Seamen’s War Pensions and Allowances
No. 61 of 1970
An Act to amend the Seamen’s War Pensions and Allowances Act 1940-1969 so as to provide for Increases in the Rates of certain Pensions and Allowances and for matters connected therewith.
[Assented to 28 September 1970]
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 1970.
(2.) The Seamen’s War Pensions and Allowances Act 1940-1969 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 1940-1970.
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—
(a) by omitting from sub-section (4a.) the words “Fifty-three dollars” and inserting in their stead the words “Fifty-six dollars”;
(b) by omitting paragraph (a) of sub-section (7.) and inserting in its stead the following paragraph:—
“(a) in the case of his death—Twelve dollars per fortnight in respect of one child or, if the number of children exceeds one, Twelve dollars per fortnight in respect of the elder or eldest child and Ten dollars per fortnight in respect of each other child; or”; and
(c) by omitting from sub-section (8.) the words “Twenty dollars thirty cents” and inserting in their stead the words “Twenty-four dollars”.
Allowance to compensate for serious incapacity.
4. Section 22b of the Principal Act is amended by omitting from sub-section (2.) the words “Ten dollars” (wherever occurring) and inserting in their stead the words “Twelve dollars”.
First Schedule.
5. The First Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—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 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..... | 31.00 | 14.00 | 24.00 |
Exceeding 1 | 2 | 6 | but not exceeding | 1 | 7 | 6..... | 31.00 | 14.00 | 24.45 |
Exceeding 1 | 7 | 6 | but not exceeding | 1 | 15 | 0..... | 31.90 | 14.90 | 25.45 |
Exceeding 1 | 15 | 0 | but not exceeding | 2 | 2 | 6..... | 33.10 | 16.10 | 26.45 |
Exceeding 2 | 2 | 6 | but not exceeding | 2 | 10 | 0..... | 34.30 | 17.30 | 27.35 |
Exceeding 2 | 10 | 0 | ....................... | 34.60 | 17.60 | 27.60 |
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 1970 was enacted to amend the Seamen’s War Pensions and Allowances Act 1940-1969, primarily to address the need for increased rates of pensions and allowances for seamen, particularly those who had been incapacitated or had died as a result of their wartime service. The Act was assented to on 28 September 1970 by the Queen’s Most Excellent Majesty, through the Senate and the House of Representatives of the Commonwealth of Australia. The policy objective of the Act was to provide necessary financial support to those affected by the service of Australian mariners in war, ensuring that their pensions and allowances were adjusted to reflect current economic conditions. The Act introduces amendments to increase the rates of pensions and allowances, thereby providing enhanced support to the beneficiaries of the original Act.
Scope and Application
The Seamen’s War Pensions and Allowances Act 1970 applies to individuals who are beneficiaries under the Seamen’s War Pensions and Allowances Act 1940-1969, which includes seamen and their dependants who are receiving pensions or allowances due to death or total incapacity of the seaman. The Act also pertains to the payment rates and conditions of these pensions and allowances. Geographically, it applies at the Commonwealth level across Australia. The Act does not explicitly state exclusions or exemptions, but its provisions are specific to the eligible beneficiaries under the Principal Act. The application of the amendments made by this Act extends to all subsequent instalments of pensions or allowances due after the Act’s commencement. The Act may be further interpreted and expanded through subordinate instruments, which would detail additional procedural or administrative aspects of the pension and allowance payments.
Key Provisions
The Seamen’s War Pensions and Allowances Act 1970 primarily serves to revise and update the rates of certain pensions and allowances for seamen, particularly in the context of death or total incapacity, and for serious incapacity. Section 3 of the Act amends the Principal Act by increasing the pension rates for widows and children in the event of a seaman's death or total incapacity. Specifically, it changes the pension rate from fifty-three dollars to fifty-six dollars for the widow and adjusts the child allowance from twelve dollars per fortnight for one child, and ten dollars per fortnight for each additional child, to twelve dollars for the eldest or elder child and ten dollars for each other child. Furthermore, section 4 modifies the allowance for serious incapacity from ten dollars to twelve dollars.
The Act imposes certain obligations on the relevant authorities to ensure these updated rates are applied correctly. Under section 6, any amendments affecting the instalments of pensions or allowances apply from the first pension pay day following the Act's commencement and to all subsequent instalments. This provision ensures that the changes in pension rates are promptly and consistently implemented.
In terms of penalties and consequences, the Act does not explicitly outline offences or penalties for non-compliance. However, given the nature of the amendments and their application to pensions and allowances, it is reasonable to infer that failure to adhere to the new rates could result in legal repercussions. Such non-compliance might be pursued under the general legal framework governing administrative and regulatory compliance in Australia, potentially leading to civil or administrative penalties. Although the specific penalties are not detailed in the Act, they could include fines or other corrective actions to ensure compliance with the updated pension rates.