AUSTRALIAN SOLDIERS’ REPATRIATION.
No. 12 of 1937.
An Act to amend sections forty-five ad, forty-five ae, forty-five ag, forty-five an and forty-five ao of the Australian Soldiers’ Repatriation Act 1920–1936.
[Assented to 2nd September, 1937.
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Australian Soldiers’ Repatriation Act 1937.
(2.) The Australian Soldiers’ Repatriation Act 1920–1936 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920–1937.
Commencement.
2.—(1.) Sections three, four, five and seven of this Act shall come into operation on the sixteenth day of September, One thousand nine hundred and thirty-seven.
(2.) Section six of this Act shall be deemed to have come into operation on the tenth day of March, One thousand nine hundred and thirty-seven.
Grant of service pensions.
3. Section forty-five ad of the Principal Act is amended by omitting the word “thirty-eight” and inserting in its stead the word “Forty”.
Service pension in respect of a member permanently unemployable or suffering from pulmonary tuberculosis.
4. Section forty-five ae of the Principal Act is amended—
(a) by omitting from sub-section (1.) the word “Thirty-eight” and inserting in its stead the word “Forty”; and
(b) by omitting from that sub-section the word “Thirty-two” (wherever occurring) and inserting in its stead the word “Thirty-four”.
Limit of service pension and income.
5. Section forty-five ag of the Principal Act is amended by omitting from sub-section (1.) the words “Eighty-one pounds eighteen shillings” and inserting in their stead the words “Eighty-four pounds ten shillings”.
Pension to widow and children of service pensioner.
6. Section forty-five an of the Principal Act is amended by omitting the words “all such pensions” and inserting in their stead the words “her pension”.
Limit of pension where pensioner in a public institution.
7. Section forty-five ao of the Principal Act is amended by omitting from sub-section (1.) the word “twelve” and inserting in its stead the word “Fourteen”.’
Overview
The Australian Soldiers’ Repatriation Act 1937 was enacted to address issues related to the pensions and benefits for Australian soldiers and their families under the Australian Soldiers’ Repatriation Act 1920–1936. This Act was passed by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it amended several sections of the Principal Act to enhance the support provided to soldiers and their dependents. The primary objective of the Act was to adjust the eligibility criteria and amounts of service pensions and related benefits to reflect changes in circumstances and to provide more comprehensive support to those in need. The amendments included increasing age limits for pension eligibility, adjusting income limits, and modifying provisions for widows and children of service pensioners.
Scope and Application
The Australian Soldiers' Repatriation Act 1937 amends specific sections of the Australian Soldiers' Repatriation Act 1920-1936, focusing on the provisions related to service pensions and other benefits for Australian soldiers, particularly those who are permanently unemployable or suffering from specific medical conditions. This legislation applies to individuals who are Australian soldiers or their dependents, specifically targeting those who are entitled to or are in receipt of service pensions under the Principal Act. The geographic reach of this Act is national, operating within the Commonwealth of Australia and governed by federal law. The Act includes specific amendments to the Principal Act, such as changes to the age thresholds for eligibility for service pensions, adjustments to the maximum pension amounts, and modifications to the conditions under which widows and children of service pensioners are entitled to benefits. These changes are designed to ensure that the provisions of the Act remain relevant and equitable in light of changing circumstances and needs. The Act does not explicitly state exclusions or exemptions, but its application is inherently limited to those who meet the criteria set out in the Principal Act and its amendments. The Act may also extend its application through subordinate instruments, although such instruments are not detailed in the provided text.
Key Provisions
The Australian Soldiers’ Repatriation Act 1937 amends several sections of the Australian Soldiers’ Repatriation Act 1920–1936. The Act is primarily concerned with modifying the pension entitlements for soldiers, their families, and survivors. The operative sections include amendments to sections forty-five ad, forty-five ae, forty-five ag, forty-five an, and forty-five ao of the Principal Act. These sections address the age at which a service pension becomes payable, the conditions under which it is paid, and the limits on the amount of pension that can be received, among other things.
Under the Act, the age at which a service pension becomes payable is increased from thirty-eight to forty (section 3). For those who are permanently unemployable or suffering from pulmonary tuberculosis, the age for receiving a service pension is increased from thirty-two to thirty-four (section 4). The limit of service pension and income is also increased from eighty-one pounds eighteen shillings to eighty-four pounds ten shillings (section 5). The pension payable to the widow and children of a service pensioner is specified to be the pension of the deceased service pensioner (section 6). Finally, the limit on the pension payable to a pensioner in a public institution is increased from twelve to fourteen pounds per week (section 7).
The Act imposes certain obligations on the parties it governs. For example, the Commonwealth is obligated to provide service pensions to eligible individuals, taking into account the amended age limits and conditions. The service pensioner, in turn, is required to provide accurate information about their employment status and any changes in their circumstances that may affect their pension entitlement. The widow and children of a service pensioner are entitled to receive a pension based on the deceased pensioner’s pension, subject to certain conditions.
Breaches of the Act may result in civil or criminal consequences, depending on the nature of the breach. For example, providing false information to obtain a pension could result in criminal charges, with potential penalties including fines and imprisonment. Failure to comply with the Act’s requirements may also result in the withholding or reduction of pension payments. The maximum penalties for breaches of the Act are not explicitly stated in the text, but may be found in other relevant legislation or regulations.