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

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STATUTORY RULES

1972 No.

 

REGULATIONS UNDER THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962-1972.*

I, THE GOVERNOR-GENERAL in and over 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 1962-1972.

Dated this second day of November, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

R. McN. HOLTEN

Minister of State for Repatriation.

 

Amendments of the Repatriation (Special Overseas Service) Regulations 

Treatment for incapacity not due to special service.

1. Regulation 32 of the Repatriation (Special Overseas Service) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “A member” and inserting in their stead the words “Subject to the next succeeding sub-regulation, a member”; and

(b) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) The provisions of the last preceding sub-regulation do not apply to a member in relation to a disease referred to in paragraph (b) of that sub-regulation if the member—

(a) is receiving a rate of pension—

(i) under the Second Schedule to the Repatriation Act as applied by the Act; or

(ii) under the provisions of paragraph 6 of the First Schedule to the Repatriation Act as so applied;

(b) is receiving an amount in respect of a disability described in any of the first six items (in Column 1) of the table in paragraph 1 of the Fifth Schedule to the Repatriation Act as applied by the Act;

(c) is receiving a pension referred to in paragraph (a) or an amount referred to in paragraph (b) of this sub-regulation but, by virtue of the operation of sub-section (9.) of section 6 of the Act, at a reduced rate; or

 

* Notified in the Commonwealth Gazette on 1972.

 Statutory Rules 1963, No. 43, as amended by Statutory Rules 1965, No. 126; 1966, Nos. 141 and 170; and 1970, No. 152.

20092/72—Price 5c 10/13.10.1972

(d) was receiving a pension referred to in paragraph (a) or an amount per fortnight referred to in paragraph (b) of this sub-regulation but the pension or amount has been cancelled under section 43 of the Repatriation Act as applied by the Act.”.

Sustenance allowance while undergoing medical treatment, &c.

2. Regulation 36 of the Repatriation (Special Overseas Service) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(7.) In this regulation ‘child’, in relation to a member, means—

(a) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial child who was born more than nine months after the termination of the member’s special service and has not been adopted by the member) who has not attained the age of sixteen years; and

(b) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial child who was born more than nine months after the termination of the member’s special service and has not been adopted by the member) who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

(ii) is receiving full time education at a school, college or university; and

(iii) is not in receipt of a pension under Part III. of the Social Services Act 1947-1972.”.

Expenses of travelling for medical treatment or pension purposes.

3. Regulation 39 of the Repatriation (Special Overseas Service) Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) The amount payable under the last preceding sub-regulation shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount exceed—

(a) where the amount is payable in respect of travelling to or returning from a Capital City—

(i) if the person and his attendant so travel—Thirty-five dollars thirty cents per day; or

(ii) in any other case—Seventeen dollars sixty-five cents per day; or

(b) where the amount is payable in respect of travelling to or returning from a place other than a Capital City—

(i) if the person and his attendant so travel—Twenty-six dollars ten cents per day; or

(ii) in any other case—Thirteen dollars and five cents per day.”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

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