SEAMEN'S
WAR PENSIONS AND
ALLOWANCES
ACT 1974
No. 4 of 1974
An Act
to amend the Seamen's War Pensions and Allowances Act 1940-1973.
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 1974.
(2) The
Seamen’s War Pensions and Allowances Act 1940-1973 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 1940-1974.
Commencement
2. 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 by
omitting from the definition of “pension” in sub-section (1) the words “and
includes an allowance under section 22b”.
Seamen's
Pensions and Allowances Committees.
4. Section 4 of the Principal Act is amended by
omitting from sub-section (2) the words “under such conditions and with such
remuneration” and substituting the words “and under such conditions”.
5. (1)
After section 4 of the Principal Act the following section is inserted:—
Remuneration
of members of Seamen’s Pensions and Allowances Committee.
“4A.
(1) A member of a Pensions Committee shall be paid such remuneration as is
determined by the Remuneration
Tribunal.
“(2)
Subject to the Remuneration Tribunal Act 1973, a member of a Pensions
Committee shall be paid such allowances as are prescribed.”.
(2) The
amendment made by sub-section (1) does not affect the remuneration (other than
allowances) payable to a member of a Seamen's Pensions and Allowances Committee
before his remuneration is determined by the Remuneration Tribunal.
(3)
Regulations in force at the commencement of this section for the purpose of
sub-section 4(2) of the Principal Act, to the extent that they relate to
allowances, continue in force as if made for the purposes of subsection 4a(2) of the Principal Act, as amended by
this Act.
Rates
of pension on total incapacity.
6. Section 18 of the Principal Act is amended by
omitting from section (4A) the words “Seventy-seven dollars sixty cents” and
substituting the words “Eighty-two dollars ten cents”.
Pension
to de facto wife.
7. Section 19 of the Principal Act is amended by
omitting the words “the last preceding section” and substituting the words “section
18”.
Allowance
to compensate for a serious incapacity.
8. Section 22b
of the Principal Act is repealed.
Limit
of payments in certain cases.
9. Section 24 of the Principal Act is amended by
omitting from paragraph (a) the words “and an allowance under section 22b”.
Regulations.
10.Section
59 of the Principal Act is amended by omitting paragraph (e) of sub-section (1)
and substituting the following paragraph:—
“(e) medical,
surgical and hospital benefits for an Australian mariner who is, or but for a
direction under section 53a would
be, in receipt of pension at a rate that, excluding, in the case of a pension
granted under section 22a, any
portion of the pension that is attributable to the application to the
Australian mariner of Schedule 5 to the Repatriation Act 1920-1974, is
not less than the rate specified in column 3 of Schedule 1 to this Act;”.
11.Schedule
1to the Principal Act is
repealed and the following Schedule substituted:—
SCHEDULE 1 Section
18 |
GENERAL
PENSION RATES—DEATH
OR TOTAL INCAPACITY |
Column 1 | Column 2 | Column 3 |
Aggregate of rates of pensions | Rate of pension payable per |
Rate of pension payable per | payable per fortnight to | fortnight to Australian mariner |
fortnight to widow on death of | dependants other than widow | on total incapacity |
Australian mariner | and children on death of |
Australian mariner |
$ | $ | $ |
52.00 | 17.60 | 44.00 |
Additional amendments.
12. The Principal Act is amended as set out in the
Schedule.
Application of certain amendments.
13. In so
far as an amendment made by this Act affects instalments of pensions or
allowances, the amendment applies in relation to an instalment of a pension or
of an allowance falling due on the day on which this Act receives the Royal
Assent, if that day is a pension pay day, or, if it is not, on the first
pension pay day after that day, and to all subsequent instalments.
_________
SCHEDULE Section
12
ADDITIONAL AMENDMENTS
The Principal Act
is amended as set out in the following table:—
Provision | Amendment |
Section 3(1)
(definition of “Australian mariner”) | Omit from
paragraph (b) “the Commonwealth”, substitute “Australia”.
|
Omit from
paragraph (c) “the Commonwealth”, (first occurring), substitute “Australia”.
|
Omit from
paragraph (c) “authority of the Commonwealth”,
|
Substitute, “authority
constituted by or under a law of Australia”.
|
Section 12..................................... | Omit “the Commonwealth”,
substitute “Australia”. |
Section 18a................................... | Omit “the
Commonwealth” (wherever occurring), substitute “Australia”. |
Section 54a(2)............................... | Omit “the
Commonwealth” (wherever occurring), substitute “Australia”. |
Section 55a(l)................................ | Omit “the Commonwealth”
(wherever occurring), substitute “Australia”. |
Section 59(2)................................. | Omit “the
Commonwealth” (wherever occurring), substitute “Australia”. |