Repatriation Act 1974

Administered by Department of Veterans' Affairs

Legislation au C2004A00062 Not in force Act

Legislation content

REPATRIATION ACT 1974

No. 3 of 1974

An Act to amend the Repatriation Act 1920-1973 so as to provide for Increases in the Rates of certain Pensions payable to certain persons, and for other Repatriation purposes, and to appropriate the Consolidated Revenue Fund for the purpose of certain payments resulting from those amendments.

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 Repatriation Act 1974.

(2) The Repatriation Act 1920-1973 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 1920-1974.

Commencement

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

3. (1) Section 9 of the Principal Act is repealed and the following section substituted:—

Remuneration of Commissioners.

“9. (1) A member of the Commission shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) Subject to the Remuneration Tribunal Act 1973, a member the Commission shall be paid such allowances as are prescribed.".

(3) The amendment made by sub-section (1) does not affect—

(a) the remuneration (including any annual allowance but excluding any other allowance) payable to a member of the Repatriation Commission before his remuneration is determined by the Remuneration Tribunal; or

(b) any allowances (other than annual allowances) payable to such a member before regulations are made for the purposes of subsection 9(2) of the Principal Act as amended by this Act.

Members of Repatriation Boards

4. (1) Section 15 of the Principal Act is amended—

(a) by omitting sub-section (6) and substituting the following sub-section:—

“(6) A member shall be appointed for such a period, not exceeding 2 years, as the Governor-General specifies in the


instrument of appointment, but is eligible for re-appointment.”; and

(b) by omitting sub-section (11) and substituting the following subsections:—

“(11) A member of a Board shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(12) Subject to the Remuneration Tribunal Act 1973, a member of a Board shall be paid such allowances as are prescribed.".

(2) The amendment made by paragraph (1)(a) does not affect the tenure of office of any member holding office immediately before the commencement of this section.

(3) The amendment made by paragraph (1)(b) does not affect—

(a) the remuneration (other than allowances) or fees payable to a member of a Repatriation Board before his remuneration is determined by the Remuneration Tribunal; or

(b) any allowances payable to such a member before regulations are made for the purposes of sub-section 15(12) of the Principal Act as amended by this Act.

5. (1) Section 59 of the Principal Act is repealed and the following section substituted:—

Remuneration of member

“59. (1) A member of an Appeal Tribunal shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) Subject to the Remuneration Tribunal Act 1973, a member of an Appeal Tribunal shall be paid such allowances as are prescribed."

(2) The amendment made by sub-section (1) does not affect—

(a) the remuneration (other than allowances) payable to a member of a War Pensions Entitlement Appeal Tribunal before his remuneration is determined by the Remuneration Tribunal; or

(b) any allowances payable to such a member before regulations are made for the purposes of sub-section 59 (2) of the Principal Act as amended by this Act.

6. (1) Section 66 of the Principal Act is repealed and the following section substituted:—

Remuneration of members of Assessment Appeal Tribunal.

“66. (1) A member of an Assessment Appeal Tribunal shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) Subject to the Remuneration Tribunal Act 1973, a member of an Assessment Appeal Tribunal shall be paid such allowances as are prescribed."


(2) The amendment made by sub-section (1) does not affect—

(a) the remuneration (other than allowances) payable to a member of a War Pensions Assessment Appeal Tribunal before his remuneration is determined by the Remuneration Tribunal; or

(b) any allowances payable to such a member before regulations are made for the purposes of sub-section 66(2) of the Principal Act as amended by this Act.

Interpretation

7. Section 83 of the Principal Act is amended—

(a) by omitting the definition of “Dependent female” from sub-section (1) and substituting the following definition:-

“‘Dependent female’, in relation to a man, means a woman who has lived with the man (in this Division referred to as her husband) as his wife on a permanent and bona fide domestic basis, although not legally married to him, for not less than 3 years immediately preceding the operation of any provision of this Division in relation to that woman or that man;”; and

(b) by inserting in sub-section (1), after the definition of “Income derived from property”, the following definition:—

“‘married person’ means a person in relation to whose income sub-section 87(2) applies;”

Variation of rate of service pension according to means.

8. Section 87 of the Principal Act is amended by omitting from paragraph (b) of sub-section (3) the words “two hundred and eight dollars” and substituting the words “three hundred and twelve dollars”.

Acquisition of property, &c to be notified.

9. Section 96 of the Principal Act is amended—

(a) by omitting from sub-section (1) the word “Except” and substituting the words “Subject to sub-section (6a), except”;

(b) by omitting from sub-section (2) the word “Where” and substituting the words “Subject to sub-section (6a), where”;

(c) by omitting paragraph (a) of sub-section (2) and substituting the following paragraph:—

“(a) is not a married person, or is legally married but is living apart from his spouse; and”;

(d) by omitting from sub-section (3) the word “Where” and substituting the words “Subject to sub-section (6a), where ";

(e) by omitting sub-paragraph (i) of paragraph (a) of sub-section (3) and substituting the following sub-paragraph:—

“(i) is a married person and, if he is legally married, is not living apart from his spouse; and”;

(f) by omitting from sub-section (6) the words “In the event of” and substituting the words “Subject to sub-section (6a), in the event of”; and


(g) by inserting after sub-section (6) the following sub-section:-

“(6a) A service pensioner who—-

(a) is permanently blind or has attained the age of 75 years;

(b) is not in receipt of an allowance by way of supplementary assistance under section 98a;

(c) is not a pensioner for the purposes of the provisions of the National Health Act 1953-1973 relating to the Pensioner Medical Service; and

(d) is not a pensioner the maximum rate of whose pension has been increased by virtue of sub-section 28(1aa) or (1b) of the Social Services Act 1947-1974 in its application by virtue of section 84 of this Act,

is not required to give a notification in the circumstances set out in sub-section (1), (2) or (3) or in the event specified in paragraph (6)(e) or (g).".

On death of married person widower or child to receive certain benefits for 3 months.

10. Section 98b of the Principal Act is amended:—

(a) by omitting from paragraph (a) of sub-section (1) all the words after the words “for the purposes of” and substituting the words “this Division”; and

(b) by omitting from paragraph (b) of sub-section (1) all the words after the words “for the purposes of” and substituting the words “this Division”.

Schedule 1.

11. (1) Schedule 1 to the Principal Act is amended by omitting the table and the heading immediately preceding the table and substituting the following heading and table:—

TABLE OF PENSIONS PAYABLE, SUBJECT TO SCHEDULE 3, TO A WIDOWED MOTHER OR A WIDOW ON DEATH OF A MEMBER OF THE FORCES OR TO A MEMBER UPON HIS TOTAL INCAPACITY

Column 1

Column 2

Column 3

Pension payable to Widowed Mother on Death of Member

Pension payable to Widowed on Death of Member

Pension payable to Member on Total Incapacity

$

$

$

Per fortnight

Per fortnight

Per fortnight

17

52

44

(2) Schedule 1 to the Principal Act is further amended by omitting from paragraph 6 the words “Seventy-seven dollars sixty cents” and substituting the words “Eighty-two dollars ten cents”.


Schedule 2.

12. Schedule 2 to the Principal Act is amended—

(a) by omitting the words-

“RATE FOR SPECIAL PENSIONS—ONE HUNDRED AND ELEVEN DOLLARS TWENTY CENTS PER FORTNIGHT.”

and substituting the words—

“RATE FOR SPECIAL PENSIONS—ONE HUNDRED AND TWENTY DOLLARS TWENTY CENTS PER FORTNIGHT.”;

and

(b) by omitting the words “Third Schedule” and substituting the word and figure “Schedule 3”.

Schedule 5.

13. Schedule 5 to the Principal Act is amended by omitting from column 2 the figures “73.20” (wherever occurring) and substituting the figures “76.20”.

Schedule 6.

14. Schedule 6 to the Principal Act is repealed.

Application of certain amendments.

15. 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 payday, or, if it is not, on the first pension pay-day after that day, and to all subsequent instalments.

Appropriation.

16. (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 30 June 1974.

(2) Sub-section (1) 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 this Act receives the Royal Assent).

_________________________________________________________________________________

Overview

The Repatriation Act 1974 was enacted by the Queen, the Senate, and the House of Representatives of Australia to amend the Repatriation Act 1920-1973. The Act addresses gaps in the existing legislation by increasing the rates of certain pensions payable to eligible persons and appropriating funds from the Consolidated Revenue Fund for payments resulting from the amendments. This Act introduces amendments to the Repatriation Act 1920-1973, including changes to the remuneration of commissioners, members of Repatriation Boards, members of Appeal Tribunals, and members of Assessment Appeal Tribunals, all of which are to be determined by the Remuneration Tribunal. Additionally, it updates the definition of "Dependent female" and modifies the variation of the rate of service pension according to means. The policy objective of the Repatriation Act 1974 is to ensure that the benefits provided to eligible persons are updated and appropriate, thereby improving the support available to those who have served in the armed forces and their dependents.

Scope and Application

The Repatriation Act 1974 amends the Repatriation Act 1920-1973 to modify provisions relating to the remuneration of members of the Repatriation Commission, Repatriation Boards, Appeal Tribunals, and Assessment Appeal Tribunals. These members are now to be paid remuneration determined by the Remuneration Tribunal, with allowances prescribed under the Remuneration Tribunal Act 1973. The Act also modifies the definition of a "dependent female" to mean a woman who has lived with a man as his wife on a permanent and bona fide domestic basis for at least three years prior to the operation of any relevant provision. Additionally, it alters the threshold for varying the rate of service pensions according to the means of the pensioner and specifies conditions under which service pensioners are exempt from certain notification requirements regarding the acquisition of property. The Act applies to individuals and entities involved in the administration and adjudication of pensions and allowances under the Repatriation Act 1920-1974, as well as to those receiving or eligible to receive such pensions and allowances. The amendments to pension rates and allowances apply to instalments of pensions or allowances due on or after the day the Act receives the Royal Assent, and the Consolidated Revenue Fund is appropriated for the expenditure resulting from these amendments.

Key Provisions

The Repatriation Act 1974 (sections 4, 5, 6, 9, and 10) amends the Repatriation Act 1920-1973 by altering provisions related to the remuneration and allowances for members of the Repatriation Commission, Repatriation Boards, Appeal Tribunals, and Assessment Appeal Tribunals. Specifically, it mandates that the remuneration for these roles is to be determined by the Remuneration Tribunal, subject to the Remuneration Tribunal Act 1973, and allows for prescribed allowances. These changes do not affect the current remuneration or allowances of existing members until they are formally reviewed and updated by the Tribunal or through regulation. The Act also imposes obligations on the parties it governs. For instance, members of the Repatriation Boards are appointed for a specified period not exceeding two years and are eligible for reappointment. Furthermore, the definition of “Dependent female” is modified to include women who have lived with a man as his wife on a permanent and bona fide domestic basis for at least three years immediately preceding the relevant provision. Additionally, certain service pensioners are exempted from notification requirements if they meet specific criteria such as being permanently blind, aged 75 years or older, not receiving supplementary assistance, not being eligible for the Pensioner Medical Service, and not having their pension rate increased under particular sections of the Social Services Act. In terms of penalties and consequences, the Act does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, it does appropriate the Consolidated Revenue Fund to cover the expenditure resulting from the amendments, ensuring that financial resources are available to support the changes enacted by this Act. The amendments related to pension instalments apply to instalments due on or after the day the Act receives Royal Assent, ensuring that the financial adjustments are implemented promptly.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Remuneration of Commissioners
Remuneration of members of Assessment Appeal Tribunal

Interactions

Authorises

All Versions

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.