Repatriation (Far East Strategic Reserve) Act 1964

Legislation au C1964A00107 Not in force Act

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REPATRIATION (FAR EAST STRATEGIC RESERVE).

 

No. 107 of 1964.

An Act to amend the Repatriation (Far East Strategic Reserve) Act 1956-1962.

[Assented to 20th November, 1964.]

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 (Far East Strategic Reserve) Act 1964.

(2.) The Repatriation (Far East Strategic Reserve) Act 1956—1962 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 (Far East Strategic Reserve) Act 1956-1964.

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Section five of this Act shall come into operation on a date to be fixed by Proclamation.

Interpretation.

3. Section three of the Principal Act is amended—

(a) by omitting from sub-section (1.) the definition of “Board” and inserting in its stead the following definitions:—

“‘adopted’, in relation to a child, means adopted in accordance with the law of a State, a Territory of the Commonwealth or another country;


‘Board’ means a Repatriation Board constituted under the Repatriation Act;” and

(b) by inserting in sub-section (1.), after the definition of “port”, the following definition:—

“ ‘step-child’, in relation to a member of the Forces, means a step-child of the member, being—

(a) where the member is or was a male person—a child whose father is dead;

(b) where the member is or was a female person—a child whose mother is dead; or

(c) a child the marriage of whose parents has been dissolved and in respect of whom the Commission is satisfied that he or she—

(i) is in the custody, care and control of, or is being maintained by, the member;

(ii) if the member is dead, was in the custody, care and control of, or was being maintained by, the member at the time of the member’s death; or

(iii) if the member, being a male person, is dead, is in the custody, care and control of, or is being maintained by, the member’s widow,

and ‘step-son’ and ‘step-daughter’ have corresponding meanings;”.

Liability of the Commonwealth to pay pensions to members of the Forces.

4. Section six of the Principal Act is amended by omitting paragraph (a) of sub-section (8.) and inserting in its stead the following paragraph:—

“(a) the law of a country other than the Commonwealth that is or has been a part of the dominions of the Crown; or”.

Regulations.

5. Section thirteen of the Principal Act is amended—

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

“(1a.) Subject to sub-section (1c.) of this section, where medical treatment is provided to a person under the regulations—

(a) in circumstances in which the regulations provide for payment in accordance with this sub-section; or


(b) in any case in which, before the treatment is provided, the Commission, for special reasons, determines that payment should be made in accordance with this subsection and notifies the person accordingly,

the person is liable to pay to the Commonwealth, as a debt due to the Commonwealth, such reasonable charges in respect of the treatment as the Commission notifies to him in writing.

“(1b.) Regulations made in pursuance of paragraph (a) of the last preceding sub-section may provide for payment in accordance with that sub-section in any case in which—

(a) a person (whether before, during or after the provision of the treatment) recovers or receives; or

(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies a person that the person is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,

the whole or a part of the cost of the treatment, by way of damages or compensation, from another person.

“(1c.) Sub-section (1a.) of this section does not apply in relation to medical treatment in respect of a condition giving rise to an incapacity in respect of which the Commonwealth—

(a) is liable to pay pension under this Act to the person;

(b) would be so liable if the incapacity were great enough to warrant a pension assessment; or

(c) would be so liable but for sub-section (8.) of section six of this Act.”; and

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

“(3.) In this section, ‘medical treatment’ means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes—

(a) any accommodation, nursing care or transport in relation to such treatment; and

(b) the supply, renewal and repair of artificial replacements and surgical and other aids and appliances.”.


Validation of grants of assistance or benefits.

6. Where assistance or a benefit granted to a person on or after the first day of September, One thousand nine hundred and fifty-seven, and before the eleventh day of May, One thousand nine hundred and sixty-three, is of a kind that could validly have been granted to the person on that last-mentioned date under regulations under the Repatriation (Far East Strategic Reserve) Act 1956-1962 in force on that last-mentioned date, then, for the purpose of validating the grant of the assistance or benefit—

(a) those regulations shall be deemed to have been in force on the date on which the grant was made; and

(b) the grant shall be deemed to have been made in accordance with those regulations.

 

Overview

The Repatriation (Far East Strategic Reserve) Act 1964 was enacted to amend the existing Repatriation (Far East Strategic Reserve) Act 1956-1962, addressing gaps and enhancing provisions related to the repatriation of individuals in the Far East Strategic Reserve. This Act was enacted by the Parliament of Australia, with a policy objective to ensure that the provisions governing the repatriation of members of the Forces are up-to-date and reflective of current needs. The legislation aimed to clarify definitions, regulate the payment of medical treatment costs, and validate certain grants of assistance or benefits made during a specific period. The Act introduces amendments to definitions, such as clarifying the term "Board" and introducing new definitions for "adopted" and "step-child," thereby ensuring that the legal framework accommodates modern family structures. Additionally, it modifies the liability of the Commonwealth in paying pensions to members of the Forces, introduces provisions for the payment of medical treatment costs by beneficiaries, and seeks to validate certain grants of assistance or benefits made between specified dates. These changes collectively aim to refine the administration and delivery of repatriation services to better serve the needs of affected individuals.

Scope and Application

The Repatriation (Far East Strategic Reserve) Act 1964 amends the existing Repatriation (Far East Strategic Reserve) Act 1956-1962 to update and refine its provisions. This Act applies to members of the Australian Defence Force who served in the Far East Strategic Reserve, their families, and any related entities involved in the administration and provision of repatriation benefits. It primarily pertains to the liability of the Commonwealth to pay pensions to these members and their dependants, as well as the provision of medical treatment and other benefits. The Act operates on a national level, with its provisions applying across all states and territories of Australia. The Act includes specific definitions and provisions concerning the payment of medical treatment costs and the validation of certain grants of assistance or benefits made during a specified period. The application of the Act can be extended or restricted through regulations, which may include provisions for the payment of medical treatment costs in cases where the person receiving treatment is entitled to recover or receive the cost from another source. This ensures that the Commonwealth is not unduly burdened by providing medical treatment that can be otherwise recovered from another party.

Key Provisions

The Repatriation (Far East Strategic Reserve) Act 1964 amends the Repatriation (Far East Strategic Reserve) Act 1956-1962, updating certain provisions to ensure continued applicability and effectiveness. The key amendments include revised definitions (section 3) and adjustments to liability for medical treatment payments (section 4). The Act also clarifies the definition of a "step-child" (section 3(1)) and introduces provisions for the payment of reasonable charges for medical treatment provided under the regulations (section 5). The Act comes into operation upon receiving Royal Assent, with specific provisions for section 5 to commence on a date to be fixed by Proclamation (section 2). The obligations imposed by the Act on parties and entities include ensuring that any assistance or benefits granted between 1 September 1957 and 11 May 1963 are validated under the regulations in force on 11 May 1963 (section 6). Furthermore, individuals receiving medical treatment under the regulations must be liable to pay reasonable charges for that treatment, unless the treatment relates to an incapacity for which the Commonwealth is liable to pay a pension (section 5). The Act also requires the Repatriation Commission to notify individuals of their entitlement to recover or receive costs from another party before, during, or after treatment (section 5(1b)). Breaches of the Act may incur civil or criminal consequences, although specific penalties are not detailed within the provided text. The Act, however, outlines provisions for the payment of reasonable charges for medical treatment, with the implication that failure to pay such charges could result in debt to the Commonwealth. The Act also validates past grants of assistance or benefits, ensuring that any irregularities in prior grants are retrospectively aligned with the regulations in force on 11 May 1963.

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Veterans Law
Instrument
Amending Act
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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.