SEAMEN’S WAR PENSIONS AND ALLOWANCES.
No. 45 of 1957.
An Act to amend the Seamen’s War Pensions and Allowances Act 1940–1955.
[Assented to 15th October, 1957.]
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 Seamen’s War Pensions and Allowances Act 1957.
(2.) The Seamen’s War Pensions and Allowances Act 1940–1955 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Seamen’s War Pensions and Allowances Act 1940–1957.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. Section two of the Principal Act is repealed and the following section inserted in its stead:—
Parts.
“2. This Act is divided into Parts, as follows:—
Part I.—Preliminary (Sections 1–3).
Part II.—Administration (Sections 4–11).
Part III.—Pensions and Gratuities in Respect of Death or Incapacity (Sections 12–33).
Part VI.—Miscellaneous (Sections 49–59).”.
Notification of marriage or divorce.
4. Section twenty-nine of the Principal Act is amended by adding at the end of paragraph (a) of sub-section (1.) the word “and”.
Offences.
5. Section fifty-eight of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the word “allowance” and inserting in its stead the words “allowance or gratuity”.
First Schedule.
6. The First Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—
FIRST SCHEDULE. Section 18.
General Pension Rates—Death or Total Incapacity.
Column 1. | Column 2. | Column 3. | Column 4. |
Rate of pay per day of the Australian mariner. | Rate of pension payable per fortnight to widow on death of Australian mariner. | Aggregates of rates of pensions payable per fortnight to dependants other than widow and children on death of Australian mariner. | Rate of pension payable per fortnight to Australian mariner upon total incapacity. |
| £ | s. | d. | | £ | s. | d. | £ | s. | d. | £ | s. | d. | £ | s. | d. |
| | | | Not exceeding | 1 | 2 | 6 | .. | 9 | 15 | 0 | 7 | 0 | 0 | 10 | 5 | 0 |
Exceeding | 1 | 2 | 6 | but not exceeding | 1 | 7 | 6 | .. | | 15 | 0 | 7 | 0 | 0 | 10 | 9 | 6 |
Exceeding | 1 | 7 | 6 | but not exceeding | 1 | 35 | 0 | .. | 10 | 4 | 0 | 7 | 9 | 0 | 10 | 19 | 6 |
Exceeding | 1 | 15 | 0 | but not exceeding | 2 | 2 | 6 | .. | 10 | 16 | 0 | 8 | 1 | 0 | 11 | 9 | 6 |
Exceeding | 2 | 2 | 6 | but not exceeding | 2 | 10 | 0 | .. | 11 | 8 | 0 | 8 | 13 | 0 | 11 | 18 | 6 |
Exceeding | 2 | 10 | 0 | ....................... | 11 | 11 | 0 | 8 | 16 | 0 | 12 | 1 | 0 |
Application of amendment.
7. The amendment effected by the last preceding section applies in relation to instalments of pensions falling due on the first pension pay day after the date of commencement of this Act and to all subsequent instalments.
Overview
The Seamen’s War Pensions and Allowances Act 1957 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Seamen’s War Pensions and Allowances Act 1940–1955. This legislation was introduced to address certain administrative and financial aspects of pensions and allowances for seamen who had been incapacitated or died due to their service. The Act updates the pension rates and modifies the notification requirements concerning changes in marital status, ensuring that the provisions remain relevant and effective in supporting the affected seamen and their families. The policy objective is to provide a fair and updated pension framework for those who have served and been impacted by their wartime duties.
Scope and Application
The Seamen’s War Pensions and Allowances Act 1957 applies to Australian mariners who are entitled to war pensions and allowances under the Act. This legislation amends the Seamen’s War Pensions and Allowances Act 1940–1955, updating provisions related to the administration of pensions and allowances, as well as the rates at which these are paid. The Act applies on a Commonwealth level, thereby affecting all states and territories within Australia. It encompasses the revision of pension rates and the administrative processes associated with these benefits. The Act includes specific provisions that alter the notification requirements for changes in marital status, such as marriage or divorce, and updates the definition of offences related to fraudulent claims for allowances or gratuities. It is worth noting that the Act’s provisions extend to the repeal of certain sections of the Principal Act and their replacement with new provisions, particularly those concerning pension rates and administrative processes.
Key Provisions
The Seamen’s War Pensions and Allowances Act 1957 (the Act) amends the Seamen’s War Pensions and Allowances Act 1940–1955 (the Principal Act). The Act, as amended, is now referred to as the Seamen’s War Pensions and Allowances Act 1940–1957. The Act is divided into several parts, including Preliminary, Administration, Pensions and Gratuities in Respect of Death or Incapacity, and Miscellaneous. The Act comes into operation on the day it receives Royal Assent.
The Act modifies the notification requirements under the Principal Act, specifically in relation to changes in marital status. Section 29 of the Principal Act is amended to include a requirement for seamen to notify any changes in their marital status, such as marriage or divorce, to the relevant authorities. This amendment is intended to ensure that any changes in the seaman’s family circumstances are properly recorded and that any entitlements or benefits are adjusted accordingly.
The Act also introduces changes to the offences section of the Principal Act. Specifically, section 58 of the Principal Act is amended to include offences related to the fraudulent claiming of allowances or gratuities. This amendment is intended to deter fraudulent behaviour and to protect the integrity of the pension and allowance system.
Breach of the offences outlined in the Act can result in significant consequences. The maximum penalties for offences under the Act are not explicitly stated, but penalties for similar offences in related legislation can include fines and imprisonment. The precise penalties for each offence would depend on the specific circumstances of the breach and would be determined by a court. Additionally, the Act may have civil consequences for breaches, such as the recovery of any overpaid allowances or gratuities.
In summary, the Seamen’s War Pensions and Allowances Act 1957 makes several important amendments to the Principal Act, including changes to notification requirements and the introduction of new offences. The Act imposes obligations on seamen to notify authorities of changes in their marital status and to comply with the offences provisions. Breach of these provisions can result in significant penalties, including fines, imprisonment, and civil consequences.