Seamen’s War Pensions and Allowances
No. 96 of 1969
An Act to amend the Seamen’s War Pensions and Allowances Act 1940–1968 so as to provide for Increases in the Rates of certain Pensions and Allowances and for matters connected therewith.
[Assented to 27 September 1969]
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 1969.
(2.) The Seamen’s War Pensions and Allowances Act 1940–1968 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 1940–1969.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Rates of pension on death or total incapacity.
3. Section 18 of the Principal Act is amended by omitting from sub-section (4a.) the words “Forty-eight dollars fifty cents” and inserting in their stead the words “Fifty-three dollars”.
Allowance to compensate for serious incapacity.
4. Section 22b of the Principal Act is amended by omitting from sub-section (2.) the words “Six dollars” (wherever occurring) and inserting in their stead the words “Ten dollars”.
First and Second Schedules.
5. The First and Second Schedules to the Principal Act are repealed and the following Schedules inserted in their stead:—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 in the currency provided for by the Coinage Act 1909 or that Act as amended | Rate of pension payable per fortnight to widow on death of Australian mariner | Aggregate 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 on total incapacity |
| £ | s. | d. | | £ | s. | d. | $ | $ | $ |
| | | | Not exceeding | 1 | 2 | 6 | 30.00 | 14.00 | 24.00 |
Exceeding | 1 | 2 | 6 | but not exceeding | 1 | 7 | 6 | 30.00 | 14.00 | 24.45 |
Exceeding | 1 | 7 | 6 | but not exceeding | 1 | 15 | 0 | 30.90 | 14.90 | 25.45 |
Exceeding | 1 | 15 | 0 | but not exceeding | 2 | 2 | 6 | 32.10 | 16.10 | 26.45 |
Exceeding | 2 | 2 | 6 | but not exceeding | 2 | 10 | 0 | 33.30 | 17.30 | 27.35 |
Exceeding | 2 | 10 | 0 | ...................... | 33.60 | 17.60 | 27.60 |
SECOND SCHEDULE Section 21.
ALLOWANCE FOR ATTENDANT
Column 1 | Column 2 |
Description of Disability | Allowance for attendant |
| $ |
Blind or with eyesight so defective as to have no useful sight......................... | 17 |
An injury affecting the cerebro-spinal system or causing incapacity similar in effect and severity.. | 17 |
Loss of two arms...................................................... | 28 |
Loss of two legs and one arm.............................................. | 17 |
Loss of one leg at the hip and of the other either at the hip or in the upper third.............. | 17 |
Application of amendments.
6. In so far as an amendment made by this Act affects instalments of pensions or allowances, the amendment applies in relation to an instalment of a pension or of an allowance, as the case may be, 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 1969 was enacted to address the need for updating the rates of pensions and allowances for seamen and their dependants in the aftermath of wartime service. This Act was passed by the Parliament of Australia and received Royal Assent on 27 September 1969. Its primary objective was to amend the Seamen’s War Pensions and Allowances Act 1940–1968 by increasing the rates of certain pensions and allowances to reflect changes in economic conditions and to ensure that the financial support provided to affected individuals remained adequate. The legislation sought to provide fair compensation for those who had suffered disabilities or the loss of loved ones during wartime, ensuring their welfare was appropriately considered in line with contemporary standards.
Scope and Application
The Seamen’s War Pensions and Allowances Act 1969 applies to Australian mariners who are eligible for pensions or allowances under the amended Seamen’s War Pensions and Allowances Act 1940–1968. It specifies the rates of pensions and allowances payable in the event of death, total incapacity, or serious incapacity of the mariner. The Act also provides for the calculation of pensions for widows and dependants, as well as allowances for attendants. The amendments extend to all instalments of pensions and allowances falling due after the commencement of the Act, ensuring that affected parties receive the new rates from the first pension pay day following the Act’s effective date. The Act’s application is national in scope, binding across the Commonwealth of Australia. There are no stated exclusions or exemptions in the text, and no mention is made of subordinate instruments extending or restricting the application of the Act.
Key Provisions
The Seamen’s War Pensions and Allowances Act 1969 primarily amends the Seamen’s War Pensions and Allowances Act 1940–1968, focusing on adjusting the rates of certain pensions and allowances for seamen. Specifically, Section 3 of the Act modifies the pension rates for seamen who die or become totally incapacitated, increasing the rate from Forty-eight dollars fifty cents to Fifty-three dollars. Similarly, Section 4 increases the allowance for serious incapacity from Six dollars to Ten dollars. Additionally, the Act replaces the First and Second Schedules of the Principal Act with new tables detailing the general pension rates and allowances for attendants based on the rate of pay and the degree of disability.
The Act imposes obligations on the relevant authorities to administer these changes effectively. It requires the application of the amended rates from the first pension pay day after the Act's commencement, affecting all subsequent pension and allowance instalments. The authorities must ensure that the new rates are correctly applied to all eligible recipients, maintaining transparency and fairness in the distribution of these benefits.
Breach of the provisions in this Act could lead to legal consequences. While specific offences and penalties are not detailed within the provided text, generally, non-compliance with legislative requirements can result in civil or criminal penalties, depending on the severity of the breach. Typically, such breaches might involve fines or other sanctions as stipulated in related legislation or administrative guidelines. The exact penalties would depend on the specific nature of the breach and the jurisdiction's legal framework.