Seamen's War Pensions and Allowances Act (No. 2) 1973 (Cth)

Seamen’s War Pensions and Allowances Act (No. 2) 1973

No. 106 of 1973

AN ACT

 

To amend the Law relating to Seamen’s War Pensions and Allowances.

[Assented to 26 September 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 (No. 2) 1973.

(2) The Seamen’s War Pensions and Allowances Act 1940-1972, as amended by the Seamen’s War Pensions and Allowances Act 1973, is in this Act referred to as the Principal Act.

(3) Section 1 of the Seamen’s War Pensions and Allowances Act 1973 is amended by omitting sub-section (3).

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

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

 

3. After section 8 of the Principal Act the following sections are inserted:—

Form of determination.

“8a. (1) The regulations may provide that this section is to apply in relation to the authority or authorities specified in either of the following paragraphs:—

(a) the Seamen’s Pensions and Allowances Committees;

(b) the Repatriation Commission.

“(2) Where an authority in relation to which this section applies makes in proceedings before it a determination that relates, in whole or in part, to a prescribed matter, the authority shall cause to be prepared a written record of the determination, containing a statement of the reasons for the determination, so far as it relates to the prescribed matter, including any findings of fact in relation to the prescribed matter.

“(3) An authority that makes a determination referred to in subsection (2)—

(a) shall file the determination with the records of the case; and

(b) shall furnish a copy of the determination to the claimant or to a person authorized by the claimant.

“(4) In this section—

‘claimant’ includes an appellant and a person to whom a pension or allowance is payable by virtue of a grant under review by the Commission under section 55.

‘determination’ includes a decision and an assessment;

‘prescribed matter’ means a matter referred to in section 5 that is declared by the regulations to be a prescribed matter for the purposes of this section;

‘proceedings’ means proceedings in relation to a claim or appeal under this Act or a review under section 55.

No action for making statements in proceedings, &c.

“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 55; or

(b) the furnishing under sub-section (3) of section 8a of a document.”.

Rates of pension on death or total incapacity.

4. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (2) all the words from and including the words “in column 2” and substituting the words “in column 1 of Schedule 1.”;

(b) by omitting from sub-section (3) all the words from and including the words “in column 3” and substituting the words “in column 2 of Schedule 1.”;

 

(c) by omitting from sub-section (4) all the words from and including the words “in column 4” and substituting the words “in column 3 of Schedule 1.”;

(d) by omitting from sub-section (4a) all the words from and including the words “in relation to him” and substituting the words “in column 3 of Schedule 1 shall, in its application in relation to him, be deemed to be Seventy-seven dollars sixty cents.”;

(e) by omitting from paragraph (a) of sub-section (7) the words “Fourteen dollars seventy cents” and substituting the words “Eighteen dollars fifty cents”; and

(f) by omitting from sub-section (8) the words “Twenty-nine dollars forty cents” and substituting the words “Thirty-seven dollars”.

Allowance to compensate for serious incapacity.

5. Section. 22b of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) the words “in relation to him in column 4 of the First Schedule.” and substituting the words “in column 3 of Schedule 1.”;

(b) by omitting from sub-section (2) the words “in relation to him in column 4 of the First Schedule” (wherever occurring) and substituting the words “in column 3 of Schedule 1”;

(c) by omitting from sub-section (2) the words “Twelve dollars” (wherever occurring) and substituting the words “Six dollars”; and

(d) by omitting from sub-section (3) the words “of this section” (last occurring).

Rates of pension in respect of partial incapacity.

6. Section 23 of the Principal Act is amended by omitting from subsection (1) the words “the rates specified in the First Schedule” and substituting the words “the rate specified in Schedule 1”.

Persons entitled to payments under other laws.

7. Section 53a of the Principal Act is amended—

(a) by omitting paragraph (a) and substituting the following paragraph:—

“(a) under any other law, from the public funds of Australia or of a State or Territory; or”; and

(b) by omitting from paragraph (b) the words “the Commonwealth” and substituting the word “Australia”.

8. After section 58 of the Principal Act the following section is inserted:—

Interpretation.

“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.”.

 

Regulations.

9. Section 59 of the Principal Act is amended by omitting from paragraph (e) of sub-section (1) all the words from and including the words “the appropriate rate” and substituting the words “the rate specified in column 3 of Schedule 1;”.

Schedules 1 and 2.

10.The First Schedule and the Second Schedule to the Principal Act are repealed and the following Schedules substituted:—

SCHEDULE 1 Section 18

GENERAL PENSION RATES—DEATH OR TOTAL INCAPACITY

Column 1	Column 2	Column 3
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
$	$	$
46.00	17.60	38.00

SCHEDULE 2 Section 21

ALLOWANCE FOR ATTENDANT

Column 1	Column 2
Description of disability	Allowance for attendant
$
Blind or with eyesight so defective as to have no useful sight	26
An injury affecting the cerebro-spinal system or causing incapacity similar in effect and severity	26
Loss of two arms	44
Loss of two legs and one arm	26
Loss of one leg at the hip and of the other either at the hip or in the upper third.......	26

Formal amendments.

11. The Principal Act is amended as set out in the Schedule.

Application of certain amendments.

12. 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 11

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter, to identify a section of that Act or of another Act, and substituting that number expressed in figures:—

Sections 3(1) (definition of “pension”), 17a(1), 19, 20(1), 22b(1), 24, 28a, 29(1) and 59(1)(e).

2. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “of this section” and “of this sub-section” (wherever occurring):—

Sections 3(1) (definition of “pension”), 16(1) and (3), 17a(1) and (3), 18a(3), 19, 20(l), 22b(1), 23(1) and (4), 24, 28a, 29(1) and 59(1)(e), (2) and (4).

3. The Principal Act is further amended as set out in the following table:—

Provision	Amendment
Section 2	Repeal.
Section 3(1) (definition of “Australian mariner”)	Omit from paragraph (a) “of the Commonwealth”.
Section 3(1) (definition of “Schedule”)	Omit.
Section 4(1)	Omit “of the Commonwealth”.
Section 9(2)	Omit “Social Services Consolidation Act 1947-1950”, substitute “Social Services Act 1947-1973”.
Section 17a(1)(a)	Omit “the Second Schedule”, substitute “Schedule 2”.
Section 17a(1)(b)	Omit “the Fifth Schedule”, substitute “Schedule 5”.
Section 21(1)	Omit “the Second Schedule”, substitute “Schedule 2”.
Section 22(1)	Omit “the Third Schedule”, substitute “Schedule 3”.
Section 22a	(a) Omit “the First Schedule”, substitute “Schedule 1”. (b) Omit “the Second Schedule”, substitute “Schedule 2”. (c) Omit “the Fifth Schedule”, substitute “Schedule 5”.
Section 23(1)	Omit “the Fourth Schedule” (wherever occurring), substitute “Schedule. 4”.
Section 23(2)	Omit “the Fifth Schedule”, substitute “Schedule 5”.
Section 23(3)	Omit “the Fifth Schedule”, substitute “Schedule 5”.
Section 23(4)(b)	Omit “the Fifth Schedule”, substitute “Schedule 5”.
Section 49(1)	Omit “insolvency”, substitute “bankruptcy”.
Section 55a(2)	Omit “of this sub-section” (last occurring).
Section 57(1)	Omit “of the Commonwealth” (wherever occurring).
Section 59(1)(e)	Omit “the Fifth Schedule”, substitute “Schedule 5”.
The Schedules	(a) Omit “THE SCHEDULES.”. (b) Omit “THIRD SCHEDULE.”, substitute “SCHEDULE 3”. (c) Omit “FOURTH SCHEDULE.”, substitute “SCHEDULE 4”. (d) Omit “FIFTH SCHEDULE.”, substitute “SCHEDULE 5”.