Repatriation Regulations (Amendment)

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1973 No. 151

REGULATIONS UNDER THE REPATRIATION ACT 1920-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Repatriation Act 1920-1973.

Dated this second day of August, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation.

Amendments of the Repatriation Regulations†

Commencement.

1. Subject to regulation 4 (2), these Regulations shall be deemed to have come into operation on the day on which the Repatriation Act 1973 received the Royal Assent.

Definitions.

2. Regulation 5 of the Repatriation Regulations is amended—

(a) by omitting from the definition of “child”, the words “, but not including an ex-nuptial child born more than nine months after the termination of the member’s war service, unless the member has adopted the child”;

(b) by adding at the end of the definition of “deceased unmarried member” the words “but does not include a deceased member with respect to whom a dependent female is receiving a pension under the Act”;

“‘widow’ means the widow of a deceased member and includes—

(a) a dependent female, as defined in section 23 of the Act, of a deceased member; and

* Notified in the Australian Government Gazette on 9 August 1973.

† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72; 106, 149 and 169; 1948, Nos. 38, 43, 80, 135 and 137; 1950, No. 96; 1951 Nos. 7 and 58; 1952, Nos. 7, 88 and 101; 1953, No. 6; 1956, Nos. 32, 73 and 101; 1958, No. 22; 1960, Nos. 56 and 60; 1961, Nos. 74 and 139; 1962, No. 93; 1963, Nos. 57 and 104; 1965, No. 124; 1966, Nos. 65 and 168; 1967, No. 150; 1968, No. 122; 1969, No. 178; 1970, No. 150; 1972, Nos. 180 and 186; and 1973, No. 25.

(b) a person who is eligible for war pension under section 42 of the Act in respect of the death of a member;” and

(d) by omitting the definition of “wife” and substituting the following definition:—

“‘wife’ means the wife of a member and includes—

(a) a dependent female, as defined in section 23 of the Act, of a living member; and

(b) a person who is eligible for war pension under section 42 of the Act in respect of the incapacity of a member.”.

Payment of undrawn instalment of pension of deceased pensioner.

3. Regulation 24 of the Repatriation Regulations is repealed.

Repeal of regulations 33 and 34b.

4. (1) Regulations 33 and 34b of the Repatriation Regulations are repealed.

(2) This regulation shall be deemed to have come into operation on the date of commencement of the Repatriation Act (No. 2) 1973.

Sustenance allowance while undergoing medical treatment.

5. Regulation 71 of the Repatriation Regulations is amended by omitting sub-regulation (5) and substituting the following sub-regulation:—

“(5) In this regulation, ‘child’, in relation to a member, has the same meaning as in Part III of the Act.”.

Medical treatment for widows, &c.

6. Regulation 73 of the Repatriation Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) In this regulation, ‘child’, in relation to a member, has the same meaning as in Part III of the Act, and includes a person who is in receipt of a pension under sub-section (4) of section 39 of the Act.”.

Allowance to re-married widow of a deceased member who is again widowed.

7. Regulation 176 of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) In this regulation, ‘child’, in relation to the widow of a deceased member, means a child of the deceased member, being a child within the meaning of Part III of the Act.”.

Allowance in respect of certain ex-nuptial children.

8. Regulation 176a of the Repatriation Regulations is repealed.

Allowance to certain widows.

9. Regulation 176d of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) In this regulation, ‘child’, in relation to the widow of a deceased member, means a child who is the child of the deceased member,”.

Funeral expenses.

10. Regulation 179 of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3) In this regulation, ‘child’, in relation to a member, has the same meaning as in Part III of the Act.”.

Funeral benefits—service pensioners.

11. Regulation 179a of the Repatriation Regulations is amended by omitting the definition of “child” in sub-regulation (1) and substituting the following definition:—

“‘child’, in relation to a member, has the same meaning as in section 83 of the Act;”.

Extension of certain provisions to 1914-1918 members (general service).

12. Regulation 193 of the Repatriation Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) The provisions of Parts III, IV, VII, IX, X and XI (except regulations 177, 178 and 180) and of regulation 104a apply to and in relation to 1914-1918 members (general service), and, for the purposes of those provisions in their extended application, a reference to a member shall be read as a reference to a 1914-1918 member (general service).”.

Extension of certain provisions to 1914-1918 members (home service).

13. Regulation 194 of the Repatriation Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) The provisions of Parts III, IV, IX and XI (except regulations 176, 177, 178, 180 and 181 and sub-regulation (2) of regulation 179) and of regulation 104a apply to and in relation to 1914-1918 members (home service), and, for the purposes of those provisions in their extended application, a reference to a member shall be read as a reference to a 1914-1918 member (home service).”.

Extension of certain provisions to women members of the Forces.

14. Regulation 196 of the Repatriation Regulations is amended—

(a) by inserting after paragraph (a) of sub-regulation (2) the word “and”;

(b) by omitting paragraph (c) of sub-regulation (2);

(d) by omitting sub-regulation (3) and substituting the following sub-regulation:—

“(3) Notwithstanding anything contained in sub-regulation (2b), for the purpose of the extended application of Part VII, although a child is not actually without adequate means of support, the Commission may determine that special circumstances warrant the child being regarded as an eligible child for the purposes of Part VII and, upon that determination, the provisions of Part VII apply accordingly.”.

South African veterans.

15. Regulation 197 of the Repatriation Regulations is amended by omitting from sub-regulation (3) the words “Fifty dollars” and substituting the words “One hundred dollars.”.

Overview

The Repatriation Regulations 1973 are legislative instruments enacted under the authority of the Repatriation Act 1920-1973. These regulations were introduced to refine and update the existing framework for the administration of benefits and services to members of the Australian Defence Force and their families. Enacted by the Governor-General of Australia, with advice from the Executive Council, the regulations aim to ensure that the provisions of the Repatriation Act are effectively implemented and administered. The primary policy objective of these regulations is to provide clarity and guidance on the eligibility criteria, entitlements, and procedural aspects related to various benefits such as pensions, medical treatment, and funeral expenses. These regulations serve to address the gap in detailed operational guidelines for the administration of the Act, thereby facilitating the smooth delivery of benefits to those in need.

Scope and Application

The Repatriation Regulations 1973, made under the Repatriation Act 1920-1973, apply to a wide range of persons, including current and former members of the Australian Defence Force, their widows, children, and other dependents, as well as to certain South African veterans who served with the Australian forces. These regulations govern the administration of pensions, allowances, medical treatment, and other benefits provided under the Act to these individuals. The scope of the regulations extends to the Commonwealth of Australia, affecting all states and territories uniformly. Certain provisions have been amended to redefine terms such as "child," "widow," and "wife," to provide clarity and consistency with the Act. Notably, these Regulations have been amended to exclude ex-nuptial children born more than nine months after the termination of a member's war service, unless the member has adopted the child. The Regulations also extend certain provisions to include 1914-1918 members and women members of the forces, thereby broadening the eligibility criteria for benefits. These regulations, by their nature, are subject to further modification and specification through subordinate instruments, ensuring that they can adapt to changing circumstances and needs.

Key Provisions

The primary operative sections of the Repatriation Regulations under the Repatriation Act 1920-1973 detail several amendments and repeals. Specifically, regulation 2 amends the definitions of "child," "deceased unmarried member," "widow," and "wife" (regulation 2(a)-(d)). Regulation 3 repeals regulation 24 regarding the payment of undrawn instalments of pension of deceased pensioners. Regulations 4 and 5, respectively, repeal regulations 33 and 34b and amend regulations 71 and 73 to align the definition of "child" with Part III of the Act (regulations 4(1), 5(5), and 6(2)). Regulations 7 and 9 amend regulations 176 and 176d to clarify the definition of "child" in relation to widows (regulations 7(2) and 9(2)). Regulation 10 amends regulation 179 to align the definition of "child" (regulation 10(3)), while regulation 11 amends regulation 179a to align the definition of "child" with section 83 of the Act (regulation 11). Regulations 12 and 13 extend certain provisions to 1914-1918 members (general service) and 1914-1918 members (home service), respectively (regulations 12(2) and 13(2)). Regulation 14 amends regulation 196 to extend certain provisions to women members of the Forces (regulation 14(2)-(4)). Lastly, regulation 15 amends regulation 197 to increase the amount of the allowance from fifty to one hundred dollars (regulation 15). The Repatriation Regulations impose specific obligations and requirements on various parties. For instance, they require the Department of Repatriation to ensure that the definitions of key terms such as "child," "widow," and "wife" are consistent with the Act. They also mandate that certain provisions apply to 1914-1918 members (general service) and 1914-1918 members (home service) (regulations 12 and 13). Additionally, the Repatriation Commission must determine if special circumstances warrant the child being regarded as an eligible child for the purposes of Part VII, even if the child is not actually without adequate means of support (regulation 14(3)). The Regulations also require the Commission to align the definition of "child" with Part III of the Act in various contexts (regulations 5(5), 6(2), 7(2), 9(2), 10(3), and 11). The Repatriation Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the Regulations could potentially lead to legal consequences under the Repatriation Act 1920-1973 or other relevant legislation. The Act itself provides for penalties for various offences, including fines and imprisonment, but the specific penalties would depend on the nature and severity of the breach. It is important for parties governed by the Regulations to adhere to their obligations to avoid any potential legal repercussions.

Area of Law: Veterans' Affairs
Instrument: Regulation
Concepts: Definitions & Interpretation; Repeal & Amendment; Payment of undrawn instalment of pension of deceased pensioner

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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.

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