Australian Soldiers' Repatriation Act 1941

Legislation au C1941A00049 Not in force Act

Legislation content

AUSTRALIAN SOLDIERS’ REPATRIATION.

 

No. 49 of 1941.

An Act to amend the Australian Soldiers’ Repatriation Act 1920–1940.

[Assented to 3rd December, 1941.]

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 1941.

(2.) The Australian Soldiers’ Repatriation Act 1920–1940 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 1920–1941.

Commencement.

2. This Act, except sections three, four, five and six, shall come into operation on the day on which it receives the Royal Assent, and sections three, four, five and six of this Act shall come into operation on the eighteenth day of December, One thousand nine hundred and forty-one.


Grant of service pensions.

3. Section forty-five ad of the Principal Act is amended by omitting the word “Forty-two” and inserting in its stead the word “Forty-seven”.

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 “Forty-two” and inserting in its stead the word “Forty-seven” ; and

(b) by omitting from that sub-section the word “Thirty-six” (first occurring) and inserting in its stead the word “Forty-six”.

Reduction of service pension where pensioner has accumulated property. Limit of pension where pensioner in an institution.

5. Section forty-five ah is amended by omitting sub-section (2.).

6. Section forty-five ao of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “institution”, the words “, and is maintained therein at the public expense”;

(b) by omitting from that sub-section the words “fifteen shillings per fortnight” and inserting in their stead the words “the rate of pension payable under the Invalid and Old-age Pensions Act 1908-1941 to a pensioner who is an inmate of a hospital or benevolent asylum”; and

(c) by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—

“(b) where a service pensioner becomes such an inmate— on the twenty-ninth day after the date on which he became such an inmate.”.

7.—(1.) After section fifty-seven of the Principal Act, the following section is inserted:—

Service pensions for South African Veterans.

“57aa. The provisions of this Act in so far as they relate to service pensions shall, in like manner as they extend to or in relation to a member of the Forces, extend to, and in relation to, any person who, during the war in South Africa which commenced on the eleventh day of October, One thousand eight hundred and ninety-nine, was—

(a) a member of any Naval or Military Force or contingent raised in Australia for active service in that war; or

(b) a member of the Naval or Military Forces of any part of the King’s dominions outside Australia, and—

(i) was engaged on active service in South Africa; and

(ii) proves to the satisfaction of the Commission that he was resident in Australia within the period of twelve months immediately prior to being enlisted or appointed for such service.”.

(2.) This section shall be deemed to have come into operation on the first day of November, One thousand nine hundred and forty-one.


Regulations.

8.—(1.) Section sixty of the Principal Act is amended—

(a) by inserting after paragraph (b) the following paragraph:—

“(ba) to the children of deceased or incapacitated Australian soldiers for the purposes of their education or training for any profession, trade or other calling;”;

(b) by omitting from sub-paragraph (vi) of paragraph (d) the word “and”; and

(c) by adding at the end thereof the following paragraphs:—

“(f) by way of medical treatment to persons specified in paragraphs (a) and (b) of section fifty-seven aa of this Act who are suffering from pulmonary tuberculosis; and

(g) by way of funeral expenses in respect of—

(i) members of the Forces within the meaning of sections twenty-two and forty-five at of this Act; and

(ii) persons specified in paragraphs (a) and (b) of section fifty-seven aa of this Act.”.

(2.) This section, except to the extent to which it inserts paragraph (f) in section sixty of the Principal Act, shall be deemed to have come into operation on the first day of July, One thousand nine hundred and forty-one, and, to the extent to which it inserts paragraph (f) in section sixty of the Principal Act, shall be deemed to have come into operation on the first day of November, One thousand nine hundred and forty-one.

Overview

The Australian Soldiers’ Repatriation Act 1941 was enacted to address the needs of Australian soldiers who had served in the war in South Africa and to make amendments to the Australian Soldiers’ Repatriation Act 1920–1940. This Act was passed by the Parliament of Australia and received Royal Assent on 3rd December, 1941. It aimed to extend the provisions of the Australian Soldiers’ Repatriation Act 1920–1940 to include South African war veterans, thereby ensuring that they received appropriate support and benefits. The Act also made changes to the eligibility criteria for service pensions, reduced the age limit for eligibility from forty-two to forty-seven years, and introduced new provisions for the education and medical treatment of the children of deceased or incapacitated Australian soldiers. Additionally, it provided for funeral expenses for members of the Forces and South African war veterans.

Scope and Application

The Australian Soldiers’ Repatriation Act 1941 amends the Australian Soldiers’ Repatriation Act 1920–1940 to update provisions concerning the pensions of Australian soldiers, particularly those who were members of forces during the South African War and those suffering from specific conditions. The Act applies to individuals who served in the war in South Africa, specifically members of Australian naval or military forces or those from the King's dominions who served in South Africa and were residents in Australia prior to their enlistment. It further extends to the children of deceased or incapacitated soldiers, allowing for provisions related to their education or training. The Act also includes provisions for medical treatment and funeral expenses for specified individuals. The Act has a national reach, applying across the Commonwealth of Australia, and certain sections come into operation on specific dates as noted in the legislation. The Act may be further extended or restricted through subordinate instruments, such as regulations, which can provide more detailed implementation guidelines and exceptions.

Key Provisions

The Australian Soldiers' Repatriation Act 1941 amends the Australian Soldiers' Repatriation Act 1920–1940, introducing changes to service pensions and their eligibility criteria. Section 3 of the Act increases the qualifying age for service pensions from forty-two to forty-seven years. Section 4 further extends this change to pensions related to permanent unemployability or pulmonary tuberculosis, altering the age criteria from forty-two to forty-seven in the former case, and from thirty-six to forty-six in the latter. Section 5 removes the provision that reduces service pensions based on accumulated property. Section 6 modifies the pension payments for service pensioners in institutions, aligning the rate with that of the Invalid and Old-age Pensions Act 1908–1941, and adjusts the timeline for pension payments to commence twenty-nine days after the pensioner becomes an inmate. The Act imposes specific obligations on the parties it governs. The amendments in Sections 3, 4, and 6 establish new criteria for eligibility for service pensions, including changes in age requirements and conditions for pensioners in institutions. Section 7 extends the provisions of the Act to South African war veterans who meet certain residency and service criteria. Additionally, Section 8 modifies the purposes for which grants can be made, including education and training for children of deceased or incapacitated soldiers, medical treatment for specified veterans, and funeral expenses for eligible members of the forces. Violations or non-compliance with the provisions of the Act may result in various consequences. While the Act does not explicitly outline specific offences or penalties, breaches of the amended provisions could potentially be subject to general legal consequences under relevant laws. For instance, if the Act's provisions are interpreted as conditions for receiving certain benefits, failure to meet these conditions might lead to the cessation of pension payments. Additionally, any fraudulent claims or misrepresentations in seeking these benefits could lead to criminal charges under Australian law, including fines and imprisonment, depending on the severity of the breach.

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Veterans' Affairs
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Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.