Seamen's War Pensions and Allowances Act 1973 (Cth)

Seamen’s War Pensions and Allowances Act 1973

No. 6 of 1973

 

AN ACT

To amend the Seamen’s War Pensions and Allowances Act 1940–1972.

[Assented to 16 March 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Seamen’s War Pensions and Allowances Act 1973.

(2) The Seamen’s War Pensions and Allowances Act 1940–1972 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Seamen’s War Pensions and Allowances Act 1940–1973.

 

Commencement.

2. Subject to section 7, this Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definitions of “child”, “step-son”, “step-daughter”, “widow” and “wife”;

(b) by omitting paragraphs (b) and (ba) of the definition of “dependant” in sub-section (1) and substituting the following paragraph:—

“(b) a child of the mariner; and” and

(c) by inserting after sub-section (1b) the following sub-section:—

“(1c) In this Act, unless the contrary intention appears, ‘child’, ‘step-daughter’, ‘step-son’, ‘widow’ and ‘wife’ have the same respective meanings as in Part III of the Repatriation Act 1920–1973 except that, for the purposes of this sub-section—

(a) a reference in that Part to a member of the Forces shall be read as a reference to an Australian mariner for the purposes of this Act;

(b) ‘widow’ does not include a separated widow; and

(c) ‘wife’ does not include a separated wife.”.

Rates of pension on death or total incapacity.

4. Section 18 of the Principal Act is amended by omitting from subsection (4a) the words “Sixty-eight dollars” and substituting the words “Seventy-three dollars ten cents”.

Regulations.

5. Section 59 of the Principal Act is amended by omitting from paragraph (g) of sub-section (1) the words “under the age of twenty-one years”.

First Schedule.

6. The First Schedule to the Principal Act is repealed and the following Schedule substituted:—

FIRST SCHEDULE Section 18

 

General Pension Rates—Death or Total Incapacity.

Column 1								Column 2	Column 3	Column 4
Rate of pay per day of the Australian mariner in the currency provided for by the Coinage Act 1909 or that Act as amended								Rate of pension payable per fortnight to widow on death of Australian mariner	Aggregate of rates of pensions payable per fortnight to dependants other than widow and children on death of Australian mariner	Rate of pension payable per fortnight to Australian mariner on total incapacity
£	s.	d.	£	s.	d.	$	$	$
Not exceeding	1	2	6	43.00	14.00	32.00
Exceeding	1	2	6	but not exceeding	1	7	6	43.00	14.00	32.00
Exceeding	1	7	6	but not exceeding	1	15	0	43.00	14.90	32.00
Exceeding	1	15	0	but not exceeding	2	2	6	43.00	16.10	32.00
Exceeding	2	2	6	but not exceeding	2	10	0	43.00	17.30	32.00
Exceeding	2	10	0	..	..	..	..	43.10	17.60	32.00

 

Application of certain amendments.

7. The amendments made by sections 4 and 6—

(a) shall be deemed to have come into operation on the seventh day of December, 1972; and

(b) apply in relation to an instalment of a pension falling due on that date and to all subsequent instalments.