Repatriation (Far East Strategic Reserve) Act 1973
No. 4 of 1973
AN ACT
To amend the Repatriation (Far East Strategic Reserve) Act 1956–1972 to make provision with respect to Benefits for certain Dependants.
[Assented to 16 March 1973]
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 (Far East Strategic Reserve) Act 1973.
(2) The Repatriation (Far East Strategic Reserve) Act 1956–1972 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 1956–1973.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation.
3. Section 3 of the Principal Act is amended—
(a) by omitting from sub-section (1) the definitions of “child”, “member of the family”, “parents”, “step-child”, “stepson” and “step-daughter”;
(b) by omitting from the definition of “pension” in sub-section (1) the words “Second and Fifth”; and
(c) by omitting sub-section (4) and substituting the following subsection:—
“(4) In this Act, unless the contrary intention appears, ‘child’, ‘member of the family’, ‘parents’, ‘step-daughter’, ‘step-son’, ‘widow’ and ‘wife’ have the same respective meanings as in Part III of the Repatriation Act except that, for the purposes of this sub-section, a reference in that Part to a member of the Forces shall be read as a reference to a member of the Forces for the purposes of this Act.”.
Extension of certain provisions of Repatriation Act.
4. Section 7 of the Principal Act is amended—
(a) by omitting sub-paragraphs (iii) and (iiia) of paragraph (b) of sub-section (2) and substituting the following sub-paragraph:—
“(iii) a child of a member of the Forces;”;
(b) by omitting sub-paragraphs (ii) and (iia) of paragraph (c) of subsection (2) and substituting the following sub-paragraph:—
“(ii) a child of a member of tire Forces;”; and
(c) by adding at the end thereof the following sub-section:—
“(3) Section 120c of the Repatriation Act applies in relation to a pension, allowance or other benefit under this Act or the regulations as if it were a pension, allowance or other benefit under that Act.”.
Overview
The Repatriation (Far East Strategic Reserve) Act 1973 was enacted to amend the Repatriation (Far East Strategic Reserve) Act 1956–1972, addressing the need to update provisions concerning benefits for certain dependants. Enacted by the Parliament of Australia, the Act received Royal Assent on 16 March 1973. The legislation seeks to refine the definitions and scope of benefits available to dependants of service members who were part of the Far East Strategic Reserve, ensuring that these benefits align with those provided under the broader Repatriation Act. This amendment was intended to create a more coherent and inclusive legislative framework for the provision of benefits to those who were affected by service in the specified strategic reserve.
Scope and Application
The Repatriation (Far East Strategic Reserve) Act 1973 applies to individuals who are members of the Far East Strategic Reserve forces, their dependants, and the Commonwealth entities responsible for administering benefits under the Act. This Act is a Commonwealth statute, extending its reach across Australia. It specifically amends the Repatriation (Far East Strategic Reserve) Act 1956–1972 by redefining certain terms and extending provisions to include a wider range of dependants, particularly children of members of the forces. The Act also incorporates provisions from the Repatriation Act, ensuring that certain pensions, allowances, and other benefits are regulated in a consistent manner. The scope of the Act is further extended through subordinate instruments that may detail specific regulations and operational procedures, thereby providing a comprehensive framework for the administration of benefits under this Act.
Key Provisions
The Repatriation (Far East Strategic Reserve) Act 1973 amends the existing Repatriation (Far East Strategic Reserve) Act 1956–1972 primarily by modifying definitions and extending certain provisions. Specifically, Section 3 of the Principal Act removes several definitions and adjusts the definition of “pension” by omitting certain words. It also alters the definition of "widow" and other related terms to align with the Repatriation Act. Section 4 of the Act revises the definitions of dependents, now limiting them to children of members of the Forces, thereby narrowing the scope of who qualifies for benefits under the Act. Furthermore, it integrates Section 120c of the Repatriation Act into the current Act, applying it to pensions, allowances, or other benefits granted under this Act or its regulations.
Under this Act, entities and individuals must adhere to the specified definitions and the amended provisions concerning dependents and benefits. The obligations include ensuring that the benefits are granted only to children of members of the Forces, as defined. The Act also mandates compliance with the extended provisions from the Repatriation Act, specifically regarding the application of Section 120c, which likely involves the assessment and calculation of benefits.
Breaches of the provisions outlined in this Act can lead to legal consequences. While the Act does not explicitly detail the penalties for non-compliance, it is reasonable to infer that violations could result in the denial of benefits or other legal actions under the broader Repatriation Act or relevant regulations. The penalties for such breaches would typically align with those stipulated in the Repatriation Act, which may include fines or other civil penalties, depending on the nature and severity of the breach.