Repatriation Act 1956

Legislation au C1956A00068 Not in force Act

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REPATRIATION.

 

No. 68 of 1956.

An Act to amend the Repatriation Act 1920–1955, and for other purposes.

[Assented to 5th October, 1956.]

BE it enacted by the Queen’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 Repatriation Act 1956.

(2.) The Repatriation Act 1920–1955 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920–1956.

Commencement.

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

Powers and duties of Commission.

3. Section eleven of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “by this Act or as are prescribed” and inserting in their stead the words “by or under this Act or any other Act”; and

(b) by inserting in sub-section (2.), after the word “Act”, the words “or any other Act”.


4. After section thirty-nine of the Principal Act the following section is inserted :—

Pensions to spouses to cease upon dissolution of marriage.

“39a. If the marriage of a member of the Forces is dissolved, otherwise than by death, a pension to which the former spouse of the member was entitled as the spouse of the member shall thereupon cease.”.

Pension payable to dependants on death of a member after termination of war service.

5. Section forty-five of the Principal Act is amended by omitting from sub-section (1.) the words “date of his discharge” and inserting in their stead the words “termination of his war service”.

Pensions to dependants of certain deceased members.

6. Section forty-six of the Principal Act is amended by omitting the words “date of his discharge” and inserting in their stead the words “termination of his war service”.

Pension of member afflicted with lunacy.

7. Section forty-nine of the Principal Act is amended—

(a) by omitting from sub-section (6.) the words “such persons referred to in the last-mentioned paragraph” and inserting in their stead the words “such persons, being members of his family or persons who, in the opinion of the Commission, have been dependent on him”; and

(b) by adding at the end thereof the following sub-section:—

“(8.) For the purposes of this section, an ex-nuptial child of a member of the Forces shall be deemed to be a member of his family.”.

Appeals.

8. Section sixty-four of the Principal Act is amended by inserting in sub-section (1.), after the word “ground”, the words “that the member is not suffering from any incapacity or on the ground”.

Assessment Appeal Tribunals.

9. Section sixty-five of the Principal Act is amended by omitting paragraph (a) of sub-section (1.) and inserting in its stead the following paragraph:—

“(a) assessments by the Commission or a Board of the rates of pension payable to members of the Forces under any Division of this Part other than Division 5; and”.

Definitions.

10. Section eighty-three of the Principal Act is amended—

(a) by omitting from paragraph (j) of the definition of “Income” the word “or”; and

(b) by adding at the end of that definition the following paragraphs :—

“(l) an amount payable to a member of the Forces by the Commission as an allowance for expenditure incurred or to be incurred by the member for his transport for the purposes of recreation or as an allowance towards the cost of maintenance and running expenses of a motor vehicle provided by the Commission for the member because of his serious incapacity; or


“(m) an amount payable to a member of the Forces as an allowance by reason of the fact that he has been awarded a decoration;”.

Grant of service pensions.

11. Section eighty-four of the Principal Act is amended by omitting all the words after paragraph (b) and inserting in their stead the words “at a rate per annum not exceeding the maximum rate of pension per annum that would be applicable to him under section twenty-eight of the Social Services Act 1947–1956 if he were qualified to receive an age pension under that Act.”.

Service pension in respect of a member permanently unemployable, &c.

12. Section eighty-five of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “Seventy shillings per fortnight” and inserting in their stead the words “Ninety-one pounds per annum”;

(b) by omitting from sub-section (1.) the words “Twenty-three shillings per fortnight” and inserting in their stead the words “Twenty-nine pounds eighteen shillings per annum”;

(c) by omitting from sub-section (1.) the words “Twenty-eight shillings per fortnight” and inserting in their stead the words “Thirty-six pounds eight shillings per annum”;

(d) by omitting from sub-section (1.) the words “Thirty-three shillings per fortnight” and inserting in their stead the words “Forty-two pounds eighteen shillings per annum”; and

(e) by omitting from sub-section (1.) the words “Thirty-eight shillings per fortnight” and inserting in their stead the words “Forty-nine pounds eight shillings per annum”.

Net capital value of accumulated property.

13. Section ninety of the Principal Act is amended by omitting paragraph (d) of sub-section (1.) and inserting in its stead the following paragraph :—

“(d) if, for any special reason, in any particular case, the Commission so directs, the value of the whole or any part of the property of the applicant or pensioner or of his spouse shall be disregarded; and”.

Deduction from pensions and allowances of certain amounts.

14. Section one hundred and twenty b of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (3.) the words “(not being a date before the commencement of this sub-section), a pension under this Act, or pension under this Act at an increased rate,” and inserting in their stead the words “, a pension under this Act, a pension under this Act at an increased rate or a prescribed sustenance allowance”;


(b) by omitting from paragraph (b) of sub-section (3.) the words “or pension under this Act at the increased rate” and inserting in their stead the words “the pension under this Act at the increased rate or the sustenance allowance”; and

(c) by adding at the end thereof the following sub-section :—

“(4.) The last preceding sub-section does not apply—

(a) where the pension under this Act, or the pension under this Act at an increased rate, referred to in paragraph (a) of that sub-section became payable on a date before the date of commencement of that sub-section; or

(b) where the prescribed sustenance allowance referred to in paragraph (a) of that sub-section became payable on a date before the date of commencement of this sub-section.”.

Regulations.

15.—(1.) Section one hundred and twenty-four of the Principal Act is amended—

(a) by omitting from paragraph (f) the word “section” and inserting in its stead the word “sub-section”; and

(b) by adding at the end thereof the following sub-section :—

“(2.) The regulations may make provision for or in relation to—

(a) the payment of any pension or allowance to a person on behalf of, or as trustee of, the person to whom the pension or allowance is payable under this Act where the Commission or a delegate of the Commission is satisfied that, having regard to the age, infirmity, ill-health or improvidence of the person to whom the pension or allowance is payable under this Act, it is expedient that payment of the pension or allowance should be so made, or where the person to whom the pension or allowance is payable under this Act consents to payment of the pension or allowance being so made; and

(b) the disbursement or accumulation of a pension or allowance so paid for the benefit of the person to whom it is payable under this Act or of members of the family of that person or of persons dependent on him.”.


(2.) Regulation nine of the Repatriation Regulations shall be deemed to have been valid and effectual at all times before the commencement of this Act and shall continue to apply to and in relation to every trust continued in existence by the next succeeding sub-section.

(3.) Every trust which, by reason of the operation of the last preceding sub-section, is deemed to have been subsisting immediately before the commencement of this Act shall continue in existence until the commencement of regulations made by virtue of sub-section (2.) of section one hundred and twenty-four of the Principal Act, as amended by this section.

(4.) Regulations made by virtue of sub-section (2.) of section one hundred and twenty-four of the Principal Act, as amended by this section, may provide for the further continuation of trusts to which the last preceding sub-section applies, and any trust so continued shall be deemed to have been validly created under those regulations.

Third Schedule.

16. The Third Schedule to the Principal Act is amended—

(a) by omitting from Table A the words “a rate not exceeding the total of the rate specified in Column 2 of the scale in the First Schedule and the maximum rate per fortnight of an age or invalid pension under the Social Services Act 1947–1955” (first occurring) and inserting in their stead the words “such rate, not exceeding the total of the rate specified in Column 2 of the scale in the First Schedule and the rate per fortnight of an age or invalid pension payable at the rate per annum specified in sub-section (1a.) of section 28 of the Social Services Act 1947–1956, as is assessed”;

(b) by omitting from Table A the words “a rate not exceeding the total of the rate specified in Column 2 of the scale in the First Schedule and the maximum rate per fortnight of an age or invalid pension under the Social Services Act 1947–1955” (second occurring) and inserting in their stead the words “such rate, not exceeding the total of the rate specified in Column 2 of the scale in the First Schedule and the rate per fortnight of an age or invalid pension payable at the rate per annum specified in sub-section (1a.) of section 28 of the Social Services Act 1947–1956, as is assessed”; and

(c) by omitting from Table A the words—

“the rate payable to that parent under paragraph (b) of this item plus—

(i) where another parent of a prescribed class is included—the maximum rate per fortnight of an age or invalid pension under the Social Services Act 1947–1955; or”


and inserting in their stead the words—

“the maximum rate that may be assessed under paragraph (b) of this item in respect of a parent to whom that paragraph applies plus—

(i) where another parent of a prescribed class is included—the rate per fortnight of an age or invalid pension payable at the rate per annum specified in sub-section (1a.) of section 28 of the Social Services Act 1947–1956 plus £2 per fortnight; or”.

Application of amendments.

17. The amendments effected by this Act, in so far as they affect instalments of pensions, apply in relation to an instalment of pension falling due on the first pension pay day after the date on which this Act receives the Royal Assent and to all subsequent instalments.

 

Overview

The Repatriation Act 1956, enacted by the Parliament of Australia, is an amendment to the Repatriation Act 1920-1955. The legislation was introduced to address and update provisions related to pensions and benefits for service members and their families, ensuring that the support mechanisms were reflective of contemporary needs and circumstances. It broadens the scope of the powers and duties of the Repatriation Commission, modifies pension eligibility and payment criteria, and introduces provisions for the cessation of pensions upon the dissolution of a marriage, among other amendments. The Act also seeks to align the rates of pensions more closely with those provided under the Social Services Act 1947-1956, and it addresses issues such as the definition of income for pension assessment purposes and the continuation of trusts for pension payments.

Scope and Application

The Repatriation Act 1956 amends the Repatriation Act 1920–1955, which together is referred to as the Repatriation Act 1920–1956. This legislation applies to members of the Australian Defence Force and their dependants, including spouses, children, and other family members. The Act extends to the whole of Australia, and its provisions are applicable to both Commonwealth and state jurisdictions. The Act outlines various pensions and benefits for service members, their families, and dependants, including changes to pension eligibility and rates. Notably, pensions to former spouses cease upon the dissolution of the marriage, except in cases of death. Additionally, the Act revises pension amounts for various categories of members, such as those afflicted with lunacy or permanently unemployable. The Act also allows for the payment of pensions or allowances to be made on behalf of or as trustee for the beneficiary under certain conditions, such as the beneficiary's age, infirmity, or improvidence. The Act's provisions are extensive, and subordinate instruments may further extend or restrict its application, ensuring the legislation remains relevant and effective over time.

Key Provisions

The Repatriation Act 1956 (the "Act") introduces several significant amendments to the Repatriation Act 1920–1955 (the "Principal Act"). The Act modifies various provisions related to the powers and duties of the Commission, pensions for members of the forces and their dependants, and the assessment and payment of pensions and allowances. Section 3 of the Act amends section eleven of the Principal Act to clarify the powers and duties of the Commission, allowing it to exercise powers under any Act, not just the Principal Act. Section 4 introduces a new section 39a, which provides that if the marriage of a member of the forces is dissolved, the pension payable to the former spouse shall cease. Section 5 and 6 amend section forty-five and forty-six of the Principal Act, respectively, by replacing "date of his discharge" with "termination of his war service" in relation to pensions payable to dependants on the death of a member after the termination of war service. Section 7 amends section forty-nine of the Principal Act, clarifying the definition of "dependents" and deeming ex-nuptial children of a member of the forces as members of his family for the purposes of the Act. The Act also imposes certain obligations on the parties or entities it governs. For instance, section 39a requires the Commission to cease pension payments to former spouses upon the dissolution of a marriage, except in cases where the dissolution is due to death. Similarly, sections 5 and 6 require the Commission to adjust the criteria for pension eligibility based on the termination of war service rather than the date of discharge. Section 7 imposes an obligation on the Commission to include ex-nuptial children as dependents for the purposes of pension eligibility. Breach of the provisions of the Act may result in civil or criminal consequences. However, the Act does not explicitly state any offences, penalties, or specific consequences for non-compliance. The penalties for breaches of the Act would likely be determined by other relevant legislation or common law principles, depending on the nature and severity of the breach. It is important to note that the Act's focus is primarily on clarifying and updating the provisions of the Principal Act, rather than introducing new penalties or enforcement mechanisms.

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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.