Repatriation (Special Overseas Service) Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 2721

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Repatriation (Special Overseas Service) Regulations2 (Amendment)

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation (Special Overseas Service) Act 1962.

Dated 11 October 1985.

J. A. ROWLAND

Administrator

By His Excellency’s Command,

A. T. GIETZELT

Minister of State for Veterans’ Affairs

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Interpretation

1. Regulation 3 of the Repatriation (Special Overseas Service) Regulations is amended—

(a) by omitting the definition of “deceased unmarried member”;

(b) by inserting after the definition of “Secretary” the following definition:

“‘service pension’ has the same meaning as in Part III of the Repatriation Act;”;

(c) by omitting all the words after “service,” from the definition of “totally and permanently incapacitated” and substituting “the member has been accepted, pursuant to section 35 of the Repatriation Act and Schedule 2 to that Act as applied by the Act, as a person to whom the special rate of pension may be granted”; and

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

“ ‘wife’ means—

(a) the wife of a member; or

(b) a person who is a dependent female, as defined in section 23 of the Repatriation Act, of a living member.”.

 

Notification of marriage, &c., by female dependant

2. Regulation 16 of the Repatriation (Special Overseas Service) Regulations is amended—

(a) by inserting in sub-regulation (1) “service” before “pension”; and

(b) by inserting after sub-regulation (1) the following sub-regulation:

“(1a) A female dependant to whom a pension other than a service pension is payable who marries shall forthwith send written notification of her marriage to a Deputy Commissioner.”.

Medical treatment for widows, &c.

3. (1) Regulation 38 of the Repatriation (Special Overseas Service) Regulations is amended—

(a) by omitting from sub-regulation (1) all the words after “deceased members”; and

(b) by omitting from sub-regulation (2) “39 (4) or”.

(2) Notwithstanding the amendments effected by sub-regulation (1), where a person who is a widowed mother, or a widowed stepmother, of a deceased unmarried member—

(a) had been granted a pension under the Repatriation (Special Overseas Service) Act 1962 which, by force of sub-section (2) of section 66 of the Repatriation Legislation Amendment Act 1985’, continued to be payable after the commencement of that section; and

(b) continues to be entitled to that pension,

that person continues, by force of this sub-regulation, to be a person for whom a Deputy Commissioner may, subject to such conditions as the Repatriation Commission determines, provide medical treatment.

Funeral expenses of dependants of deceased members

4. Regulation 50 of the Repatriation (Special Overseas Service) Regulations is amended by omitting paragraphs (c), (d), (e) and (0 and substituting the following paragraphs:

“(c) a person who was a widowed mother of a deceased unmarried member and who—

(i) became a widow before, or within 3 years after, the death of the member; and

(ii) was, at the time of her death, receiving a pension payable by force of sub-section 66 (2) of the Repatriation Legislation Amendment Act 1985;

(d) a person who was a widowed mother of a deceased unmarried member (being a member who was born out of wedlock and brought up by her) and who—

(i) became a widow before, or within 3 years after, the death of the member; and

 

(ii) was, at the time of her death, receiving a pension payable by force of sub-section 66 (2) of the Repatriation Legislation Amendment Act 1985;

(e) a person who was an unmarried mother of a deceased unmarried member (being a member who was brought up by her) and who was, at the time of her death, receiving a pension payable by force of sub-section 66 (2) of the Repatriation Legislation Amendment Act 1985;

(f) a person who was a widowed step-mother of a deceased unmarried member and who—

(i) became a widow before, or within 3 years after, the death of the member; and

(ii) was, at the time of her death, receiving a pension payable by force of sub-section 66 (2) of the Repatriation Legislation Amendment Act 1985;”.

Repeal of regulations 55, 57, 58 and 59

5. Regulations 55, 57, 58 and 59 of the Repatriation (Special Overseas Service) Regulations are repealed.

Repeal of regulation 61

6. (1) Regulation 61 of the Repatriation (Special Overseas Service) Regulations is repealed.

(2) Notwithstanding the repeal effected by sub-regulation (1), an allowance that—

(a) was granted under regulation 61 of the Repatriation (Special Overseas Service) Regulations before the commencement of this regulation; and

(b) was payable immediately before the commencement of this regulation,

continues, by force of this sub-regulation, to be payable after the commencement of this regulation as if that repeal had not been effected.

Repeal of regulation 79

7. Regulation 79 of the Repatriation (Special Overseas Service) Regulations is repealed.

8. Regulation 80 of the Repatriation (Special Overseas Service) Regulations is repealed and the following regulation substituted:

Limitation on assistance and benefits to child dependants of female members

“80. An allowance or benefit under these Regulations shall not be granted or continued to a child of a female member unless the child is without adequate means of support.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 October 1985.

2. Statutory Rules 1963 No. 43 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 47 and set also