Repatriation Act (No. 2) 1970

Legislation au C1970A00060 Not in force Act

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Repatriation (No. 2)

 

No. 60 of 1970

An Act to amend the Repatriation Act 1920-1969, as amended by the Repatriation Act 1970, so as to provide for Increases in the Rates of certain Pensions and Allowances and for additional Repatriation Boards and to appropriate the Consolidated Revenue Fund for the purpose of certain Payments resulting from those amendments.

[Assented to 28 September 1970]

BE it enacted by the Queens 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 (No. 2) 1970.

(2.) The Repatriation Act 1920-1969, as amended by the Repatriation Act 1970, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Repatriation Act 1970 is amended by omitting sub-section (3.).

(4.) 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.

Repatriation Boards.

3. Section 14 of the Principal Act is amended—

(a) by inserting after sub-section (1.) the following sub-section:—

(1a.) Where it appears to the Governor-General that an additional Repatriation Board is required for a particular State, the Governor-General may establish an additional Repatriation Board for that State.; and

(b) by inserting in sub-section (2.), after the words the Board (wherever occurring), the words or Boards.

Members of Repatriation Boards.

4. Section 15 of the Principal Act is amended—

(a) by inserting after sub-section (1.) the following sub-section:—

(1a.) Where a Repatriation Board is established under sub-section (1a.) of the last preceding section, the Governor-General


shall, upon the recommendation of the Commission, appoint three persons to be the members of that Board.;

(b) by omitting from sub-section (2.) the words each State and inserting in their stead the words a Board; and

(c) by omitting from sub-section (2.) the words the Board for the State in respect of which the list is submitted and inserting in their stead the words that Board.

First Schedule.

5.—(1.) The First Schedule to the Principal Act is amended by omitting the scale and inserting in its stead the following scale:—

Column 1

Column 2

Column 3

Column 4

Rank or Rating of the Member

Pension payable to Widowed Mother on Death of Member

Pension payable to Widow on Death of Member

Pension payable to Member on Total Incapacity

 

$

$

$

Per

Per

Per

fortnight

fortnight

fortnight

All ranks and ratings below Leading Seaman, Corporal and relative ranks and ratings 

9.00

31.00

24.00

Leading Seam an, Corporal and relative ranks and ratings...

10.00

31.00

24.00

Petty Officer, Sergeant and relative ranks and ratings......

10.30

31.00

24.00

Chief Petty Officer, Staff Sergeant, Flight Sergeant and relative ranks and ratings 

10.55

31.00

24.00

Warrant Officer and relative ranks..................

11.35

31.00

24.00

All commissioned ranks below Lieutenant (Navy), Captain (Army), Flight Lieutenant (Air Force) and relative ranks             

11.80

31.00

24.00

Lieutenant (Navy), Captain (Army), Flight Lieutenant (Air Force) and relative ranks 

12.80

31.00

24.45

Lieutenant-Commander, Major, Squadron Leader and relative ranks 

13.90

31.90

25.45

Commander, Lieutenant-Colonel, Wing Commander and relative ranks 

15.10

33.10

26.45

Captain (Navy), Colonel, Group Captain and relative ranks

16.30

34.30

27.35

All ranks higher than Captain (Navy), Colonel, Group Captain and relative ranks 

16.60

34.60

27.60

(2.) The First Schedule to the Principal Act is amended by omitting from paragraph 6 the words Fifty-three dollars and inserting in their stead the words Fifty-six dollars.

Second Schedule.

6. The Second Schedule to the Principal Act is amended by omitting the words—

Rate for Special Pensions—Seventy-Two Dollars Per Fortnight.

and inserting in their stead the words—

Rate for Special Pensions—Seventy-Six Dollars Per Fortnight..

Third Schedule.

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

(a) by omitting from Table A the figures $20.30 (wherever occurring) and inserting in their stead the figures $24.00;


(b) by omitting from Table A the figures $10.80 and inserting in their stead the figures $12.00; and

(c) by omitting from Table A the figures $8.50 and inserting in their stead the figures $10.00.

Fifth Schedule.

8. The Fifth Schedule to the Principal Act is amended by omitting the table in paragraph 1 and inserting in its stead the following table:—

Column 1

Column 2

Column 3

Description of Disability

Amount

Allowance

 

$

$

Per

Per

fortnight

fortnight

Two arms amputated..............................

52.00

28.00

Two legs and one arm amputated......................

52.00

17.00

Two legs amputated above the knee....................

52.00

17.00

Two legs amputated and loss of eye.....................

52.00

..

One leg and one arm amputated and one eye destroyed........

52.00

..

One leg and one arm amputated.......................

52.00

..

One leg amputated above, and one leg amputated below, the knee.

14.20

..

Two legs amputated below the knee....................

9.50

..

One arm amputated and one eye destroyed................

8.40

..

One leg amputated and one eye destroyed.................

8.40

..

One leg amputated above the knee.....................

4.30

..

One leg amputated below the knee.....................

2.70

..

One arm amputated above the elbow....................

4.30

..

One arm amputated below the elbow....................

2.70

..

Loss of vision in one eye............................

3.60

..

Sixth Schedule.

9. The Sixth Schedule to the Principal Act is amended by omitting from paragraph 2 the words Ten dollars (wherever occurring) and inserting in their stead the words Twelve dollars.

Application of amendments.

10. 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 first pension pay day after the date of commencement of this Act and to all subsequent instalments.

Appropriation.

11.—(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-one.

(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 (No. 2) 1970 was enacted to address the need for increases in the rates of certain pensions and allowances, as well as the establishment of additional Repatriation Boards, within the framework of the Repatriation Act 1920-1969. This legislation, passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aims to amend the Principal Act to better support the needs of service members and their families. The policy objective is to ensure that the benefits provided under the Repatriation Act are kept current with the economic conditions of the time, thereby maintaining the welfare of those who have served the nation. The Act also facilitates the establishment of additional Repatriation Boards where necessary, to efficiently manage and adjudicate the claims of service members and their dependants.

Scope and Application

The Repatriation Act (No. 2) 1970 amends the Repatriation Act 1920-1969 to provide for increases in the rates of certain pensions and allowances for individuals who are recipients of benefits under the Repatriation Act. This Act applies to individuals who are eligible for pensions or allowances under the Repatriation Act, which includes members of the Australian Defence Force, their widows, and other dependents. The Act also applies to the Repatriation Boards that are responsible for administering the pensions and allowances. The Act applies to the whole of Australia, as it is a Commonwealth Act. The Act does not specify any exclusions or exemptions, and it does not extend or restrict application through subordinate instruments. The amendments made by this Act apply to instalments of pensions or allowances falling due on the first pension pay day after the date of commencement of this Act and to all subsequent instalments.

Key Provisions

The Repatriation Act (No. 2) 1970 amends the Repatriation Act 1920-1969 to increase the rates of certain pensions and allowances, establish additional Repatriation Boards, and appropriate funds for payments resulting from these amendments. Specifically, Section 3 allows the Governor-General to establish additional Repatriation Boards if deemed necessary for a particular State, while Section 4 outlines the process for appointing members to these Boards. The Act also revises the First Schedule (Section 5), increasing pension amounts for various ranks and ratings and adjusting the Special Pensions rate from fifty-three dollars to fifty-six dollars per fortnight (Section 6). Furthermore, the Second Schedule and Third Schedule are amended to increase the rates for certain disabilities and other allowances (Sections 7 and 8). The Act imposes specific obligations on the Governor-General and the relevant authorities to ensure that the new provisions are implemented effectively. The Governor-General has the authority to establish additional Repatriation Boards as needed and to appoint members to these Boards upon the recommendation of the Commission. These authorities must adhere to the provisions outlined in Sections 3 and 4 of the Act. The relevant authorities, including the Repatriation Department, must also ensure that the new pension and allowance rates are applied to all future instalments of pensions and allowances, as stipulated in Section 10. Violations of the provisions in this Act may lead to civil or criminal consequences, although the Act itself does not explicitly detail these penalties. Generally, non-compliance with legislative requirements can result in administrative penalties, fines, or legal action, depending on the severity and nature of the breach. The maximum penalties would be determined in accordance with other relevant legislation and judicial precedents.

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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.