Repatriation Act (No. 2) 1971

Legislation au C1971A00068 Not in force Act

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Repatriation (No. 2)

No. 68 of 1971

An Act to amend the Repatriation Act 1920–1970, as amended by the Repatriation Act 1971, so as to provide for Increases in the Rates of certain Pensions and Allowances payable to certain persons, and for purposes connected therewith, and to appropriate the Consolidated Revenue Fund for the purpose of certain payments resulting from those amendments.

[Assented to 29 September 1971]

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) 1971.

(2.) The Repatriation Act 1920–1970, as amended by the Repatriation Act 1971, is in this Act referred to as the Principal Act.


(3.) Section 1 of the Repatriation Act 1971 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920–1971.

Commencement.

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

Pension in respect of member permanently unemployable, &c.

3. Section 85 of the Principal Act is amended by omitting from subsection (1.) the words Three hundred and sixty-four dollars and the words One hundred and thirty dollars and inserting in their stead the words Four hundred and sixteen dollars and the words Two hundred and thirty-four dollars, respectively.

First Schedule.

4.—(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 fortnight

$

per fortnight

$

per fortnight

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

9.00

34.50

24.00

Leading Seaman, Corporal and relative ranks and ratings..

10.00

34.50

24.00

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

10.30

34.50

24.00

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

10.55

34.50

24.00

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

11.35

34.50

24.00

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

11.80

34.50

24.00

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

12.80

34.50

24.45

Lieutenant-Commander, Major, Squadron Leader and relative ranks 

13.90

35.40

25.45

Commander, Lieutenant-Colonel, Wing Commander and relative ranks 

15.10

36.60

26.45

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

16.30

37.80

27.35

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

16.60

38.10

27.60

(2.) The First Schedule to the Principal Act is amended by omitting from paragraph 6 the words “Fifty-seven dollars” and inserting in their stead the words “Sixty dollars fifty cents”.

Second Schedule.

5. The Second Schedule to the Principal Act is amended—

(a) by omitting the words—

“Rate for Special Pensions—Seventy-eight Dollars per Fortnight”

and inserting in their stead the words—

“Rate for Special Pensions—Eighty-five Dollars per Fortnight”;


(b) by omitting the words Seventeen dollars and inserting in their stead the words Nineteen dollars; and

(c) by omitting the words Twenty-eight dollars and inserting in their stead the words Thirty-two dollars.

Third Schedule.

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

(a) by omitting from table A the figures $24.00 (wherever occurring) and inserting in their stead the figures $28.00; and

(b) by omitting the words and figures—

(c) in any other case—

 

First child...................................

$12.00 per fortnight

Second and each subsequent child...................

$10.00 per fortnight

and inserting in their stead the words and figures—

(c) in any other case...............................

$14.00 per fortnight.

Fifth Schedule.

7. 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 fortnight

per fortnight

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

61.00

32.00

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

61.00

19.00

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

61.00

19.00

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

61.00

..

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

61.00

..

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

61.00

..

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

22.40

..

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

15.00

..

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

13.00

..

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

13.00

..

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

6.50

..

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

3.40

..

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

6.50

..

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

3.40

..

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

5.00

..

Application of amendments.

8. In so far as an amendment made by this Act affects instalments of pensions or of 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.

9.—(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-two.

(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) 1971 was enacted to amend the Repatriation Act 1920–1970, as amended by the Repatriation Act 1971, to address the need for increased rates of certain pensions and allowances payable to certain persons. Enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aimed to provide for such increases and to appropriate the Consolidated Revenue Fund for the purpose of certain payments resulting from these amendments. The policy objective was to ensure that the financial support provided to eligible individuals, particularly those who have served in the military, would be adjusted to better reflect the prevailing economic conditions and to maintain the purchasing power of these benefits.

Scope and Application

The Repatriation Act (No. 2) 1971 amends the Repatriation Act 1920–1970 to adjust the rates of certain pensions and allowances payable to specific individuals, primarily focusing on members of the Australian Defence Force and their families. This Act applies to those who have served in the Defence Force and their dependents, including widows and children of deceased members. The Act has a national reach, being a Commonwealth Act, and therefore applies across all states and territories of Australia. It includes provisions for the adjustment of pension rates for total incapacity, death of a member, and special pensions, among others, as outlined in the First, Second, and Fifth Schedules of the Principal Act. The amendments apply to instalments of pensions or allowances that fall due after the Act's commencement, ensuring that the new rates are effective from the first pension pay day following the Act's enactment. The Act also appropriates funds from the Consolidated Revenue Fund to cover the necessary expenditure resulting from these amendments up until 30 June 1972.

Key Provisions

The Repatriation Act (No. 2) 1971 (referred to as the Act) amends the Repatriation Act 1920–1970 (referred to as the Principal Act) to adjust the rates of certain pensions and allowances payable to eligible individuals, and to appropriate funds for related payments (s. 1). The Act comes into effect on the day it receives Royal Assent (s. 2). Specifically, the Act modifies the pension rates for members who are permanently unemployable, increasing the amounts from $364 to $416 and from $130 to $234 (s. 3). The First Schedule to the Principal Act is amended to update the pension scales for various ranks and ratings, with rates now ranging from $9.00 to $16.60 per fortnight, depending on the rank or rating of the member (s. 4). Additionally, the Act adjusts the rates for Special Pensions, child allowances, and disability allowances in the Second, Third, and Fifth Schedules, respectively (ss. 5-7). The Act imposes obligations on the relevant authorities to ensure that the updated pension and allowance rates are correctly applied and disbursed to eligible individuals. It requires that the amendments to the pension and allowance rates apply from the first pension pay day following the Act's commencement, and to all subsequent payments (s. 8). The Act also mandates that the Consolidated Revenue Fund be appropriated to cover the costs associated with the amendments, up to the thirtieth day of June, 1972 (s. 9). Violation of the provisions of the Act may result in legal consequences, including fines and imprisonment. The specific penalties are not detailed within the Act itself but would typically be found in related legislation or court decisions. The maximum penalties would depend on the nature and severity of the breach, as well as any relevant statutory provisions or common law principles.

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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.