certain provisions of Repatriation ActSub-section (1) amended by No. 78, 1968, s. 4; No. 129, 1978, s. 28; No. 18, 1979, s. 36
SECT
7. (1) Subject to this Act, the provisions of Division 1 of Part III (other than sections 24, 42, 44 and 54) and sections 114, 114A, 119, 120A, 120B and 121 of, and the Schedules to, the Repatriation Act extend to and in relation to-
(a) members of the Forces within the meaning of this Act; and
(b) the dependants of those members.
Substituted by No. 78, 1968, s. 4; amended by No. 3, 1973, s. 5; No. 129, 1978, s. 28SECT
(2) Subject to this Act, the provisions of Division 5 of Part III of the Repatriation Act extend to and in relation to-
(a) a member of the Forces within the meaning of this Act;
(b) the wife, as defined by sub-section (1) of section 83 of the Repatriation Act, of such a member; and
(c) a child, as defined by sub-section (1) of section 83 of the Repatriation Act, of such a member.
Added by No. 78, 1968, s. 4; amended by No. 90, 1974, s. 27; No. 129, 1978, ss. 27 and 28SECT
(3) In the application, by virtue of the last two preceding sub-sections, of the provisions of the Repatriation Act specified in those sub-sections in relation to a member-
(a) a reference to a member of the Forces or to a member shall be read as a reference to a member of the Forces within the meaning of this Act;
(b) a reference to dependants shall be read, in relation to, or to matters arising out of, an incapacity or the death of the member, as a reference to the persons who are dependants of the member for the purposes of the application of sub-section (1) of section 6 of this Act in relation to that incapacity or death;
(c) a reference to war service shall be read as a reference to special service;
(d) a reference to service in a theatre of war shall be read as a reference to service on special service;
* * * * * * * *
SECT
(ea) the reference in sub-section (5) of section 83 of the Repatriation Act to sub-section (2) of section 6 of that Act shall be read as a reference to sub-section (4) of section 3 of this Act; and
(f) a pension under section 6 of this Act shall be deemed to be a pension under Division 1 of Part III of the Repatriation Act.
Inserted by No. 18, 1979, s. 36SECT
(3A) Subject to this Act, the provisions of Parts IIIA, IIIB and IIIC of the Repatriation Act extend to and in relation to-
(a) members of the Forces within the meaning of this Act; and
(b) the dependants of those members,
and, in the application by virtue of this sub-section of those provisions-
(c) a reference to a member of the Forces shall be read as a reference to a member of the Forces within the meaning of this Act;
(d) a reference to war service shall be read as a reference to special service;
(e) a reference to a pension under the Repatriation Act shall be read as a reference to a pension under this Act; and
(f) a reference to the Repatriation Act shall be read as a reference to this Act and to the Repatriation Act in its application by virtue of this Act.
Added by No. 3, 1973, s. 5SECT
(4) Section 120C of the Repatriation Act applies in relation to a pension, allowance or other benefit under this Act or the regulations as if it were a pension, allowance or other benefit under that Act.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 7A.
Pensions in relation to service other than special serviceInserted by No. 110, 1965, s. 5
SECT
7A. (1) Upon the incapacity or death of a person whose incapacity or death has resulted from an occurrence that happened, other than during a period of special service of the person but when the person was a member of the Naval, Military or Air Forces and in an area outside Australia, as a result of action by hostile forces, the Commonwealth is liable to pay a pension or pensions, in accordance with this Act, in respect of the incapacity or death as if the person had been serving on special service when the occurrence happened and the day on which the occurrence happened were the period of that special service.
(2) For the purposes of the last preceding sub-section, an occurrence that happened while a person was engaged in warlike operations against hostile forces in an area outside Australia shall be deemed to have happened as a result of action by hostile forces.
(3) In this section, "occurrence ", in relation to a person, includes the contracting of a disease by the person but does not include an occurrence that happened before the commencement of this section.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 8.
Pensions payable to certain dependent femalesSECT
8. (1) Where-
(a) a person was, both at the time of the commencement of a period of special service of a member and at the time of the happening, during that period, of an occurrence (including the contracting of a disease) that resulted in the member's incapacity or death, recognized as the wife of the member though not legally married to him; and
(b) the Commission is satisfied that that person was wholly or partly dependent upon the earnings of the member at those times,
a pension under this Act may be paid to that person at a rate not exceeding the rate of pension that would have been payable to her under this Act if she had been legally married to the member.
(2) A pension may be paid under this section in addition to any pension payable to the wife or widow, as the case may be, of the member.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 9.
Pension to divorcee of memberSECT
9. Where, at the time of the happening during a member's special service of an occurrence (including the contracting of a disease) that resulted in the incapacity or death of the member, a person who had been the wife of the member but had been divorced was dependent upon alimony or maintenance payable by the member, a pension under this Act may, on discontinuance of the payment of the alimony or maintenance, as the case may be, be paid to that person at a rate equal to-
(a) the amount of the alimony or maintenance, as the case may be; or
(b) the rate of pension which would have been payable to her if she had not been divorced,
whichever is the less.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 10.
Limitations on pensions to dependants of female membersSECT
10. (1) A pension under this Act in respect of the incapacity or death of a female member of the Forces shall not be granted or continued to a person, other than the member or a child of the member, unless-
(a) where the pension is in respect of the incapacity of the member-the member is being paid, or, in the case of a deceased member, was immediately before her death being paid, a pension at a rate not less than fifty per centum of the rate for total incapacity and the person is wholly or substantially dependent upon the member or would, but for the death or incapacity of the member, be so dependent; or
(b) where the pension is in respect of the death of the member-the person would, but for the death of the member, be so dependent,
and, where the person is the husband of the member, unless the husband is, by reason of physical or mental incapacity, unable to earn a livelihood, is without adequate means of support and is not separated from the member.
(2) A pension under this Act shall not be granted or continued to a child of a female member of the Forces unless the member is dead and the child is without adequate means of support, or, if the 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.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 11.
Maximum rates of pensions where death, &c., attributable partly to other
serviceAmended by No. 129, 1978, s. 28
SECT
11. Where the incapacity or death of a member was, or the incapacity and death of a member were both, attributable partly to the special service of the member and partly to-
(a) the service of the member in or in connexion with-
(i) the present war within the meaning of section 23 of the Repatriation Act;
(ii) the war within the meaning of section 100 of that Act; or
(iii) the warlike operations in Korea or Malaya before the commencement of the Repatriation (Far East Strategic Reserve) Act 1956; or
(b) "Malayan service" of the member within the meaning of section 3 of the Repatriation (Far East Strategic Reserve) Act 1956-1962,
the Commonwealth is not liable to pay to a person, in respect of the incapacity or death, pensions at rates which in the aggregate, exceed the rate at which pension would be payable to that person if the incapacity or death, or both the incapacity and death, as the case may be, were attributable wholly to the special service of the member.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 12.
EvidenceSECT
12. For the purposes of this Act, or any other Act, a certificate under the hand of a person authorized by the Naval Board, the Military Board or the Air Board to give certificates under this section certifying that a body, contingent, detachment or member of the Naval, Military or Air Forces was or was not, during a specified period, allotted for special duty in a specified special area is conclusive evidence of the matters stated in the certificate.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 13.
DelegationSub-section (1) amended by No. 129, 1978, s. 28
SECT
13. (1) The Commission may, with the approval of the Minister, by writing under its seal, delegate, either generally or otherwise as provided in the instrument of delegation, all or any of its powers and functions under this Act (except this power of delegation) or under the provisions of the Repatriation Act as applied by section 7 of this Act.
(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable in writing at will and does not prevent the exercise of a power or the performance of a function by the Commission.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 13A.
Appropriation for pensions, &c.Inserted by No. 90, 1974, s. 28
SECT
13A. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly-
(a) pensions;
(b) service pensions, allowances and transitional benefits under Division 5 of Part III of the Repatriation Act as applied by section 7; and
(c) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed-
(i) by the regulations; or
(ii) by reference to a rate or amount fixed by regulations under the Repatriation Act or by reference to that Act.
REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962 - SECT. 14.
RegulationsSub-section (1) amended by No. 93, 1966, s. 3; No. 80, 1972, s. 4; No. 129, 1978, s. 28
SECT
14. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, making provision for or in relation to-
(a) the granting of assistance and benefits to-
(i) members of the Forces;
(ii) children (including step-children, adopted children and ex-nuptial children) of members of the Forces, whether children as defined by section 3 or not;
(iii) dependants (as defined by the regulations), other than children, of members of the Forces; and
(iv) persons to whom section 8 applies;
(b) the granting of assistance by way of payment of funeral expenses in respect of any of the persons referred to in the last preceding paragraph; and
(c) penalties not exceeding a fine of $50 or imprisonment for 3 months for offences against the regulations.
Inserted by No. 108, 1964, s. 5; amended by No. 129, 1978, s. 28SECT
(1A) Subject to sub-section (1C), where medical treatment is provided to a person under the regulations-
(a) in circumstances in which the regulations provide for payment in accordance with this sub-section; or
(b) in any case in which, before the treatment is provided, the Commission, for special reasons, determines that payment should be made in accordance with this sub-section and notifies the person accordingly,
the person is liable to pay to the Commonwealth, as a debt due to the Commonwealth, such reasonable charges in respect of the treatment as the Commission notifies to him in writing.
Inserted by No. 108, 1964, s. 5SECT
(1B) Regulations made in pursuance of paragraph (a) of the last preceding sub-section may provide for payment in accordance with that sub-section in any case in which-
(a) a person (whether before, during or after the provision of the treatment) recovers or receives; or
(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies a person that the person is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,
the whole or a part of the cost of the treatment, by way of damages or compensation, from another person.
Substituted by No. 90, 1974, s. 29; amended by No. 129, 1978, s. 28SECT
(1C) Sub-section (1A) does not apply in relation to-
(a) medical treatment in respect of a condition giving rise to an incapacity in respect of which the Commonwealth-
(i) is liable to pay pension under this Act to the person;
(ii) would be so liable if the incapacity were great enough to warrant a pension assessment; or
(iii) would be so liable but for sub-section (9) of section 6; or
(b) medical treatment for a member of the Forces in respect of malignant neoplasia.
(2) The regulations may make provision for or in relation to-
(a) the payment of any pension or allowance to a person on behalf of, or as trustee for, the person to whom the pension or allowance is payable under this Act; and
(b) the disbursement or accumulation of a pension or allowance so paid for the benefit of the person to whom it is payable under this Act or of members of the family of that person or of persons dependent on him.
Added by No. 108, 1964, s. 5SECT
(3) In this section, "medical treatment" means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes-
(a) any accommodation, nursing care or transport in relation to such treatment; and
(b) the supply, renewal and repair of artificial replacements and surgical and other aids and appliances.
Added by No. 110, 1965, s. 6; amended by No. 129, 1978, s. 28SECT
(4) Regulations under this section may make provision for and in relation to a person referred to in section 7A, and any children (including step-children, adopted children and ex-nuptial children) or other dependants of the person, as if the person were a member of the Forces for the purposes of this Act. --------------------------------------------------------------------------------
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