Seamen's War Pensions and Allowances Act 1940 (Cth)
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 [Note: This Act is "repealed" by Act No. 98 of 1994]
(#DATE 30:04:1994)
(#DATE 30:04:1994)
- Reprinted as at 30 April 1994 *1* The Seamen's War Pensions and Allowances Act 1940 as shown in this reprint comprises Act No. 60, 1940 amended as indicated in the Tables below.
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Seamen's War Pensions and Allowances Act 1940
60, 1940 24 Aug 1940 21 Sept 1940
Defence (Transitional Provisions) Act 1946
77, 1946 14 Dec 1946 1 Jan 1947 S. 5
Statute Law Revision Act 1950
80, 1950 16 Dec 1950 31 Dec 1950 S. 16
Seamen's War Pensions and Allowances Act 1952
17, 1952 30 May 1952 30 May 1952 S. 4 (2)
(am. by 100,
1982, s. 87)
as
amended
by
Repatriation Legislation Amendment Act 1982
100, 1982 28 Oct 1982 (see 100, 1982 below)
-
Seamen's War Pensions and Allowances Act (No. 2) 1952
75, 1952 1 Nov 1952 1 Nov 1952 S. 10
Seamen's War Pensions and Allowances Act 1953
70, 1953 28 Oct 1953 28 Oct 1953 S. 4
Seamen's War Pensions and Allowances Act 1954
32, 1954 6 Oct 1954 6 Oct 1954 S. 5
Seamen's War Pensions and Allowances Act 1955
40, 1955 19 Oct 1955 19 Oct 1955 S. 6
Seamen's War Pensions and Allowances Act 1957
45, 1957 15 Oct 1957 15 Oct 1957 S. 7
Seamen's War Pensions and Allowances Act 1958
48, 1958 30 Sept 1958 30 Sept 1958 S. 4
Seamen's War Pensions and Allowances Act 1959
59, 1959 30 Sept 1959 30 Sept 1959 S. 4
Seamen's War Pensions and Allowances Act 1960
46, 1960 28 Sept 1960 28 Sept 1960 S. 4
Seamen's War Pensions and Allowances Act 1961
47, 1961 27 Sept 1961 S. 4: 2 Aug 1961
Remainder: Royal Assent
Ss. 7 and 8
Seamen's War Pensions and Allowances Act 1964
64, 1964 23 Sept 1964 23 Sept 1964 S. 5
Seamen's War Pensions and Allowances Act (No. 2) 1964
113, 1964 23 Nov 1964 S. 6 (b): 25 June 1965 (see
Gazette 1965, p. 2545)
Remainder: Royal Assent
-
Seamen's War Pensions and Allowances Act 1965
65, 1965 6 Oct 1965 6 Oct 1965 S. 4
Seamen's War Pensions and Allowances Act 1966
43, 1966 30 Sept 1966 30 Sept 1966 S. 7
Seamen's War Pensions and Allowances Act 1967
102, 1967 10 Nov 1967 10 Nov 1967 S. 5 (2)
Seamen's War Pensions and Allowances Act 1968
67, 1968 27 Sept 1968 27 Sept 1968 S. 9
Seamen's War Pensions and Allowances Act 1969
96, 1969 27 Sept 1969 27 Sept 1969 S. 6
Seamen's War Pensions and Allowances Act 1970
61, 1970 28 Sept 1970 28 Sept 1970 S. 6
Seamen's War Pensions and Allowances Act 1971
18, 1971 7 Apr 1971 1 Apr 1971 S. 5
Seamen's War Pensions and Allowances Act (No. 2) 1971
69, 1971 29 Sept 1971 29 Sept 1971 S. 6
Seamen's War Pensions and Allowances Act 1972
16, 1972 24 Apr 1972 24 Apr 1972 S. 5
Seamen's War Pensions and Allowances Act (No. 2) 1972
83, 1972 27 Sept 1972 27 Sept 1972 S. 9
Seamen's War Pensions and Allowances Act 1973
6, 1973 16 Mar 1973 16 Mar 1973 S. 7
Seamen's War Pensions and Allowances Act (No. 2) 1973
106, 1973 26 Sept 1973 26 Sept 1973 S. 12
Seamen's War Pensions and Allowances Act 1974
4, 1974 22 Mar 1974 22 Mar 1974 Ss. 5 (2), (3)
and 13
Seamen's War Pensions and Allowances Act (No. 2) 1974
25, 1974 31 July 1974 31 July 1974 S. 4
Repatriation Acts Amendment Act 1974
90, 1974 31 Oct 1974 S. 6: 4 June 1975 (see Gazette
1975, No. S102)
Remainder: Royal Assent
Ss. 44 (2), 46
and 47
Repatriation Acts Amendment Act 1975
35, 1975 19 May 1975 19 May 1975 S. 18
Repatriation Acts Amendment Act (No. 2) 1975
111, 1975 27 Oct 1975 27 Oct 1975 S. 13
Repatriation Acts Amendment Act 1976
27, 1976 30 Apr 1976 30 Apr 1976 S. 10
Administrative Changes (Consequential Provisions) Act 1976
91, 1976 20 Sept 1976 S. 3: (a) S. 4
Repatriation Acts Amendment Act (No. 2) 1976
112, 1976 29 Oct 1976 Ss. 7-11, 14-16, 19 and 23: 25
Nov 1976
Remainder: Royal Assent
S. 30
Repatriation Acts Amendment Act 1977
56, 1977 16 June 1977 Ss. 1-3 and 12: Royal Assent
Remainder: 1 Oct 1977
-
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
S. 42
Repatriation Acts Amendment Act 1979
18, 1979 28 Mar 1979 Ss. 1-3, 4 (a) and 26: Royal
Assent
Remainder: 1 July 1979
Ss. 47 and
49-52
S. 48 (am. by
160, 1981,
s. 91)
as
amended
by
160, 1981 30 Oct 1981 (see 160, 1981 below)
-
Repatriation Acts Amendment Act (No. 2) 1979
124, 1979 29 Oct 1979 Ss. 6 and 20: 2 Nov 1979
S. 11: 1 Jan 1981 (see Gazette
1981, No. S280)
S. 13: 1 Nov 1979
Remainder: Royal Assent
S. 22
Repatriation Acts Amendment Act 1980
129, 1980 19 Sept 1980 Ss. 1-3, 4 (1), 5, 12, 14 and 16:
Royal Assent
S. 8: 1 Jan 1981
Remainder: 1 Nov 1980
S. 16 (1)
Repatriation Acts Amendment Act 1981
160, 1981 30 Oct 1981 Ss. 19, 30-42, 43 (2) and 58 (1):
1 Nov 1981
Ss. 21 and 92 (1): 1 Jan 1982
Ss. 25, 26 and 92 (2)-(4):
1 Feb 1982
Ss. 27 and 58 (2): 4 Feb 1982
Ss. 60 (2), 61, 62, 75 and 92
(5): 12 Nov 1981
Part IX (ss. 90 and 91):
1 July 1979
Remainder: Royal Assent
S. 92 (5)
Statute Law (Miscellaneous Amendments) Act (No.2) 1982
80, 1982 22 Sept 1982 Part LXXVII (s. 280): Royal
Assent (b)
S. 280 (2)
and (3)
Repatriation Legislation Amendment Act 1982
100, 1982 28 Oct 1982 Ss. 3 and 19 (1): 17 Aug 1982
Ss. 4 (2), 9 (2), 12, 19 (3), 20
(2), 21 (2), 22 (2), 23 (3), 24
and 63: 1 Mar 1983
Ss. 19 (2), (4), (5), 22 (1) and
49: 11 Nov 1982
S. 23 (2): 1 Feb 1983
Ss. 86 and 87: 30 May 1952 (see
s. 2 (2))
Remainder: Royal Assent
Ss. 60 (2), 61
(2), 65 (2) and
88
Repatriation Legislation Amendment Act 1983
70, 1983 24 Oct 1983 S. 4: 23 Dec 1983 (see Gazette
1983, No. S335)
Ss. 5 and 14 (2): 1 Nov 1983
Remainder: Royal Assent
Ss. 41 (2) and
42 (2)
Social Security and Repatriation (Budget Measures and Assets
Test) Act 1984
93, 1984 21 Sept 1984 Ss. 3-15: 1 Nov 1984
S. 16 (in part): 1 Aug 1984 (see
s. 2 (4))
S. 16 (in part): Royal Assent
(see s. 2)
Ss. 17 and 19-32: 8 Nov 1984
Remainder: Royal Assent
S. 32
Repatriation Legislation Amendment Act 1984
97, 1984 9 Oct 1984 1 Jan 1985 Ss. 47 (2) and
48-51
S. 47 (3) (am.
by 95, 1985,
s. 89)
as
amended
by
Social Security and Repatriation Legislation Amendment Act 1985
95, 1985 5 Sept 1985 Part XV (ss. 84-94): (c)
S. 90 (2) and
(3)
Repatriation Legislation Amendment Act 1985
90, 1985 6 June 1985 6 June 1985 Ss. 65-69
Social Security and Repatriation Legislation Amendment Act 1985
95, 1985 5 Sept 1985 Part XVII (ss. 97-99): (d)
-
Social Security and Repatriation (Budget Measures) Amendment Act
1985
127, 1985 28 Oct 1985 Ss. 33, 35 and 38: Royal
Assent (e)
Ss. 34 and 37: (e)
S. 36: (e) S. 38
Veterans' Entitlements (Transitional Provisions and Consequential
Amendments) Act 1986
28, 1986 19 May 1986 S. 61: Royal Assent
Remainder: 22 May 1986 (see
Gazette 1986, No. S225)
Ss. 64 and 65
Veterans' Entitlements (Transitional Provisions and Consequential
Amendments) Amendment Act 1986
29, 1986 19 May 1986 22 May 1986 (see Gazette 1986,
No. S225) -
as
amended
by
Veterans' Affairs Legislation Amendment Act 1987
78, 1987 5 June 1987 S. 62: Royal Assent (f)
S. 63: 21 May 1986 (f)
-
Social Security and Veterans' Affairs (Miscellaneous Amendments)
Act 1986
106, 1986 27 Oct 1986 Ss. 101, 102 (1), 106 and 108:
Royal Assent (g)
Ss. 102 (2), 104 and 107 (2): (g)
S. 103: (g)
S. 105: (g)
S. 107 (1): (g)
S. 108
Veterans' Affairs Legislation Amendment Act 1987
78, 1987 5 June 1987 Ss. 66, 68, 69, 71, 72 (2) and
73-76: Royal Assent (h)
Ss. 67, 70 and 72 (1): (h)
-
Social Security and Veterans' Entitlements Amendment Act 1987
88, 1987 5 June 1987 Ss. 4 (1) and 17: 12 June 1987
Ss. 6, 9, 12 (6), 13, 21, 24-26,
28, 40-43, 45 and 46: 1 Sept 1987
Ss. 8, 10, 11, 12 (a), 14, 16,
19, 20, 22, 23, 27 and 37: 1 July
1987
Ss. 15, 29, 31-36, 38 and 39: 1
Oct 1987
Remainder: Royal Assent
S. 3 (9) and
(10)
Social Security and Veterans' Entitlements Amendment Act (No. 2)
1987
130, 1987 16 Dec 1987 Ss. 99, 101, 105-108, 109 (3),
111, 112 and 114: Royal Assent
(j)
Ss. 100, 102, 103 and 109 (1) and
(2): 22 May 1986 (j)
Ss. 104 and 113: 17 Dec 1987 (j)
S. 110: 1 Sept 1987 (j)
Ss. 3 (13) and
4 (13)
Student Assistance Legislation Amendment Act 1988
35, 1988 22 May 1988 22 May 1988 Ss. 3 and
10 (2)
Veterans' Affairs Legislation Amendment Act 1988
134, 1988 22 Dec 1988 Ss. 37-41, 43-47 and 49: Royal
Assent (k)
Ss. 42 and 50: 15 Dec 1988 (k)
S. 48: 1 Sept 1987 (k)
-
Social Security and Veterans' Affairs Legislation Amendment Act
(No. 3) 1989
163, 1989 19 Dec 1989 S. 21: Royal Assent (l)
S. 22: 1 Jan 1990 (l)
-
Social Security and Veterans' Affairs Legislation Amendment Act
(No. 4) 1989
164, 1989 19 Dec 1989 Ss. 15 (a) and 19: 16 Nov 1989
(m)
S.15 (b): 1 Nov 1989 (m)
Ss. 13, 14 (b), 16, 17 and 18
(a): Royal Assent (m)
S. 18 (b): 1 Jan 1990 (m)
S. 14 (a): 1 Mar 1989 (m)
S. 3 (1)-(5)
Social Security and Veterans' Affairs Legislation Amendment Act
(No. 2) 1990
119, 1990 28 Dec 1990 Ss. 4-6, 7 (g), 8, 19-21, 22 (g)
and 23: 22 Aug 1990
Ss. 7 (a)-(f) and 22 (a)-(f): 1
Mar 1991
Ss. 9, 10, 41 (b) and 42 (b): 1
Jan 1991
Remainder: Royal Assent
Part 7 (ss.
32-36)
as
amended
by
Social Security Legislation Amendment Act 1991
69, 1991 25 June 1991 Part 3 (ss. 22, 23): (n)
-
Veterans' Affairs Legislation Amendment Act 1990
2, 1991 8 Jan 1991 Ss. 1-3, 23, 27, 31-34: Royal
Assent (o)
S. 24: 22 Dec 1988 (o)
Ss. 25, 26 and 30: 20 Sept 1990
(o)
S. 28: 28 Dec 1990 (o)
S. 29: 1 Jan 1991 (o)
S. 25 (2) and
(3)
Social Security (Rewrite) Transition Act 1991
70, 1991 25 June 1991 (p) -
Veterans' Entitlements (Rewrite) Transition Act 1991
73, 1991 25 June 1991 S. 21: 1 July 1991 (q)
-
Veterans' Affairs Legislation Amendment Act 1992
70, 1992 26 June 1992 Ss. 12, 14-18 and Part 7 (s. 88):
Royal Assent (r)
S. 13: 1 July 1992 (r)
-
Superannuation Legislation (Consequential Amendments and
Transitional Provisions) Act 1992
94, 1992 30 June 1992 S. 3: 1 July 1990
Remainder: Royal Assent
-
Veterans' Affairs Legislation Amendment Act (No. 2) 1992
228, 1992 24 Dec 1992 Div. 1 of Part 3 (s. 6) and
Schedule 2 (Part 1): Royal Assent
(s)
Div. 2 of Part 3 (ss. 7, 8): 1
Jan 1993 (s)
Div. 3 of Part 3 (ss. 9-11): 4
Feb 1993 (s) S. 3 (1)
(a) The Seamen's War Pensions and Allowances Act 1940 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2 (7) of which provides as follows:
"(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975."
(b) The Seamen's War Pensions and Allowances Act 1940 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2 (1) of which provides as follows:
"(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent."
(c) The Repatriation Legislation Amendment Act 1984 was amended by Part XV (sections 84-94) only of the Social Security and Repatriation Legislation Amendment Act 1985, subsection 2 (6) of which provides as follows:
"(6) Sections 64, 66 and 70 to 75 (inclusive) and Parts XIV, XV, XVI and XVII shall be deemed to have come into operation on 1 January 1985."
(d) The Seamen's War Pensions and Allowances Act 1940 was amended by Part XVII (sections 97-99) only of the Social Security and Repatriation Legislation Amendment Act 1985, subsection 2 (6) of which provides as follows:
"(6) Sections 64, 66 and 70 to 75 (inclusive) and Parts XIV, XV, XVI and XVII shall be deemed to have come into operation on 1 January 1985."
(e) The Seamen's War Pensions and Allowances Act 1940 was amended by sections 33-38 only of the Social Security and Repatriation (Budget Measures) Amendment Act 1985, subsections 2 (1), (4) and (5) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
"(4) Sections 29, 30, 31, 34 and 37 shall come into operation, or shall be deemed to have come into operation, as the case requires, on 7 November 1985.
"(5) Sections 8, 11, 13 to 28, inclusive, 36, 41, 42, 43, 44, 46, 48, 49, 50, 52, 60, 61, 62 and 68 to 74, inclusive, and subsections 45 (1), 57 (1), 63 (1), 66 (1) and 67 (1) shall come into operation, or shall be deemed to have come into operation, as the case requires, on 1 November 1985."
(f) The Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Amendment Act 1986 was amended by sections 62 and 63 only of the Veterans' Affairs Legislation Amendment Act 1987, subsections 2 (1) and (3) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
"(3) Sections 61 and 63 shall be deemed to have come into operation immediately before the provisions of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than section 61 of that Act) came into operation."
(g) The Seamen's War Pensions and Allowances Act 1940 was amended by sections 101-108 only of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986, subsections 2 (1), (2), (7), (8) and (12) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
"(2) Sections 70, 81, 82, 85, 99, 100, 116 and 117, subsections 80 (1), 91 (1) and 107 (1) and Part IX shall be deemed to have come into operation on 22 May 1986.
"(7) Sections 13 and 103, subsections 37 (1) and 95 (1) and Part III shall come into operation, or shall be deemed to have come into operation, as the case requires, on 31 October 1986.
"(8) Sections 16, 28, 31, 34, 35, 43, 44, 46, 47, 56, 86, 88, 94 and 105 and subsections 12 (2) and 36 (3) shall come into operation or shall be deemed to have come into operation, as the case requires, on 1 November 1986.
"(12) Sections 78, 79, 89, 90 and 104 and subsections 67 (2), 68 (2), 93 (2), 102 (2) and 107 (2) shall come into operation on 18 December 1986."
(h) The Seamen's War Pensions and Allowances Act 1940 was amended by sections 66-76 only of the Veterans' Affairs Legislation Amendment Act 1987, subsections 2 (1) and (2) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
"(2) Sections 4, 5 and 6, subsection 9 (2), sections 11 and 12, subsection 22 (1), sections 23, 30, 31 and 32, subsection 37 (1), sections 41, 42, 43, 44, 46 and 47, subsection 49 (1), sections 51 and 53, subsections 54 (1), 55 (2) and 56 (2), sections 57 and 58, subsection 59 (1), sections 60, 67 and 70, subsection 72 (1) and sections 78 and 80 shall be deemed to have come into operation on 22 May 1986."
(j) The Seamen's War Pensions and Allowances Act 1940 was amended by sections 99-114 only of the Social Security and Veterans' Entitlements Amendment Act (No. 2) 1987, section 2 of which provides as follows:
"2. Each provision of this Act comes into operation, or is deemed to have come into operation, as the case requires, on the day, or at the time, shown by the note in italics at the foot of that provision."
(k) The Seamen's War Pensions and Allowances Act 1940 was amended by Part III (sections 37-50) only of the Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
(l) The Seamen's War Pensions and Allowances Act 1940 was amended by Part 5 (sections 21 and 22) only of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 3) 1989, section 2 of which provides as follows:
"2. Each provision of this Act commences, or is to be taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of that provision."
(m) The Seamen's War Pensions and Allowances Act 1940 was amended by Part 4 (sections 13-19) only of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989, section 2 of which provides as follows:
"2. Each provision of this Act commences, or is to be taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of that provision."
(n) The Social Security and Veterans' Affairs Legislation Amendment Act (No. 2) 1990 was amended by sections 22 and 23 only of the Social Security Legislation Amendment Act 1991, section 2 of which provides as follows:
"2. Each provision of this Act commences, or is taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of the provision."
Commencement of sections 22 and 23 provides as follows:
"Commencement: Immediately after the commencement of section 2 of the Principal Act"
Section 2 of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 2) 1990 commenced on Royal Assent.
(o) The Seamen's War Pensions and Allowances Act 1940 was amended by sections 23-34 only of the Veterans' Affairs Legislation Amendment Act 1990, section 2 of which provides as follows:
"2. Each provision of this Act commences, or is taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of the provision."
(p) "This Act commences immediately after the Social Security Act 1991 commences."
The Social Security Act 1991 came into operation on 1 July 1991.
(q) The Seaman's War Pensions and Allowances Act 1940 was amended by section 21 only of the Veterans' Entitlements (Rewrite) Transition Act 1991, subsection 2 (1) of which provides as follows:
"(1) Subject to subsection (2), this Act commences on 1 July 1991, immediately after the commencement of the Veterans' Entitlements Amendment Act 1991."
(r) The Seamen's War Pensions and Allowances Act 1940 was amended by Part 3 (sections 12-18) and Part 7 (section 88) only of the Veterans' Affairs Legislation Amendment Act 1992, paragraphs 2 (1) (c), (f) and (13) (a) of which provide as follows:
"(1) The following provisions commence on the day on which this Act receives the Royal Assent:
(c) Divisions 1, 3, 4 and 5 of Part 3;
(f) Part 7;
"(13) The following provisions commence on 1 July 1992:
(a) Division 2 of Part 3;"
(s) The Seamen's War Pensions and Allowances Act 1940 was amended by Part 3 (sections 6-11) and Schedule 2 (Part 1) only of the Veterans' Affairs Legislation Amendment Act (No. 2) 1992, subsections 2 (1) (b), (d), (4) (b) and (6) of which provide as follows:
"(1) The following provisions commence on the day on which this Act receives the Royal Assent:
(b) Division 1 of Part 3;
(d) Part 1 of Schedule 2;
"(4) The following provisions commence, or are taken to have commenced, on 1 January 1993:
(b) Division 2 of Part 3;
"(6) Division 3 of Part 3 and Division 3 of Part 4 commence on 4 February 1993."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title am. No. 75, 1952; No. 160, 1981
S. 2 am. No. 17, 1952
rs. No. 45, 1957
rep. No. 106, 1973
S. 3 am. No. 77, 1946; Nos. 17 and 75, 1952;
No. 40, 1955; No. 113, 1964; No. 102, 1967;
No. 67, 1968; No. 83, 1972; Nos. 6 and
106, 1973; Nos. 4 and 90, 1974; No. 56,
1977; No. 18, 1979; No. 160, 1981; Nos. 80
and 100, 1982; No. 97, 1984; No. 90, 1985;
No. 28, 1986; Nos. 78 and 130, 1987;
No. 134, 1988; Nos. 163 and 164, 1989;
No. 70, 1991
S. 3A ad. No. 28, 1986
S. 4 am. No. 106, 1973; Nos. 4 and 90, 1974;
No. 56, 1977; No. 160, 1981
S. 4A ad. No. 4, 1974
rs. No. 56, 1977
am. No. 18, 1979; No. 160, 1981; No. 100,
1982; No. 97, 1984
S. 4B ad. No. 56, 1977
S. 4C ad. No. 100, 1982
am. No. 94, 1992
S. 4D ad. No. 100, 1982
S. 5 am. No. 130, 1987
S. 6 am. No. 160, 1981; No. 130, 1987
Ss. 7, 8 rep. No. 97, 1984
Ss. 8AA-8AC ad. No. 90, 1974
rep. No. 18, 1979
S. 8A ad. No. 106, 1973
am. No. 90, 1974
rs. No. 18, 1979
am. No. 160, 1981
S. 8B ad. No. 106, 1973
am. No. 18, 1979
S. 9 am. No. 80, 1950; No. 106, 1973
rep. No. 56, 1977
S. 10 am. No. 43, 1966; No. 56, 1977; No. 160,
1981
S. 11 rep. No. 160, 1981
S. 12 am. No. 17, 1952; No. 4, 1974; No. 56, 1977;
No. 160, 1981; No. 97, 1984; No. 90, 1985
S. 14 rs. No. 90, 1974
am. No. 91, 1976; No. 56, 1977; No. 18,
1979; No. 97, 1984
rep. No. 28, 1986
S. 15 am. No. 160, 1981
rs. No. 28, 1986
S. 16 am. No. 17, 1952; No. 106, 1973; No. 160,
1981 rep. No. 90, 1985
S. 17 rs. No. 102, 1967
rep. No. 90, 1985
S. 17A ad. No. 102, 1967
am. No. 106, 1973; No. 160, 1981; No. 28,
1986; No. 2, 1991; No. 228, 1992
S. 17B ad. No. 100, 1982
S. 17C ad. No. 134, 1988
S. 18 am. No. 77, 1946
rs. No. 17, 1952
am. No. 75, 1952; No. 48, 1958; No. 47,
1961; No. 64, 1964; No. 65, 1965; No. 43,
1966; No. 102, 1967; No. 67, 1968; No. 96,
1969; No. 61, 1970; Nos. 18 and 69, 1971;
Nos. 16 and 83, 1972; Nos. 6 and 106, 1973;
Nos. 4 and 90, 1974; Nos. 35 and 111,
1975; Nos. 27 and 112, 1976; No. 129, 1978;
No. 124, 1979; No. 129, 1980; No. 160, 1981;
No. 100, 1982; No. 70, 1983; No. 93, 1984;
Nos. 90 and 127, 1985; Nos. 28 and 106,
1986; No. 134, 1988; No. 228, 1992
S. 18AA ad. No. 112, 1976
am. No. 129, 1978; No. 124, 1979; No. 160,
1981; No. 100, 1982; No. 93, 1984; No. 106,
1986; No. 228, 1992
S. 18A ad. No. 83, 1972
am. No. 106, 1973; No. 4, 1974; No. 160,
1981
S. 19 am. No. 77, 1946; No. 106, 1973; No. 4,
1974; No. 90, 1985
rep. No. 28, 1986
ad. No. 2, 1991
S. 20 am. No. 106, 1973; No. 160, 1981; No. 90,
1985
rep. No. 28, 1986
S. 21 am. No. 106, 1973; Nos. 28 and 106, 1986;
Nos. 78 and 130, 1987; No. 134, 1988;
No. 164, 1989; Nos. 2 and 73, 1991; Nos. 70
and 228, 1992
S. 22 am. No. 106, 1973
rep. No. 28, 1986
ad. No. 2, 1991
S. 22A ad. No. 17, 1952
am. No. 75, 1952; No. 106, 1973; No. 160,
1981
rs. No. 28, 1986
S. 22B ad. No. 67, 1968
am. No. 96, 1969; No. 61, 1970; No. 106,
1973 rep. No. 4, 1974
S. 23 am. No. 106, 1973; No. 160, 1981; No. 28,
1986
S. 24 am. No. 77, 1946
rs. No. 17, 1952
am. No. 75, 1952; No. 43, 1966; No. 67,
1968; No. 106, 1973; No. 4, 1974; No. 160,
1981; No. 90, 1985
S. 24A ad. No. 130, 1987
S. 24B ad. No. 164, 1989
am. No. 73, 1991
S. 25A ad. No. 70, 1992
am. No. 228, 1992
S. 26 am. No. 17, 1952
rs. No. 56, 1977
am. No. 160, 1981
rs. No. 97, 1984
am. No. 28, 1986; No. 134, 1988; No. 70,
1992
S. 26AA ad. No. 97, 1984
am. No. 28, 1986; No. 134, 1988
S. 26AAA ad. No. 28, 1986
S. 26AB ad. No. 97, 1984
am. No. 28, 1986
S. 26AC ad. No. 134, 1988
S. 26A ad. No. 56, 1977
am. No. 28, 1986
S. 27 am. No. 83, 1972; No. 160, 1981; No. 90,
1985
S. 27A ad. No. 113, 1964
rep. No. 90, 1985
S. 28 am. No. 17, 1952; No. 90, 1985
rep. No. 28, 1986
S. 28A ad. No. 17, 1952
am. No. 106, 1973; No. 160, 1981
rep. No. 28, 1986
S. 29 rs. No. 17, 1952
am. No. 45, 1957; No. 43, 1966; No. 106,
1973; No. 56, 1977; No. 160, 1981
rs. No. 28, 1986
am. No. 130, 1987
S. 30 rs. No. 28, 1986
am. No. 29, 1986
S. 31 am. No. 160, 1981
rs. No. 28, 1986
S. 32 rep. No. 90, 1974
ad. No. 28, 1986
S. 32AA ad. No. 119, 1990
am. Nos. 2 and 73, 1991; No. 70, 1992
S. 32AB ad. No. 119, 1990
rep. No. 2, 1991
S. 32A ad. No. 28, 1986
S. 33 am. No. 160, 1981
Part IIIA (ss. 33A-33F)
ad. No. 70, 1992
Ss. 33A-33F ad. No. 70, 1992
Part IV (ss. 34-44) rep. No. 17, 1952
Part IV (ss. 34-37) ad. No. 18, 1979
rs. No. 97, 1984
S. 34 rep. No. 17, 1952
ad. No. 18, 1979
am. No. 160, 1981
rs. No. 97, 1984
am. No. 28, 1986
S. 35 rep. No. 17, 1952
ad. No. 18, 1979
rs. No. 97, 1984
am. No. 28, 1986; Nos. 78 and 130, 1987
S. 36 rep. No. 17, 1952
ad. No. 18, 1979
rs. No. 97, 1984
S. 37 rep. No. 17, 1952
ad. No. 18, 1979
am. No. 160, 1981
rs. No. 97, 1984
am. No. 95, 1985
rs. No. 28, 1986
am. No. 78, 1987
Part IVA (ss. 37A-37C)
ad. No. 78, 1987
S. 37A ad. No. 78, 1987
am. No. 2, 1991
Ss. 37B, 37C ad. No. 78, 1987
Ss. 38-44 rep. No. 17, 1952
Part V (ss. 45-48) rep. No. 17, 1952
Part V (ss. 38-41) ad. No. 97, 1984
S. 38 ad. No. 97, 1984
S. 39 ad. No. 97, 1984
am. No. 78, 1987
S. 40 ad. No. 97, 1984
rs. No. 28, 1986
am. No. 78, 1987
S. 41 ad. No. 97, 1984
am. No. 28, 1986; No. 130, 1987
S. 42 ad. No. 78, 1987
Ss. 45-48 rep. No. 17,1952
S. 49 am. No. 43, 1966; No. 106, 1973; No. 160,
1981; No. 28, 1986
Ss. 51, 52 am. No. 17, 1952; No. 160, 1981
rep. No. 28, 1986
S. 53 rep. No. 28, 1986
S. 53A ad. No. 17, 1952
am. No. 113, 1964; No. 106, 1973; No. 160,
1981; No. 100, 1982
S. 54 am. No. 56, 1977; No. 160, 1981
rs. No. 28, 1986
am. No. 130, 1987; No. 70, 1992
S. 54A ad. No. 83, 1972
am. No. 4, 1974; No. 56, 1977; No. 160,
1981; No. 100, 1982
rep. No. 28, 1986
ad. No. 164, 1989
am. No. 70, 1992
S. 55 am. No. 18, 1979; No. 160, 1981
rs. No. 97, 1984
am. No. 28, 1986; Nos. 78 and 130, 1987
S. 55A ad. No. 17, 1952
am. No. 32, 1954; No. 106, 1973; No. 4,
1974; No. 100, 1982; No. 127, 1985
rs. No. 78, 1987
am. Nos. 88 and 130, 1987; Nos. 35 and 134,
1988; Nos. 2 and 70, 1991
S. 55AA ad. No. 134, 1988
am. Nos. 2 and 70, 1991
S. 55B ad. No. 127, 1985
S. 55C ad. No. 88, 1987
S. 55D ad. No. 134, 1988
am. No. 70, 1991
S. 56 am. No. 17, 1952
rs. No. 90, 1974
S. 57 am. No. 106, 1973
rs. No. 97, 1984
S. 57A ad. No. 97, 1984
am. No. 95, 1985; No. 28, 1986
S. 57B ad. No. 130, 1987
S. 58 rs. No. 17, 1952
am. No. 45, 1957; No. 43, 1966; No. 160,
1981
rs. No. 28, 1986
am. No. 29, 1986
Ss. 58AA-58AC ad. No. 28, 1986
S. 58AA ad. No. 28, 1986
S. 58AB ad. No. 28, 1986
rep. No. 134, 1988
S. 58AC ad. No. 28, 1986
am. No. 164, 1989
S. 58A ad. No. 106, 1973
S. 58B ad. No. 56, 1977
rep. No. 160, 1981
ad. No. 106, 1986
S. 59 rs. No. 17, 1952
am. No. 75, 1952; No. 47, 1961; No. 113,
1964; No. 43, 1966; No. 102, 1967; No. 67,
1968; Nos. 6 and 106, 1973; No. 4, 1974;
No. 129, 1978; No. 129, 1980; No. 160, 1981;
No. 28, 1986; No. 130, 1987; No. 2, 1991
Heading to The Schedules
rep. No. 106, 1973
First Schedule am. No. 77, 1946
rs. Nos. 17 and 75, 1952; No. 70, 1953; No.
32, 1954; No. 40, 1955; No. 45, 1957; No.
59, 1959; No. 46, 1960; No. 47, 1961; No.
64, 1964; No. 43, 1966; No. 67, 1968; No.
96, 1969; No. 61, 1970; Nos. 18 and 69,
1971; Nos. 16 and 83, 1972; No. 6, 1973
rep. No. 106, 1973
Schedule 1 ad. No. 106, 1973
rs. No. 4, 1974
am. No. 25, 1974
rs. No. 90, 1974; No. 35, 1975
am. No. 111, 1975
rs. Nos. 27 and 112, 1976
am. No. 129, 1978; No. 93, 1984; No. 90,
1985; Nos. 28 and 106, 1986; No. 228, 1992
Second Schedule am. No. 17, 1952
rs. No. 75, 1952; No. 40, 1955
am. No. 47, 1961
rs. No. 43, 1966; No. 67, 1968; No. 96,
1969; No. 69, 1971; No. 83, 1972
rep. No. 106, 1973
Schedule 2 ad. No. 106, 1973
rs. No. 90, 1974
am. No. 124, 1979; No. 129, 1980; No. 160,
1981; No. 100, 1982; No. 70, 1983; No. 93,
1984; No. 127, 1985
rs. No. 28, 1986
am. No. 106, 1986; No. 130, 1987; No. 134,
1988; No. 164, 1989; No.2, 1991
Heading to Third Schedule
rep. No. 106, 1973
Heading to Schedule 3
ad. No. 106, 1973
Third Schedule am. No. 17, 1952
Schedule 3 am. No. 160, 1981
rep. No. 28, 1986
Heading to Fourth Schedule
rep. No. 106, 1973
Heading to Schedule 4
ad. No. 106, 1973
Schedule 4 am. No. 160, 1981
rep. No. 28, 1986
Heading to Fifth Schedule
rep. No. 106, 1973
Heading to Schedule 5
ad. No. 106, 1973
Fifth Schedule rs. No. 43, 1966
Schedule 5 am. No. 160, 1981
Sixth Schedule rep. No. 17, 1952
Seventh Schedule am. No. 77, 1946
rep. No. 17, 1952
Eighth Schedule rep. No. 17, 1952
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
3. Interpretation
3A. Child of Australian mariner
PART II - ADMINISTRATION
4. Seamen's Pensions and Allowances Committees
4A. Pensions Committees to consult and co-operate with
Commission
4B. Remuneration of members of Pensions Committees
4C. Removal of member of Pensions Committee from office
4D. Disclosure of interests of members of Pensions
Committees
5. Duties of Pensions Committees
6. Determinations and assessments by Commission
8A. Form of decision of Commission or Pensions Committee
8B. No action for making statements under proceedings etc.
10. Power to summon witnesses, take evidence etc.
PART III - PENSIONS AND GRATUITIES IN RESPECT
OF DEATH OR INCAPACITY
12. Grant of pensions
13. Limitation on grant of pensions where due to negligence
or misconduct
15. Assessment of degree of incapacity
17A. Pensions to dependants of certain deceased Australian
mariners
17B. Pensions payable to orphans of certain deceased
Australian mariners
17C. Eligibility for pension after re-marriage or marriage
18. Rates of pension on death or total incapacity
18AA. Indexation of rate of pension
18A. Rate of pension to certain dependants who are children
19. Clothing allowance
21. Allowance for attendant
22. Variation of rate of certain allowances
22A. Special rate of pension
23. Rates of pension in respect of partial incapacity
24. Limit of payments in certain cases
24A. Continuation of rates of certain pensions
24B. Bereavement payment in respect of disabled Australian
mariners
25. Payment of pension
25A. Certain dependants to be automatically paid pension
26. Claim for a pension
26AA. Application for increase in pension
26AAA. Who may make claim or application
26AB. Withdrawal of claim
26AC. Determination of claims and applications
26A. Investigation of claims
27. Pensions for limited periods in certain cases
29. Power to obtain information
30. Secretary may obtain information
31. Self-incrimination
32. Furnishing of information
32AA. Provision of tax file numbers
32A. Interpretation
33. Periodical examination of pensioner
PART IIIA - TELEPHONE ALLOWANCE
33A. Eligibility for telephone allowance
33B. Telephone allowance not payable in some circumstances
33C. Rate of telephone allowance
33D. Payment by instalments
33E. Calculation of amount of instalment
33F. Adjustment of telephone allowance
PART IV - REVIEW OF CERTAIN DECISIONS BY
VETERANS' REVIEW BOARD
34. Interpretation
35. Application for review
36. Decision of the Board
37. Application of certain provisions of Part IX of
Veterans' Entitlements Act
PART IVA - REVIEW OF CERTAIN DECISIONS BY
REPATRIATION COMMISSION
37A. Review of decisions etc.
37B. Powers of Commission on reviews under section 37A
37C. Reasons for decision to be given
PART V - REVIEW OF DECISIONS BY ADMINISTRATIVE
APPEALS TRIBUNAL
38. Interpretation
39. Application for review
40. Application of certain provisions of Part X of the
Veterans' Entitlements Act
41. Application of Administrative Appeals Tribunal Act
42. Effective date of payment of certain allowances
PART VI - MISCELLANEOUS
49. Pensions etc. to be inalienable
50. Provisional grant of pensions or allowances
53A. Persons entitled to payments under other laws
54. Payment of pensions
54A. Pension or allowance may be paid to bank etc.
55. Review by Commission
55A. Recovery of overpayments
55AA. Recovery of overpayments by deduction from other
pension, benefit or allowance
55B. Waiver etc.
55C. Commission may take action in relation to money owing
to pensioners
55D. Certain decisions of Commission reviewable under Social
Security Act etc.
56. Appropriation for pensions etc.
57. Delegation by Minister
57A. Delegation by Commission
57B. Delegation by Secretary
58. Offences
58AA. Multiple offences
58AC. Order for repayment of pension etc.
58A. Interpretation
58B. Charges payable to Commonwealth
59. Regulations
SCHEDULE 1
GENERAL PENSION RATES - DEATH OR TOTAL INCAPACITY
SCHEDULE 2
ATTENDANT ALLOWANCE
SCHEDULE 5
GRATUITIES PAYABLE TO AN AUSTRALIAN MARINER IN RESPECT
OF SPECIFIED MINOR WAR INJURIES, INVOLVING LESS THAN
20% OF TOTAL INCAPACITY
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - LONG TITLE SECT
An Act to make provision for Payment of Pensions and
for the making of other Payments in respect of Australian
Mariners who suffered Death or Disablement as a result of
the War which commenced on 3 September 1939
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - PART I
PART I - PRELIMINARY
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 1
Short titleSECT
1. This Act may be cited as the Seamen's War Pensions and Allowances Act 1940.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 3
InterpretationSECT
3. (1) In this Act, unless the contrary intention appears:
"account", in relation to a credit union or building society, means an account maintained by a person with the credit union or building society to which are credited moneys received on deposit by the credit union or building society from that person;
"Australian mariner" means:
(a) any master, officer or seaman employed under agreement, or any apprentice employed under indenture, in sea-going service on any ship registered in Australia which is engaged in trading between a port of a State or Territory and any other port whatsoever;
(aa) any master, officer or seaman employed under agreement, or any apprentice employed under indenture, in sea-going service, in a ship registered outside Australia, who was, or whose wife or child was, resident in Australia for at least 12 months immediately before his entering into the agreement or indenture;
(b) any master, officer, seaman or apprentice employed in a lighthouse tender or pilot ship of Australia or of a State;
(c) any pilot employed or licensed by Australia or a State or by an authority constituted by or under a law of Australia or of a State;
(d) any master, officer, seaman or apprentice employed in sea-going service on any ship owned in Australia and operating from an Australian port, which is a hospital ship, troop transport, supply ship, tug, cable ship, salvage ship, dredge, fishing vessel or fisheries investigation vessel;
(e) any member or employee of the Commonwealth Salvage Board engaged in sea-going service under the direction of that Board; and
(f) any master, officer, seaman or apprentice employed in sea-going service on any ship registered in the dominion of New Zealand, who the Commission is satisfied was engaged in Australia and is not entitled to compensation under any law of any part of the King's dominions, other than Australia, providing for the payment of pensions and other payments to seamen who suffer death or disablement as a result of the present war;
and, except in so far as the expression is used in relation to the happening of any event in respect of which a benefit under this Act may be granted, includes a person who has been an Australian mariner within the meaning of the foregoing provisions of this definition;
"Board" means the Veterans' Review Board continued in existence by subsection 134 (1) of the Veterans' Entitlements Act 1986;
"building society" means an organisation registered as a permanent building society under a law of a State or Territory;
"capture" includes seizure, arrest or other restraint;
"certificated officer" means an officer who is duly certificated within the meaning of the Navigation Act 1912;
"child" means:
(a) a person who has not attained the age of 16 years; or
(b) a person who:
(i) has attained the age of 16 years but has not attained the
age of 25 years; and
(ii) is undertaking full-time education at a school, college
or university;
other than such a person who is in receipt of a social security pension (within the meaning of the Social Security Act 1991) other than a sheltered employment allowance under that Act or a social security benefit (within the meaning of that Act);
"Commission" means the Repatriation Commission continued in existence by subsection 179 (1) of the Veterans' Entitlements Act 1986;
"credit union" means an organisation registered as a credit union under a law of a State or Territory;
"dependant", in relation to an Australian mariner, means:
(a) the widow of the mariner; and
(b) a child of the mariner;
"dependent" means wholly or substantially dependent;
"detention", in relation to an Australian mariner, means detention consequent on his capture, or the capture of his ship, effected by reason of war operations during the present war;
"fishing vessel" means any ship owned in Australia and operating from an Australian port which is employed in or in connexion with the occupation of sea fishing for profit;
"foreign country" means a country other than Australia, and includes:
(a) a state, province or other territory that is one of 2 or more territories that together form part of a country other than Australia; and
(b) a place that is a territory, dependency or colony (however described) of a country other than Australia;
"medical practitioner" means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;
"pension" means a pension under this Act;
"Pensions Committee" means a Seamen's Pensions and Allowances Committee established under this Act;
"period of detention" means the period beginning on the date on which the detention commences and ending on:
(a) the date of the death of the detained person; or
(b) the earliest date after the commencement of the detention on which it was practicable for the detained person to have arrived back in Australia;
whichever is the earlier date, or such other period as the Commission, in relation to any particular detained person or particular class of detained persons, directs;
"pilot duty" includes the proceeding by sea to a ship for the purpose of performing pilotage duty and the returning by sea after having performed that duty;
"rate of pay" in relation to an Australian mariner means the rate of the salary or wages which he was receiving or was entitled to receive in respect of his occupation as an Australian mariner on the relevant date or, in the case of a licensed pilot not employed at a monthly or annual rate, an amount equal to the monthly rate prescribed at the relevant date by an award of the Commonwealth Court of Conciliation and Arbitration in respect of the master of a sea-going passenger vessel of over 6000 tons but not over 8000 tons gross registered tonnage;
"rate of pay per day", in relation to a monthly or annual rate of pay, means one-thirtieth of that monthly rate or one three hundred and sixty-fifth of that annual rate as the case may be;
"rate of pay per fortnight" means 14 times the rate of pay per day;
"relevant date" means, in relation to a claim for a pension, the date on which the Australian mariner concerned:
(a) sustained the war injury; or
(b) commenced the period of detention;
to which his death or incapacity is directly attributable;
"Secretary" means the Secretary to the Department;
"Superintendent" means the Superintendent at a Mercantile Marine Office under the Navigation Act 1912 or his duly appointed deputy;
"the enemy" means the forces, or any part thereof, of a State at war with His Majesty during the present war;
"the present war" means the war that commenced on 3 September 1939 (including any other war in which the Crown became engaged after that date and before 3 September 1945) and is to be deemed to have ended on 28 April 1952, being the date on which the Treaty of Peace with Japan came into force;
"war injury" means a personal injury:
(a) caused by:
(i) the discharge of any missile, liquid or gas;
(ii) the use of any weapon, explosive or other noxious thing;
or
(iii) the doing of any other injurious act;
either by the enemy or in combating the enemy or in relation to any expected or suspected attack by the enemy or any expected attack upon the enemy;
(b) caused by the action of any enemy aircraft or any aircraft in the service of His Majesty or of any Ally of His Majesty during the present war or by the impact of, or of any part of, or of anything dropped from, any such aircraft; or
(c) caused by, or in consequence of, the capture or detention of the Australian mariner by the enemy.(1A) A war injury shall, for the purposes of this Act, be deemed to have been sustained by a person in the course of his employment as an Australian mariner where the war injury occurred:
(a) while he was employed in a ship as an Australian mariner;
(b) while he was at a place outside Australia on leave from a ship in which he was employed as an Australian mariner and which was at a port outside Australia;
(c) while he was at a place (not being a place on land in Australia) in the course of proceeding to employment in a ship as an Australian mariner;
(d) while he was at a place at which he was awaiting return to Australia from employment in a ship as an Australian mariner; or
(e) while he was returning to Australia from employment in a ship as an Australian mariner.(1B) For the purposes of paragraph (1A) (e), a person shall be deemed not to have returned to Australia until he has disembarked in Australia.
(1C) In this Act:
(a) a reference to the wife of a person shall be read as a reference:
(i) to a woman who is legally married to the person; or
(ii) if the person is a man - to a woman who is living with
the person in a marriage-like relationship although not legally married to the person, whether or not the person is legally married to another person who is still alive; and
(b) a reference to the widow of a deceased person shall be read as a reference to a woman who was the wife of the person immediately before the person's death.(1D) In forming an opinion for the purposes of this Act whether 2 people are living together in a marriage-like relationship, regard is to be had to all the circumstances of the relationship including, in particular, the matters specified in section 11A of the Veterans' Entitlements Act 1986.
(1E) For the purposes of this Act, 2 people are not to be taken to be living in a marriage-like relationship if they are within a prohibited relationship for the purposes of section 23B of the Marriage Act 1961.
(2) Where any provision of this Act is expressed to be dependent upon the opinion of the Commission or a Pensions Committee, the reference to the opinion of the Pensions Committee shall be construed as applying to the opinion of the Pensions Committee only where the Commission has not formed an opinion on the matter.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 3A
Child of Australian marinerSECT
3A. (1) In this Act, unless the contrary intention appears, a reference to a child of an Australian mariner, or of a deceased Australian mariner, shall be read as a reference to:
(a) a child of whom the mariner is the father or mother or a child adopted by the mariner or the mariner and the mariner's spouse; or
(b) any other child who is, or was immediately before the death of the mariner, wholly or substantially dependent on the mariner.(2) For the purposes of subsection (1), where an Australian mariner is, under a law of the Commonwealth or of a State or Territory, liable to maintain a child, the child shall be deemed to be wholly or substantially dependent on that mariner.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - PART II
PART II - ADMINISTRATION
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 4
Seamen's Pensions and Allowances CommitteesSECT
4. (1) The Governor-General may, by instrument in writing, establish such number of Seamen's Pensions and Allowances Committees as appears to him to be required, from time to time, for the purposes of this Act. (2) Each Pensions Committee shall consist of not less than 3 or more than 5 members who shall be appointed by the Governor-General and who shall hold office for such time, and under such conditions, as are prescribed.
(2A) A member of a Pensions Committee may be appointed as a full-time member or as a part-time member.
(2B) A person who has attained the age of 65 years shall not be appointed or re-appointed as a member of a Pensions Committee, and a person shall not be appointed or re-appointed as such a member for a period that extends beyond the date on which he will attain the age of 65 years.
(3) The Governor-General shall appoint one member of each Pensions Committee to be Chairman of that Committee.
(4) In the case of a Pensions Committee consisting of 3 members, 2 members, and, in any other case, 3 members, shall form a quorum.
(5) At all meetings of a Pensions Committee the Chairman shall have a deliberative vote and, in the case of an equality of voting, a casting vote.
(6) A question arising at a meeting of a Pensions Committee shall be decided by a majority of votes of members present and voting.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 4A
Pensions Committees to consult and co-operate with CommissionSECT
4A. (1) In the performance of its functions under this Act a Pensions Committee shall consult and co-operate with the Commission. (2) The Commission may make available to Pensions Committees:
(a) statements of principles applied by the Commission in deciding reviews under section 55;
(b) statements of principles derived from the decisions of the Administrative Appeals Tribunal, being principles deduced by the Commission from statements of reasons given by that Tribunal for its decisions on reviews of reviewable decisions within the meaning of section 38; and
(c) such other material as the Commission considers may be of assistance to Pensions Committees in the exercise of their powers or the performance of their functions under this Act.(3) The Minister may give a direction to a Pensions Committee, or to Pensions Committees generally, for the purpose of facilitating, ensuring or requiring consultation or co-operation by that Pensions Committee, or Pensions Committees generally, with the Commission with respect to a matter or matters specified in the direction.
(4) Where the Minister gives a direction under subsection (3), he shall furnish to the Commission a copy of that direction.
(5) Nothing in this section authorizes the Minister or the Commission to direct a Pensions Committee with respect to its consideration or determination of a particular claim or application.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 4B
Remuneration of members of Pensions CommitteesSECT
4B. (1) A member of a Pensions Committee shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation he shall be paid such remuneration as is prescribed. (2) A member of a Pensions Committee shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 4C
Removal of member of Pensions Committee from officeSECT
4C. (1) The Governor-General may remove a member of a Pensions Committee from office on the ground of proved misbehaviour or physical or mental incapacity. (2) The Commission may suspend a member of a Pensions Committee from office on the ground of misbehaviour or physical or mental incapacity.
(3) Where the Commission suspends a member of a Pensions Committee from office, the Commission shall, within 7 days after the suspension, provide the Minister with a statement of the ground of the suspension.
(4) Where such a statement has been provided to the Minister, the Governor-General may, on the recommendation of the Minister:
(a) remove the member of the Pensions Committee from office;
(b) direct that the suspension of the member of the Pensions Committee continue for such further period as the Governor-General specifies; or
(c) direct that the suspension of the member of the Pensions Committee terminate.(5) The suspension of a member of a Pensions Committee from office under this section does not affect any entitlement of the member to be paid remuneration and allowances.
(6) If:
(a) a member of a Pensions Committee becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) a member of a Pensions Committee, being a member of a Pensions Committee who has been appointed as a full-time member:
(i) engages, except with the approval of the Minister, in
paid employment outside the duties of his office; or
(ii) is absent from duty, except on leave of absence granted
by the Minister, for 14 consecutive days or 28 days in any 12 months;
(c) a member of a Pensions Committee, being a member of a Pensions Committee who has been appointed as a part-time member, is absent, except on leave of absence granted by the Minister, from 3 consecutive meetings of the Pensions Committee; or
(d) a member of a Pensions Committee fails, without reasonable excuse, to comply with his obligations under section 4D;
the Governor-General shall remove that member from office.(7) The Governor-General may, with the consent of a member of a Pensions Committee who is:
(a) an eligible employee for the purposes of the Superannuation Act 1976; or
(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990;
retire the member from office on the ground of physical or mental incapacity.(8) A member of a Pensions Committee shall not be suspended, removed or retired from office except as provided by this section.
(9) In spite of anything contained in this section, a member of a Pensions Committee who:
(a) is an eligible employee for the purposes of the Superannuation Act 1976; and
(b) has not reached his or her maximum retiring age within the meaning of that Act;
is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.(10) In spite of anything contained in this section, a member of a Pensions Committee who:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
(b) is under 60 years of age;
is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 4D
Disclosure of interests of members of Pensions CommitteesSECT
4D. (1) Where a member of a Pensions Committee that is considering, or is to consider, a claim or application for pension has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his functions in relation to the claim or application:
(a) he shall disclose the interest to the claimant or applicant, as the case requires, and to the Commission; and
(b) except with the consent of the claimant or applicant, as the case requires, and of the Commission, he shall not take part in the consideration of the claim or application.(2) Where the Minister becomes aware that a member of a Pensions Committee that is considering, or is to consider, a claim or application for pension has, in relation to the claim or application, such an interest as is mentioned in subsection (1):
(a) if the Minister considers that the member should not take part, or should not continue to take part, in the consideration of the claim or application - he shall give a direction to the member accordingly; or
(b) in any other case - he shall cause the interest of the member to be disclosed to the claimant or applicant, as the case requires, and to the Commission.(3) In this section:
"decision" includes a determination and an assessment;
"pension" means pension, allowance or other benefit under this Act.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 5
Duties of Pensions CommitteesSECT
5. The duties of a Pensions Committee shall be:
(a) to determine, in case of the death or incapacity of an Australian mariner in respect of which a claim for pension is made:
(i) whether the death or incapacity is directly attributable
to a war injury sustained by the Australian mariner;
(ii) whether that war injury was due to the Australian
mariner's own serious negligence or serious misconduct;
(iii) whether, in the case of the death of an Australian
mariner, that death was in any substantial manner due to or hastened by his own serious negligence or serious misconduct; and
(iv) in the case of the incapacity of the Australian mariner,
the nature and degree of the incapacity;
(c) to determine the extent (if any) to which persons alleged to be or to have been dependent upon an Australian mariner are or were so dependent;
(d) to assess, from time to time, the rates of pensions of Australian mariners and their dependants, and to determine the dates of commencement and cessation of those pensions;
(e) to determine, in such cases as the Pensions Committee thinks fit:
(i) that payment of a pension be suspended and the date of
the suspension; or
(ii) that payment of a pension which has been suspended be
recommenced and the date of recommencement; and
(f) such other duties as are prescribed.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 6
Determinations and assessments by CommissionSECT
6. (1) Notwithstanding anything contained in section 5, the Commission may, in such cases as it thinks fit, make any determination or assessment specified in paragraph 5 (a), (b), (c), (d) or (e), and may, at any time, direct that any particular case or class of cases be referred to it for determination or assessment.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 8A
Form of decision of Commission or Pensions CommitteeSECT
8A. (1) Where, in a proceeding before the Commission or a Pensions Committee, the Commission or the Committee makes a decision relating, in whole or in part, to a prescribed matter, the Commission or the Committee shall cause to be prepared a written record of the decision containing a statement of the reasons for the decision, so far as the decision relates to the prescribed matter, including any findings of fact in relation to the prescribed matter. (2) Where the Commission or a Committee makes a decision referred to in subsection (1), the Commission or the Committee:
(a) shall file the decision with the records of the case; and
(b) shall serve, or cause to be served, either personally or by post, a copy of the decision on the claimant or a person authorized by the claimant.(3) In this section:
"claimant" includes a person to whom a pension or allowance is payable by virtue of a grant under review by the Commission under section 55;
"decision" includes a determination and an assessment;
"prescribed matter" means a matter referred to in subparagraph 5 (a) (i) or (iv) or paragraph 5 (d).
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 8B
No action for making statements under proceedings etc.SECT
8B. No action or proceeding, civil or criminal (other than proceedings for perjury), lies against any person in respect of:
(a) the making of any statement, the expressing of any opinion or the making of any determination, decision or assessment in proceedings in relation to a claim or appeal under this Act or in relation to a review under section 8 or 55; or
(b) the service on a person, in accordance with section 8A, of a copy of a determination, decision or assessment.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 10
Power to summon witnesses, take evidence etc.SECT
10. (1) The Chairman of the Commission or the Chairman of a Pensions Committee, or any person authorized in writing by the Chairman of the Commission or of a Pensions Committee, for the purpose of any inquiry that the Commission or the Pensions Committee has power to make, may summon any person to appear before the Commission or the Pensions Committee, as the case may be, and require that person to answer questions and to produce documents and, for any such purpose, may administer oaths or affirmations. (2) Any person who has been lawfully summoned to appear before the Commission or a Pensions Committee who fails to appear and any person who appears, whether summoned or not, who:
(a) refuses to be sworn as a witness;
(b) fails to answer any question which he is lawfully required to answer; or
(c) fails to produce any documents which he is lawfully required to produce;
shall be guilty of an offence.
Penalty: $100.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - PART III
PART III - PENSIONS AND GRATUITIES IN RESPECT OF
DEATH OR INCAPACITY
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 12
Grant of pensionsSECT
12. (1) Where any Australian mariner, not being a pilot, has died while suffering detention or dies or becomes incapacitated as a direct result of having sustained a war injury in the course of his employment as an Australian mariner, or, being a pilot, dies or becomes incapacitated as a direct result of having sustained a war injury while on pilot duty, Australia shall, subject to this Act, pay:
(a) in the case of the death of the Australian mariner - pensions to the dependants of the Australian mariner in accordance with this Act; or
(b) in the case of the incapacity of the Australian mariner - a pension to the mariner in accordance with this Act.(2) Where a claim in accordance with section 26 for a pension is granted, the Commission or the Pensions Committee may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim for pension, in accordance with an approved form, was received at an address of the Department.
(3) Where:
(a) a person makes a claim for a pension in writing, but otherwise than in accordance with a form approved for the purposes of section 26;
(b) the person subsequently makes a claim for the pension in accordance with a form so approved:
(i) at a time when he had not been notified by the Department
that it would be necessary for him to make his claim in accordance with a form so approved; or
(ii) within 3 months after he had been so notified; and
(c) a pension is granted to the person under this section upon consideration of that claim in accordance with a form so approved;
the Commission or Pensions Committee may, subject to this Act, approve payment of the pension from and including a date not earlier than 3 months before the date on which the claim referred to in paragraph (a) was received at an address of the Department.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 13
Limitation on grant of pensions where due to negligence or misconductSECT
13. A pension or allowance in respect of the death or incapacity of an Australian mariner shall not be granted if, in the opinion of the Commission or a Pensions Committee:
(a) in the case of death - the Australian mariner in any substantial measure contributed to or hastened his death by his own serious negligence or serious misconduct; or
(b) in the case of incapacity - the war injury to which the incapacity of the Australian mariner is attributable was in any substantial measure due to his own serious negligence or serious misconduct.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 15
Assessment of degree of incapacitySECT
15. (1) Where the Commission or the Pensions Committee determines that an Australian mariner has become incapacitated as a direct result of having sustained a war injury:
(a) in the case of a pilot - while on pilot duty; or
(b) in every other case - in the course of employment as an Australian mariner;
the Commission, or the Pensions Committee, shall, subject to subsections (2) and (3), determine the degree of incapacity of the mariner according to the provisions of the Guide to the Assessment of Rates of Veterans' Pensions as from time to time approved and in force under section 29 of the Veterans' Entitlements Act 1986.(2) Subject to subsection (3), the degree of incapacity shall be determined as 10 per centum or a multiple of 10 per centum, but not exceeding 100 per centum.
(3) The Commission or the Pensions Committee, as the case requires, may determine that the degree of incapacity of an Australian mariner from a war injury sustained by the mariner is less than 10 per centum (including nought per centum).
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 17A
Pensions to dependants of certain deceased Australian marinersSECT
17A. (1) Where an Australian mariner has died or dies otherwise than as a direct result of his having sustained a war injury and the Australian mariner, immediately prior to his death, was in receipt of:
(a) a pension calculated under section 22A on the basis that, if the mariner had been a veteran entitled in respect of incapacity from war injury to a pension under Part II of the Veterans' Entitlements Act 1986, section 24 of that Act would have applied to the mariner;
(b) a pension under section 22A that included an amount in respect of a disability described in any of the first 8 items in Column 1 of the table in subsection 27 (1) of the Veterans' Entitlements Act 1986; or
(c) a pension, the rate of which had been increased under subsection 18 (4AA);
the dependants of the Australian mariner shall, subject to this Act, be entitled to receive, as from the death of the Australian mariner, such pensions as would have been payable to them if the Australian mariner's death had been a direct result of his having sustained a war injury.(1A) If:
(a) an Australian mariner has died or dies; and
(b) the mariner's death was not a direct result of the mariner's having sustained a war injury; and
(c) the mariner was a prisoner of war in the course of employment as an Australian mariner;
the dependants of the mariner are, subject to this Act, entitled to receive the pensions that would have been payable to them if the mariner's death had been a direct result of having sustained a war injury.(1B) The date of commencement of a pension payable under subsection (1A) is not to be earlier than 1 January 1993.
(2) A reference in subsection (1) or (1A) to a war injury shall be read as a reference:
(a) in relation to an Australian mariner not being a pilot - to a war injury sustained in the course of his employment as an Australian mariner; or
(b) in the case of an Australian mariner being a pilot - to a war injury sustained while on pilot duty.(3) Where:
(a) an Australian mariner was not, immediately prior to his death, in receipt of a pension referred to in paragraph (1) (a), (b) or (c); and
(b) by virtue of a determination, decision or assessment made under this Act after his death, such a pension becomes payable in respect of the Australian mariner for a period terminating immediately prior to his death;
the Australian mariner shall, for the purposes of subsection (1), be deemed to have been in receipt of such a pension immediately prior to his death.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 17B
Pensions payable to orphans of certain deceased Australian
marinersSECT
17B. (1) Where:
(a) an Australian mariner who served in a theatre of war has died or dies otherwise than as a direct result of his having sustained a war injury;
(b) the Australian mariner has left or leaves a child; and
(c) the mother of the child is dead;
the child shall, subject to this Act, be entitled to receive such pension as would have been payable to the child if the Australian mariner's death had been a direct result of his having sustained a war injury.(2) The date of commencement of a pension payable by virtue of subsection (1) shall not be earlier than 11 November 1982.
(3) A reference in subsection (1) to war injury is a reference to:
(a) in relation to an Australian mariner not being a pilot - a war injury sustained in the course of his employment as an Australian mariner; or
(b) in the case of an Australian mariner being a pilot - a war injury sustained while on pilot duty.(4) An Australian mariner shall be taken, for the purposes of subsection (1), to have served in a theatre of war if, and only if, he was, at any time during the course of his employment as an Australian mariner, on a ship, or in an area, at a time when danger from hostile forces of the enemy was incurred on that ship, or in that area, as the case may be, by the Australian mariner.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 17C
Eligibility for pension after re-marriage or marriageSECT
17C. (1) Where a dependant of a deceased Australian mariner (not being a child of the Australian mariner) re-marries or marries after the death of the Australian mariner and on or after 22 May 1986:
(a) the Commonwealth is not liable to pay a pension to the dependant under section 12 or 17A unless the decision by the Commission, the Pensions Committee, the Board or the Administrative Appeals Tribunal, as the case may be, to grant the pension:
(i) was made before 22 May 1986; or
(ii) was or is made after 22 May 1986, upon consideration or
re-consideration of a claim for that pension that was duly made (whether before or after that date) before the re-marriage or marriage occurred; and
(b) a decision granting a pension to the dependant under section 12 or 17A made on or after 22 May 1986 by the Commission, the Pensions Committee, the Board or the Administrative Appeals Tribunal after that re-marriage or marriage occurred (including a decision granting such a pension as from a date before that re-marriage or marriage occurred) is void and of no effect unless the decision was made upon consideration or re-consideration of a claim for that pension made as described in subparagraph (a) (ii).(2) Where a dependant of a deceased Australian mariner (not being a child of the Australian mariner) has re-married or married after the death of the Australian mariner but on or before 28 May 1984:
(a) the Commonwealth is not liable to pay a pension to the dependant under section 12 or 17A unless the decision by the Commission, the Pensions Committee, the Board or the Administrative Appeals Tribunal, as the case may be, to grant the pension was made before the commencement of section 40 of the Veterans' Affairs Legislation Amendment Act 1988; and
(b) a decision granting a pension to the dependant under section 12 or 17A made after the commencement referred to in paragraph (a) by the Commission, the Pensions Committee, the Board or the Administrative Appeals Tribunal (including a decision granting such a pension as from a date before that commencement) is void and of no effect.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 18
Rates of pension on death or total incapacitySECT
18. (1) Subject to this Act, the rates of pension are as specified in this section. (2) The rate of pension payable to a dependant of a deceased Australian mariner, being a person who is the widow of the mariner, is the rate specified in column 1 of Schedule 1.
(4) The rate of pension payable to an Australian mariner is, if the degree of the incapacity is 100 per centum, the rate specified in column 3 of Schedule 1.
(4AA) Where:
(a) the degree of incapacity of an Australian mariner from a war injury is determined under section 15 to be 100% or has been so determined by a determination that is in force;
(b) the Australian mariner has attained the age of 65;
(c) the Australian mariner has an impairment rating of at least 70 points and a lifestyle rating of at least 6 points, each determined in accordance with the Guide to the Assessment of Rates of Veterans' Pensions as from time to time approved and in force under section 29 of the Veterans' Entitlements Act 1986; and
(d) the Australian mariner is not receiving a pension at a rate provided for by subsection 18 (4A) or section 22A;
the rate at which pension is payable to the Australian mariner is increased by 50% of the maximum rate provided for by subsection (4).(4AB) For the purpose of subsection (4AA), an Australian mariner who has been granted a pension at a rate provided for by subsection 18 (4A) or section 22A shall be taken to be receiving a pension at the rate provided for by the provision concerned even if:
(a) the rate has been reduced, or the pension is not payable, because of section 53A; or
(b) amounts are being deducted from the pension under section 55A.(4A) Where:
(a) an Australian mariner is in receipt of, or is entitled to receive, a pension in respect of war injury; and
(b) the Commission or a Pensions Committee is satisfied that, if the mariner were a veteran entitled, in respect of incapacity from war injury, to a pension under Part II of the Veterans' Entitlements Act 1986, section 23 of that Act would apply to the mariner;
the amount specified in column 3 of the table in Schedule 1 to this Act shall be deemed to be $394.50.(7) The rate of pension payable to dependants of a deceased Australian mariner, being dependants who are children of the mariner is $44.40 per fortnight in respect of each child.
(8) Notwithstanding anything contained in subsection (7), where the mother of the children of a deceased Australian mariner is dead, the rate of pension payable in respect of each of these children is $88.80 per fortnight.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 18AA
Indexation of rate of pensionSECT
18AA. (1) In this section, unless the contrary intention appears:
"index number", in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Statistician in respect of that quarter;
"relevant period" means the period of 6 months commencing on 20 September 1990, and each subsequent period of 6 months (other than the period of 6 months commencing on 20 September 1992);
"relevant rate" means the rate specified in subsection 18 (4A), the rate specified in Column 1 of Schedule 1 or the rate specified in Column 3 of that Schedule;
"Statistician" means the Australian Statistician.(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by him in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.
(3) If at any time, whether before or after the commencement of this section, the Statistician has changed or changes the reference base for the consumer price index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.
(4) Where the factor ascertained, in relation to a relevant period, in accordance with subsection (5) is greater than 1, this Act has effect as if for each relevant rate there were substituted, on the first day of that period:
(a) subject to paragraph (b) - a rate calculated by multiplying by that factor:
(i) in a case to which subparagraph (ii) does not apply - the
relevant rate; or
(ii) if, by virtue of another application or several other
applications of this section, this Act has had effect as if another rate was substituted, or other rates were successively substituted, for the relevant rate - the substituted rate or the last substituted rate, as the case may be; or
(b) where the rate so calculated (in this paragraph referred to as the "calculated rate") is not a multiple of $0.10 per fortnight - a rate equal to:
(i) if the calculated rate exceeds the next lower rate that
is such a multiple by $0.05 per fortnight or more - the next higher rate that is such a multiple; or
(ii) if the calculated rate exceeds the next lower rate that
is such a multiple by less than $0.05 per fortnight - that next lower rate.(5) The factor to be ascertained for the purposes of subsection (4) in relation to a relevant period:
(a) is the number, calculated to 3 decimal places, ascertained by dividing:
(i) if the relevant period starts between 1 January and 30
June (inclusive) - the index number for the last preceding December quarter; or
(ii) if the relevant period starts between 1 July and 31
December (inclusive) - the index number for the last preceding June quarter;
by the highest index number in respect of a December or June quarter that preceded that quarter, not being a December or June quarter that occurred before the June quarter in the year 1979; or
(b) if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4 - is the number so ascertained increased by 0.001.(6) Where, by virtue of the application of this section, this Act has effect as if another rate were substituted for a relevant rate on the first day of a relevant period, the substitution, in so far as it affects instalments of pensions, has effect in relation to every instalment of such a pension that falls due on or after the first day of that period.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 18A
Rate of pension to certain dependants who are childrenSECT
18A. (1) This section applies to a dependant of an Australian mariner:
(a) who is a child of the mariner;
(b) who has attained the age of 16; and
(c) to or in respect of whom a maintenance or living allowance or a salary is payable by Australia under the Mariners' Children Education Scheme or under any other scheme for assistance by Australia in the education or training of children.(2) Where the maintenance or living allowance or the salary payable by Australia to or in respect of a dependant to whom this section applies:
(a) is payable under the Mariners' Children Education Scheme; or
(b) is payable under a scheme other than the Mariners' Children Education Scheme at a fortnightly rate that equals or exceeds the fortnightly rate of the corresponding Mariners' Children Education Scheme allowance in relation to that dependant;
no pension is payable to or in respect of that dependant under this Act.(3) Where:
(a) the maintenance or living allowance or the salary payable by Australia to or in respect of a dependant to whom this section applies is payable under a scheme other than the Mariners' Children Education Scheme; and
(b) the amount of the fortnightly rate of that maintenance or living allowance or salary is less than the amount of the fortnightly rate of the corresponding Mariners' Children Education Scheme allowance in relation to that dependant;
the fortnightly instalment of the pension payable to the dependant under this Act shall not exceed the amount by which the first-mentioned amount referred to in paragraph (b) is less than the other amount referred to in that paragraph.(4) In this section:
"the corresponding Mariners' Children Education Scheme allowance", in relation to a dependant who is not an eligible child for the purposes of the Mariners' Children Education Scheme, means the maintenance or living allowance that would be payable to or in respect of the dependant under the Mariners' Children Education Scheme if the dependant were an eligible child for the purposes of that scheme;
"the Mariners' Children Education Scheme" means a scheme for providing facilities for the education or training of children of Australian mariners established by the Commission under the regulations.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 19
Clothing allowanceSECT
19. (1) The Commission may grant to an Australian mariner who is receiving a pension in respect of a disability described in Column 2 of the following table a clothing allowance at the rate specified, in relation to that disability, in Column 3 of the table:
Column 1 Column 2 Column 3
Item Description of disability Rate per
fortnight
$
1 One leg and one arm amputated 7.20
2 Both legs or both arms amputated 4.60
3 One leg amputated (causing essential hip
disarticulation) 4.60
4 One leg or one arm amputated 3.30
5 Blindness of both eyes 3.30
(2) Where an Australian mariner has been granted a clothing allowance in respect of a disability referred to in item 2, 3 or 4 (in Column 1) of the table in subsection (1), the Commission may, if it is satisfied that it is necessary for the mariner to use a crutch or crutches in addition to another artificial aid, increase the rate of that allowance to an amount per fortnight equal to the amount specified in item 1 (in Column 3) of the table in subsection (1).
(3) Where an Australian mariner is receiving a pension in respect of a disability, other than a disability referred to in subsection (1), that results in exceptional wear and tear or damage to the mariner's clothing, the Commission may grant to the mariner a clothing allowance of such an amount, or at such a rate, as it determines.
(4) The amount payable under subsection (3), whether paid in a lump sum or by instalments, must not, in any 12 month period, exceed an amount equal to the sum of 26 fortnightly instalments of the amount specified in item 4 (in Column 3) of the table in subsection (1).
(5) An allowance under subsection (3) may be granted to an Australian mariner entitled to an allowance in respect of a disability referred to in subsection (1) in addition to the allowance payable under subsection (1) or (2).
(6) For the purposes of this section:
(a) an Australian mariner who has had a hand amputated is taken to have had an arm amputated; and
(b) an Australian mariner who has had a foot amputated is taken to have had a leg amputated; and
(c) an Australian mariner is taken to be blind where the Commission is of the opinion that the mariner's eyesight in the eye is so defective that the mariner has no useful sight in that eye.(7) An application for an allowance under this section:
(a) must be in accordance with a form approved by the Commission; and
(b) must be accompanied by such certificates and other evidence (relevant to the applicant's entitlement to the allowance) as are required to be provided by this Act or the form of application; and
(c) must be made by sending the application to the Secretary at an address of the Department in Australia together with any certificates and evidence referred to in paragraph (b).(8) An application for an allowance under this section may be made:
(a) by the person eligible to be granted the allowance; or
(b) with the approval of that person or of the Commission under subsection (9), by another person on behalf of that person.(9) Where a person eligible to be granted an allowance under this section is unable, because of physical or mental ailment, to approve a person to make an application for that allowance on his or her behalf, the Commission may approve a person to make the application on his or her behalf.
(5AB) Where the Commission is, under subsection (5A), satisfied that the rate of a pension payable to an Australian mariner is higher than it should be by reason that the degree of incapacity of the mariner from war injury is less than 10 per centum (including nought per centum), it shall cancel the pension that was payable to the mariner.
(5AC) The cancellation of a pension payable to an Australian mariner under subsection (5AB) does not affect any decision of the Commission, a Pensions Committee, the Board or the Administrative Appeals Tribunal that is in force determining that the mariner is suffering from a war injury.
(5B) Where a determination is made under subsection (5A):
(a) by reason of the refusal or failure of a person to comply with a provision of this Act other than:
(i) subsection 29 (4) in relation to a notice under paragraph
29 (1) (f); or
(ii) subsection 30 (4); or
(b) by reason that an amount has been paid by way of pension that, but for the false statement or misrepresentation of any person, would not have been paid;
a date earlier than the date of the determination may be specified in the determination as the date as from which the cancellation, suspension or decrease, as the case may be, is to take effect.(5BA) Subsection (5B) does not apply to a determination under subsection (5A) for a reason set out in paragraph (5A) (c).
(5C) Where the Commission is satisfied that, having regard to any matter that affects the payment of a pension, the rate of the pension is less than it should be, the Commission may, by determination in writing, increase the rate of the pension with effect from the date of the determination, or such earlier date (not being a date more than 3 months before the date of the determination), or later date, as is specified in the determination.
(5D) Where the Commission determines that a pension be suspended:
(a) the Commission may, in the same determination, fix the date of re-commencement of the pension; or
(b) if the Commission does not so fix the date of re-commencement, the Commission shall, in a subsequent determination, fix the date of re-commencement of the pension unless it makes a further determination cancelling the pension.(6) If the Commission refuses or fails to review a decision in relation to pension, the refusal or failure is not subject to review by the Board or the Administrative Appeals Tribunal.
(7) A decision of the Commission upon its review under this section of a decision in relation to a pension is not subject to review by the Board or the Administrative Appeals Tribunal unless the Commission cancels, suspends or varies the decision reviewed by the Commission.
(8) This section applies to and in relation to a decision made before the commencement of this subsection but does not apply to or in relation to a decision of the Board referred to in subsection 154 (1) of the Veterans' Entitlements Act 1986, in its application to pensions under this Act, that is binding on the Commission by reason that the period specified in that subsection has not expired.
(11) In this section:
"decision" includes determination and assessment;
"pension" includes allowance, gratuity and compensation under this Act.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 55A
Recovery of overpaymentsSECT
55A. (1) This section applies where:
(a) in consequence of a false statement or representation, or of a failure or omission to comply with a provision of this Act, of the Regulations or of the Veterans' Entitlements Act 1986 in its application by virtue of this Act, an amount has been paid by way of pension, allowance or other pecuniary benefit under this Act, or under the Regulations, that would not have been paid but for the false statement or representation or but for the failure or omission;
(b) an amount has been paid to a person under a prescribed educational scheme that was not lawfully so payable;
(c) an amount has purported to have been paid by way of pension, allowance or other pecuniary benefit under this Act or the Regulations, or under the Social Security Act 1947, the Social Security Act 1991 or the Veterans' Entitlements Act 1986, that was not lawfully so payable; or
(d) an amount has been paid, whether before or after the commencement of section 46 of the Veterans' Affairs Legislation Amendment Act 1988, by way of pension, allowance or other pecuniary benefit under this Act, the Regulations, the Social Security Act 1947, the Social Security Act 1991 or the Veterans' Entitlements Act 1986, and the payment of that amount has since become an unauthorised payment.(1A) Where this section applies, the recoverable amount shall, subject to section 55A and unless the Commission takes action under paragraph 55B (1) (a) or (b) in respect of that amount, be recovered as provided in subsections (1B) and (1C).
(1B) A recoverable amount may be recovered by deductions under subsection (2).
(1C) A recoverable amount, other than an excluded amount, may be recovered:
(a) by proceedings in a court of competent jurisdiction from the person to whom, or on whose account, the amount was paid, or from the estate of that person, as a debt due to the Commonwealth; or
(b) partly by proceedings referred to in paragraph (a) and partly by deductions under subsection (2).(2) Where an amount (in this subsection referred to as the "overpayment") has been paid as described in paragraph (1) (a), (b), (c) or (d) to a person, amounts not exceeding in the aggregate the amount of the overpayment may, whether or not proceedings have been instituted in a court to recover the overpayment, be recovered by deduction:
(a) from a pension, allowance or pecuniary benefit payable to the person under this Act or the Regulations;
(b) from any amount payable under the Regulations on the death of that person; or
(c) with the consent of another person, from any pension, allowance or pecuniary benefit payable to that other person under this Act or the Regulations;
but the sum of the amounts so recovered by deduction when aggregated with any amount recovered by proceedings in a court shall not exceed the overpayment.(3) When deductions have commenced to be made under subsection (2) to recover an amount (in this subsection referred to as the "overpayment") but the whole of the overpayment has not been recovered at the end of the period applicable under subsection 55B (2) or (3), as the case requires, to the institution of proceedings to recover the overpayment, deductions may continue to be made under subsection (2) of this section until the balance of the overpayment has been recovered, notwithstanding that the period during which proceedings may be instituted to recover the balance of the overpayment has expired.
(5) Where:
(a) a person is indebted to the Commonwealth under or as a result of paragraph (1) (a);
(b) the debt exceeds $50; and
(c) the debt is not discharged within 3 months after the person has been given a notice advising the person of the amount of the debt for the purposes of this subsection;
the person becomes liable to pay to the Commonwealth an additional amount (not exceeding $515) calculated by adding $15 and 10% of so much of the amount of the debt as remains due at the end of that period of 3 months.(6) Where a person becomes liable to pay an additional amount under subsection (5), the amount may be recovered as if it were an amount that is recoverable under subsection (1).
(7) The payment of an amount paid by way of pension, allowance or other pecuniary benefit becomes an unauthorised payment if:
(a) the decision pursuant to which the payment was made is:
(i) set aside; or
(ii) varied, so that a lesser amount, or no amount, is
payable by way of pension, allowance or other pecuniary benefit;
by any person, body, tribunal or court; and
(b) the setting aside or variation has effect from the date, or from a date earlier than the date, of the payment.(8) In this section:
"excluded amount" means:
(a) a recoverable amount arising by virtue of the payment of an amount as mentioned in paragraph (1) (b); or
(b) a recoverable amount arising by virtue of the payment of an amount as mentioned in paragraph (1) (c) or (d) under the Social Security Act 1947 or the Social Security Act 1991;
"prescribed educational scheme" means:
(a) the Aboriginal Overseas Study Assistance Scheme; or
(b) the ABSTUDY Scheme; or
(c) the Assistance for Isolated Children Scheme; or
(d) the AUSTUDY Scheme; or
(e) the English as a Second Language Allowance Scheme; or
(f) the Post-graduate Awards Scheme; or
(g) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or
(h) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or
(j) a scheme prescribed for the purposes of this definition;
"recoverable amount" means:
(a) where an amount has been paid as mentioned in paragraph (1) (a), (b) or (c) - an amount equal to that amount;
(b) where an amount has been paid as mentioned in paragraph (1) (d) pursuant to a decision that is set aside as mentioned in subsection (7) - an amount equal to that amount; or
(c) where an amount has been paid as mentioned in paragraph (1) (d) pursuant to a decision that is varied as mentioned in subsection (7) - an amount equal to the amount by which the amount paid exceeded the amount payable under the decision as varied.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 55AA
Recovery of overpayments by deduction from other pension, benefit
or allowanceSECT
55AA. Where:
(a) a pension or allowance (in this section called the "new pension or allowance") becomes payable, or becomes payable at an increased rate, to a person under this Act or the Regulations from a date (in this section called the "operative date"), being the date on which the decision to grant the new pension or allowance, or to increase the rate of the new pension or allowance, is made (in this section called the "date of the decision"), or a date before or after the date of the decision;
(b) the person has been paid before, or is paid on or after, the date of the decision:
(i) a pension or allowance under this Act or the Regulations,
or under the provisions of any other Act administered by the Minister; or
(ii) a pension, benefit or allowance under the Social
Security Act 1947 or the Social Security Act 1991;
(in this section called the "existing pension, benefit or allowance") in respect of a period commencing on or after the operative date; and
(c) an amount, or amounts, of the existing pension, benefit or allowance has or have been paid, in respect of a period commencing on or after the operative date, that would not have been paid if the new pension or allowance had then been payable, or payable at the higher rate, as the case may be;
an amount equal to the amount, or sum of the amounts, of the existing pension, benefit or allowance paid to the person that would not have been paid to the person shall, unless the Commission takes action under paragraph 55B (1) (a) or (b) in respect of that amount, be deducted, either in a lump sum or by instalments, as the Commission determines, from amounts of the new pension or allowance payable to the person.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 55B
Waiver etc.SECT
55B. (1) The Commission may, on behalf of the Commonwealth, by determination in writing:
(a) write off debts arising under or as a result of this Act, or debts arising under or as a result of this Act that are included in a class of debts specified by the Minister by notice in writing published in the Gazette;
(b) waive or defer the right of the Commonwealth:
(i) to recover from a person the whole or a part of a debt
that is payable by the person under or as a result of this Act; or
(ii) to recover debts under or as a result of this Act
included in a class of debts specified by the Minister by notice in writing published in the Gazette; or
(c) allow an amount that is payable by a person to the Commonwealth under or as a result of this Act to be paid in instalments.(2) Subject to subsection (3), proceedings for the recovery from a person of any amount that is payable by the person to the Commonwealth under or as a result of this Act shall not be commenced after the end of the period of 6 years commencing on the day on which that amount became payable.
(3) Where an amount becomes payable by a person to the Commonwealth under or as a result of this Act because of:
(a) a false statement or representation made by any person; or
(b) a failure or omission by any person to comply with a provision of this Act;
proceedings for the recovery of that amount may be commenced at a time within the period of 6 years commencing on the day on which an officer of the Department becomes aware that the statement or representation was false or that the person had not complied with that provision, as the case may be.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 55C
Commission may take action in relation to money owing to pensionersSECT
55C. (1) Where a person (in this subsection called the "pensioner") is indebted to the Commonwealth under or as a result of this Act, the Commission may, by notice in writing given to a person:
(a) by whom any money is due or accruing or may become due to the pensioner;
(b) who holds or may subsequently hold money for or on account of the pensioner;
(c) who holds or may subsequently hold money on account of some other person for payment to the pensioner; or
(d) who has authority from some other person to pay money to the pensioner;
require the person to whom the notice is given to pay to the Commonwealth:
(e) an amount specified in the notice, not exceeding the amount of the debt due by the pensioner under or as a result of this Act or the amount of the money referred to in the preceding paragraph that is applicable; or
(f) such amount as is specified in the notice out of each payment that the person becomes liable from time to time to make to the pensioner until that debt is satisfied.(2) The time for making a payment in compliance with a notice under subsection (1) is such time as is specified in the notice, not being a time before the money concerned becomes due or is held or before the end of the period of 14 days after the notice is given.
(3) A person who fails to comply with a notice under subsection (1) to the extent that the person is capable of doing so is guilty of an offence.
Penalty:
(a) in the case of a natural person - $2,000 or imprisonment for one year, or both; or
(b) in the case of a body corporate - $10,000.(4) Where the Commission gives a notice to a person under subsection (1), the Commission shall give a copy of the notice to the pensioner concerned.
(5) A person who makes a payment to the Commonwealth in compliance with a notice under subsection (1) shall be deemed to have made the payment under the authority of the pensioner concerned and of any other person concerned.
(6) Where:
(a) a notice is given to a person under subsection (1) in respect of a debt due by a pensioner; and
(b) an amount is paid by a person other than the first-mentioned person in reduction or in satisfaction of the debt;
the Commission shall notify the first-mentioned person accordingly, and the amount specified in the notice shall be deemed to be reduced by the amount so paid.(7) Where, apart from this subsection, money is not due or repayable on demand to a person unless a condition is fulfilled, the money shall be taken, for the purposes of this section, to be due or repayable on demand, as the case may be, notwithstanding that the condition has not been fulfilled.
(8) Where:
(a) a notice is given to a person under subsection (1) in respect of a debt due by a pensioner; and
(b) the person fails to comply with the notice to the extent that the person is capable of doing so;
an amount equal to:
(c) so much of the amount required by the notice to be paid by the person as the person was able to pay; or
(d) so much of the debt due by the pensioner at the time when the notice was given as remains due from time to time;
whichever is the lesser, is a debt due by the person to the Commonwealth.(9) Where:
(a) a person is indebted to the Commonwealth under subsection (8) in respect of a debt due by a pensioner; and
(b) the Commonwealth recovers:
(i) the whole or a part of the debt due by the person under
subsection (8); or
(ii) the whole or a part of the debt due by the pensioner;
the debt due by the pensioner, and the debt due by the person, are reduced by the amount so recovered and the amount specified in the notice under subsection (1) shall be deemed to be reduced by the amount so recovered.(10) A reference in this section to a person includes a reference to the Commonwealth, a State, a Territory and any authority of the Commonwealth or of a State or Territory.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 55D
Certain decisions of Commission reviewable under Social Security Act etc.SECT
55D. (1) This section applies to the following decisions of the Commission made in relation to an amount paid, or purported to have been paid, by way of pension, allowance or other pecuniary benefit under the Social Security Act 1947 or the Social Security Act 1991 (in this section called the "social security amount"):
(a) a decision to recover a recoverable amount in relation to the social security amount by deductions under subsection 55A (2);
(b) a decision to give a notice to a person under section 55C in respect of a debt due to the Commonwealth in relation to the payment of the social security amount.(2) A decision to which this section applies shall be taken for the purposes of the Social Security Act 1991 to be a decision made under that Act by an officer (other than the Secretary) of the Department administered by the Minister administering that Act.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 56
Appropriation for pensions etc.SECT
56. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly:
(a) pensions, allowances and gratuities under this Act; and
(b) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed by the regulations or by reference to this Act.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 57
Delegation by MinisterSECT
57. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act, except this power of delegation. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation of a power under this section does not prevent the exercise of the power by the Minister.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 57A
Delegation by CommissionSECT
57A. (1) The Commission may, either generally or as otherwise provided by the instrument of delegation, by writing under its seal, delegate to a member of the Commission, or to an officer or employee of the Australian Public Service, all or any of its powers and functions under this Act or the regulations, or under the provisions of the Veterans' Entitlements Act 1986 as applied by sections 37 and 40 of this Act, other than this power of delegation. (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, the regulations and the provisions of the Veterans' Entitlements Act 1986 as applied by sections 37 and 40 of this Act, be deemed to have been exercised or performed by the Commission.
(3) A delegation of a power or function under this section does not prevent the exercise of the power, or the performance of the function, by the Commission.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 57B
Delegation by SecretarySECT
57B. (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to an officer or employee of the Australian Public Service all or any of the Secretary's powers under this Act or the regulations, except this power of delegation. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised by the Secretary.
(3) A delegation of a power under this section does not prevent the exercise of the power by the Secretary.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 58
OffencesSECT
58. (1) A person shall not:
(a) knowingly make, either orally or in writing, a false or misleading statement:
(i) in connection with, or in support of, a claim or
application made under this Act, or the Regulations, by that person or by another person for a pension, allowance or other benefit or for an increased pension, allowance or other benefit;
(ii) to deceive an officer doing duty in relation to this
Act; or
(iii) to affect the rate of a pension, allowance or other
pecuniary benefit payable under this Act or the Regulations;
(b) knowingly obtain a payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or an instalment of such a pension, allowance or other benefit, that is not payable;
(c) knowingly obtain payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or an instalment of such a pension, allowance or other benefit, by means of a false or misleading statement or of impersonation or a fraudulent device;
(d) knowingly obtain a benefit (not being a pension, allowance or pecuniary benefit) under this Act or the Regulations by means of a false or misleading statement or of impersonation or a fraudulent device; or
(e) knowingly make or present to the Commission or an officer, a statement or document that is false in a material particular.(2) A person shall not forge the signature of another person on a claim or application under this Act or the Regulations for a pension, allowance or other benefit, or for an increased pension, allowance or other pecuniary benefit, or on any other document connected with, or in support of, such a claim or application, or connected with payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or the provision of any other benefit under the Regulations.
Penalty: $1,000 or imprisonment for 6 months, or both.(3) A person shall not sign his or her name on a document intended to be presented to an officer for the purposes of this Act or the Regulations as his or her signature to the document unless the document has been completely filled in so as to be ready to be presented to an officer without further addition.
Penalty: $1,000 or imprisonment for 6 months, or both.(4) A person to whom assistance by way of a gift or loan of goods has been granted under the Regulations for any purpose shall not, without having first obtained the consent of the Commission:
(a) use the goods for any other purpose; or
(b) sell or otherwise dispose of, or pledge, mortgage or deposit by way of security any of those goods.
Penalty: $1,000 or imprisonment for 6 months, or both.(5) An offence against subsection (1) is an indictable offence and, subject to subsection (7), is punishable, on conviction, by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.
(6) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(7) Where, in accordance with subsection (6), a court of summary jurisdiction convicts a person of an offence against subsection (1), the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 58AA
Multiple offencesSECT
58AA. (1) Charges against the same person for any number of offences against section 58, may be joined in one complaint or information if those charges are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character. (2) Where 2 or more charges are included in the same complaint or information, particulars of each offence charged shall be set out in a separate paragraph.
(3) All charges so joined shall be tried together unless the court deems it just that any charge should be tried separately and makes an order to that effect.
(4) If a person is convicted of more than one offence against section 58, the court may, if it thinks fit, impose one penalty in respect of all the offences of which the person is convicted, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if penalties were imposed for each offence separately.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 58AC
Order for repayment of pension etc.SECT
58AC. (1) Where:
(a) a person is convicted of an offence against subsection 58 (1) or (2); or
(b) a person is charged before a court with an offence against subsection 58 (1) or (2) but the court, being satisfied that the charge has been proved, dismisses the charge or discharges the person without proceeding to a conviction;
the court may (in the case of a person convicted of the offence, in addition to imposing a penalty in respect of the offence) order the person to repay to the Commonwealth an amount equal to the amount paid by way of pension, allowance or other pecuniary benefit under this Act or the Regulations in consequence of the act, failure or omission in respect of which the person was charged with the offence.(2) For the purposes of subsection (1), a certificate, under the hand of the Secretary, that an amount specified in the certificate is the amount that has been paid to a person by way of pension, allowance or other pecuniary benefit in consequence of any act, failure or omission specified in the certificate is prima facie evidence of the matters specified in the certificate.
(3) Where:
(a) the Court makes an order under subsection (1) for the payment to the Commonwealth of an amount of money; and
(b) the clerk, or other appropriate officer, of the Court signs a certificate specifying:
(i) the amount ordered to be paid to the Commonwealth; and
(ii) the person by whom the amount is to be paid; and
(c) the certificate is filed in a court (which may be the Court) having civil jurisdiction to the extent of the amount to be paid;
the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.(4) In spite of anything in this Act or any other law, a person is not to be imprisoned in respect of a failure to pay an amount payable to the Commonwealth under this section.
(5) Where:
(a) a person is convicted of an offence against subsection 58 (1) or (2); and
(b) the Court orders him or her to pay an amount of more than $30,000 to the Commonwealth under subsection (1); and
(c) the offence involved a scheme to defraud the Commonwealth;
the Court may, on application by the Commonwealth, order the person to pay to the Commonwealth interest on the amount mentioned in paragraph (b), at the rate of 20% per annum, in respect of the period or periods in respect of which the person was paid pension, allowance or other pecuniary benefit as mentioned in subsection (1).(6) In this section:
"scheme to defraud the Commonwealth" includes either of the following:
(a) a scheme involving the making of a series of false or misleading statements;
(b) a scheme involving obtaining a series of payments of pension, allowance or other pecuniary benefit or instalments of pension, allowance or other pecuniary benefit under this Act (being payments that were not payable) by means of impersonation or a fraudulent device.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 58A
InterpretationSECT
58A. A reference in any law to a Schedule to this Act that is identified in that law by an ordinal number shall be read as a reference to the Schedule to this Act that is identified in this Act by the corresponding cardinal number.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 58B
Charges payable to CommonwealthSECT
58B. (1) In this section:
"contributor" has the same meaning as it has in the National Health Act 1953;
"medical treatment" has the same meaning as it has in section 59;
"registered organisation" has the same meaning as it has in the National Health Act 1953.(2) Where:
(a) a person is provided with medical treatment under the regulations;
(b) the person is a contributor to a fund conducted by a registered organisation; and
(c) the person will, in the opinion of the Commission, if the person pays or becomes liable to pay to the Commonwealth an amount in respect of the medical treatment, be entitled to receive an amount by way of benefit as such a contributor in respect of the medical treatment;
the Commission may, by notice in writing given to the person, request the person to pay to the Commonwealth in respect of the medical treatment an amount specified in the notice, being an amount ascertained in accordance with a scale of charges determined by the Commission by instrument in writing, and where the Commission gives such a notice to the person, the person is liable to pay to the Commonwealth the amount specified in the notice.(3) Where:
(a) a person is liable to pay an amount to the Commonwealth under subsection (2) in respect of medical treatment; and
(b) a registered organisation becomes liable to pay an amount by way of benefit to that person as a contributor in respect of that treatment;
the registered organisation is liable to pay the amount referred to in paragraph (b) to the Commonwealth, and payment of that amount to the Commonwealth operates as a discharge of that person's liability under subsection (2) in respect of the treatment and as a discharge of the liability of the registered organisation to pay that amount to that person.(4) The Commonwealth may recover in a court of competent jurisdiction an amount that a registered organisation is liable to pay to the Commonwealth under subsection (3).
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SECT 59
RegulationsSECT
59. (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, but without limiting the generality of the foregoing, for providing for:
(a) the manner and form in which a claim for a pension, allowance, gratuity, compensation or other benefit shall be made;
(b) the person by whom and to whom, and the time within which, such a claim shall be made;
(c) the information and evidence which may be required and accepted in connexion with such a claim;
(d) the manner and form in which, and the person or class of persons by whom, a certificate relating to the death or incapacity of a person may be given for the purposes of this Act;
(e) medical treatment and pharmaceutical benefits for Australian mariners and other persons;
(fa) grants in respect of fares and travelling expenses and loss of salary or wages, or reduction in earnings, incurred or suffered, in prescribed circumstances, by Australian mariners or persons being provided with medical treatment under the regulations, or attendants accompanying Australian mariners or such persons;
(h) allowances to widows, separated widows and de facto wives of Australian mariners who have died as a result of war injuries;
(i) education benefits for children of Australian mariners who have suffered war injuries;
(j) grants of furniture to:
(i) Australian mariners who, as a result of war injury, are
blinded or totally and permanently incapacitated and who, at the relevant date, were married; or
(ii) widows, separated widows and de facto wives of
Australian mariners who are maintaining children of Australian mariners who have died as a result of war injuries;
(k) grants towards the funeral expenses of Australian mariners whose deaths are attributable to war injuries;
(l) the general conditions governing the grant and administration of pensions, allowances, gratuities, compensation or other benefits under this Act;
(m) the manner in which a pension, allowance, gratuity, compensation or other benefit may be paid or applied; and
(n) penalties not exceeding $50 or imprisonment for 3 months for breaches of the regulations.(1A) Regulations made in pursuance of paragraph (1) (e) may apply, adopt or incorporate, with or without modification:
(a) the Treatment Principles, prepared and approved under section 90 of the Veterans' Entitlements Act 1986, as in force at a particular time, or as in force from time to time; and
(b) the scheme, prepared and approved under section 91 of that Act, as in force at a particular time, or as in force from time to time.(2) Subject to subsection (4), 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 subsection; 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 subsection and notifies the person accordingly;
the person is liable to pay to Australia, as a debt due to Australia, such reasonable charges in respect of the treatment as the Commission notifies to him in writing.(3) Regulations made in pursuance of paragraph (2) (a) may provide for payment in accordance with that subsection (2) 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.(4) Subsection (2) does not apply in relation to medical treatment in respect of a war injury.
(4A) The regulations may provide that nothing in the regulations shall be taken to:
(a) impose a duty on the Commission to arrange for the provision of; or
(b) confer a right on a person to be provided, under arrangements made by the Commission with;
treatment for a particular injury or disease, treatment of a particular kind for an injury or disease or treatment for an injury or disease outside Australia.(4B) The regulations may provide that nothing in the regulations shall be taken to confer on a person the right to be provided with treatment for an injury or disease:
(a) by the Commonwealth; or
(b) by the Commission otherwise than to the extent that, and in a manner that, it may be provided under arrangements made by, or with the approval of, the Commission.(5) In this section:
"children", in relation to an Australian mariner, means sons, daughters, step-sons, step-daughters, adopted sons or adopted daughters of the mariner, and includes any ex-nuptial children of the mariner;
"medical treatment" has the same meaning as treatment has in subsection 80 (1) of the Veterans' Entitlements Act 1986;
"pharmaceutical benefits" has the same meaning as in subsection 91 (9) of the Veterans' Entitlements Act 1986.
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SCHEDULE 1 SCH
SCHEDULE 1 Section 18
GENERAL PENSION RATES - DEATH OR TOTAL INCAPACITY
Column 1
Rate of pension payable per fortnight to a dependant of a
deceased Australian mariner, being the widow of the mariner
$
Column 3
Rate of pension payable per fortnight to
Australian mariner on total incapacity
$
312.10 216.90
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SCHEDULE 2 SCH
SCHEDULE 2 Section 21
ATTENDANT ALLOWANCE
Column 1
Description of disability
Column 2
Rate per fortnight of Attendant allowance
$
1. Blinded in both eyes
84.30
2. Blinded in both eyes together with total loss of speech or
total deafness 168.60
3. Both arms amputated
168.60
4. Both legs amputated and one arm amputated
84.30
5. Both legs amputated at the hip or one leg amputated at the hip
and the other leg amputated in the upper third
84.30
SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 - SCHEDULE 5 SCH
SCHEDULE 5 Section 23 (2)
GRATUITIES PAYABLE TO AN AUSTRALIAN MARINER IN
RESPECT OF SPECIFIED MINOR WAR INJURIES, INVOLVING
LESS THAN 20% OF TOTAL INCAPACITY
Column 1 Column 2
For the loss of - Amount of Gratuity
$
1. Left thumb, terminal phalanx 225.00
2. Fingers -
Right index finger -
Whole 300.00
2 phalanges 250.00
1 phalanx 200.00
Tip and nail, no bone 120.00
Left index finger -
Whole 200.00
2 phalanges 160.00
1 phalanx 120.00
Tip and nail, no bone 100.00
Right or left middle finger -
Whole 160.00
2 phalanges 120.00
1 phalanx 100.00
Tip and nail, no bone 80.00
Right or left ring or little finger -
Whole 100.00
2 phalanges 80.00
1 phalanx 60.00
Tip and nail, no bone 40.00
3. Toes (whether from left or right foot) -
Whole of great toe 200.00
1 joint of great toe 80.00
Other than great toes -
Whole of 1 toe 80.00
Whole of 2 toes from one foot 120.00
Whole of 3 toes from one foot 140.00
Whole of 4 toes from one foot 200.00
1 joint of one toe 40.00
1 joint from each of two toes of one foot
60.00
1 joint from each of three toes of one foot
70.00
1 joint from each of four toes of one foot
80.00
4. Ear (hearing not affected) 160.00
0
0
0