Repatriation Act 1970

Legislation au C1970A00004 Not in force Act

Legislation content

Repatriation

No. 4 of 1970

An Act to amend the Repatriation Act 1920–1969 in relation to Service Pensions Payable to certain Married Persons suffering Illness or Infirmity, and to appropriate the Consolidated Revenue Fund for the purpose of certain Payments resulting from the Amendments.

[Assented to 24 March 1970]

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 1970.

(2.) The Repatriation Act 1920–1969 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 1920–1970.


Commencement.

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

Grant of service pensions.

3. Section 84 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(2.) Sub-section (1aaa.) of section twenty-eight of the Social Services Act 1947–1970 does not apply for the purposes of the last preceding sub-section but, if a Board is satisfied that—

(a) the living expenses of a married person and the husband or wife of that person are, or are likely to be, greater than they would otherwise be by reason that those persons are unable, as a result of the illness or infirmity of either or both of them, to live together in a matrimonial home; and

(b) the inability is likely to continue indefinitely,

the Board may determine that the maximum rate per annum of the service pension that may be granted to the first-mentioned person is to be the maximum rate of pension per annum that would be applicable to the person under that section if the person were qualified to receive an age pension under that Act and a direction were in force in relation to the person under sub-section (1aaa.) of that section.

“(3.) Where it appears to a Board that sufficient reason exists for reviewing a determination given under the last preceding sub-section, the Board may review the determination and may affirm it or make a determination annulling it.”.

Supplementary assistance.

4. Section 98a of the Principal Act is amended by inserting after sub-section (4a.) the following sub-section:—

“(4b.) The last preceding sub-section does not apply in relation to a married person if a determination is in force in respect of that person under sub-section (2.) of section eighty-four of this Act.”.

On death of married person, widow, widower or child to receive certain benefits for three months.

5. Section 98b of the Principal Act is amended by inserting after sub-section (7.) the following sub-section:—

“(7a.) Where, immediately before the death of a person referred to in paragraph (a) or paragraph (b) of sub-section (2.) of this section, a determination made under sub-section (2.) of section eighty-four of this Act was in force in relation to the husband or wife of the person, then, for the purposes of this section—

(a) that determination shall be deemed not to have been made; and

(b) if a determination made under sub-section (2.) of section eighty-four of this Act or a direction given under sub-section (1aaa.) of section twenty-eight of the Social Services Act 1947–1970 was in force in relation to the deceased person immediately before the death of the person—that determination or direction shall be deemed not to have been made or given.”.


Application of amendments.

6. The amendments made by this Act apply in relation to instalments of service pensions or allowances falling due on the first pension pay day after the date of commencement of this Act and to all subsequent instalments.

Appropriation.

7.—(1.) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of such expenditure in pursuance of the Principal Act as amended by this Act as results from this Act, being expenditure on or before the thirtieth day of June, One thousand nine hundred and seventy.

(2.) The last preceding sub-section does not prevent the issue and application of moneys, for the purposes referred to in that sub-section, in pursuance of an appropriation made by an Act other than this Act (whether passed before or after the commencement of this Act).

 

Overview

The Repatriation Act 1970 was enacted to address the specific needs of married persons who are unable to live together due to illness or infirmity, ensuring that they receive adequate financial support during such circumstances. This Act amends the Repatriation Act 1920–1969 by introducing provisions that allow for an increased service pension to be granted to the affected married person under certain conditions, recognising the additional living expenses that may arise from their situation. The policy objective of the Act is to provide supplementary financial assistance to married persons who are unable to cohabit due to health reasons, thereby alleviating some of the financial burdens they face. Enacted by the Australian Parliament, the Act aims to ensure that the necessary funds are appropriated from the Consolidated Revenue to support these amendments and the resulting payments.

Scope and Application

The Repatriation Act 1970 amends the Repatriation Act 1920–1969 to address service pensions payable to certain married persons suffering from illness or infirmity. This Act applies to individuals who are married and have living expenses that are higher than usual due to their inability to reside together in a matrimonial home because of illness or infirmity. The Board, which is responsible for determining the pension rates, can increase the maximum rate of service pension payable to such individuals if their condition is likely to persist indefinitely. The Act also outlines provisions for supplementary assistance and benefits payable to widows, widowers, or children of deceased persons who were receiving such pensions. The amendments under this Act extend to all subsequent instalments of service pensions and allowances due after its commencement, and it also appropriates funds from the Consolidated Revenue for expenses incurred as a result of the amendments. The Act applies nationally across Australia as it is a Commonwealth Act.

Key Provisions

The Repatriation Act 1970 (referred to as the Act) makes significant amendments to the Repatriation Act 1920–1969 (referred to as the Principal Act). The Act introduces new provisions regarding service pensions for married persons suffering from illness or infirmity, ensuring that their living expenses are adequately considered. Specifically, section 3 of the Act amends section 84 of the Principal Act to allow the Board to increase the maximum rate of the service pension if the married person and their spouse are unable to live together due to illness or infirmity and this inability is expected to continue indefinitely. The maximum pension rate is then set at the same level as an age pension under the Social Services Act 1947–1970, provided the person would qualify for such a pension and a direction under that Act was in force. The Act also imposes certain obligations on the parties involved. Section 4 of the Act amends section 98a of the Principal Act to ensure that supplementary assistance provisions do not apply to married persons if a determination under section 84 is in force for them. Furthermore, section 5 of the Act amends section 98b of the Principal Act to clarify that, upon the death of a married person, widow, widower, or child, certain benefits will be deemed not to apply if a determination under section 84 was in force for the deceased person or their spouse. Breaching the provisions of the Act can lead to various consequences. While the Act itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, it is reasonable to infer that any non-compliance with the amended provisions could result in legal action. Given the nature of the legislation, breaches might be pursued under the broader administrative and legal frameworks provided by related Acts, potentially leading to fines, restitution, or other legal remedies. The penalties for such breaches would depend on the specific circumstances and the relevant provisions of other applicable Acts.

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Social Security Law
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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.