Seamen's War Pensions and Allowances Act 1973

Overview

The Seamen’s War Pensions and Allowances Act 1973 was enacted by the Queen, the Senate and the House of Representatives of Australia to amend the Seamen’s War Pensions and Allowances Act 1940–1972. The 1973 Act addresses the need to update pension rates and eligibility criteria for seamen, ensuring that they remain current and fair. The amendments made include updating the pension rates, modifying the definitions of certain terms to align with other legislation such as the Repatriation Act 1920–1973, and removing outdated definitions. The policy objective of these changes is to provide a more accurate and equitable pension scheme for those who served, particularly in light of changing economic conditions and societal norms. This Act came into operation on the day it received Royal Assent, with specific provisions retroactively applying from December 7, 1972.

Scope and Application

The Seamen’s War Pensions and Allowances Act 1973 applies to Australian mariners, their dependants, and widows who are beneficiaries of pensions under the Act. The legislation amends the Seamen’s War Pensions and Allowances Act 1940–1972 by altering definitions and rates of pension, and removing certain age restrictions. It specifies that the term "child" and other related terms have the same meanings as defined in the Repatriation Act 1920–1973, with specific adjustments for the purposes of this Act. The Act adjusts the pension rates payable to widows and other dependants upon the death or total incapacity of a mariner, and removes the restriction on pension eligibility for those under the age of twenty-one years. The amendments made by sections 4 and 6 of the Act are deemed to have come into operation on the seventh day of December, 1972, applying to pension instalments due on that date and all subsequent ones. The Act extends its reach to all persons and entities involved in the administration or receipt of pensions under the Seamen’s War Pensions and Allowances framework within the Commonwealth of Australia.

Key Provisions

The Seamen’s War Pensions and Allowances Act 1973 (section 1) amends the Seamen’s War Pensions and Allowances Act 1940–1972, which is referred to as the Principal Act in this new Act. The Principal Act, as amended by this Act, is then referred to as the Seamen’s War Pensions and Allowances Act 1940–1973. The Act comes into operation on the day it receives Royal Assent, subject to section 7. The Act imposes several amendments on the Principal Act. Firstly, it removes definitions of “child”, “step-son”, “step-daughter”, “widow”, and “wife” from section 3 of the Principal Act (section 3(a)). It also modifies the definition of “dependant” by omitting certain paragraphs and substituting a new paragraph that specifies a child of the mariner (section 3(b)). Additionally, section 1(c) introduces new definitions for “child”, “step-daughter”, “step-son”, “widow”, and “wife” based on Part III of the Repatriation Act 1920–1973, with specific adjustments for the purposes of this Act. Furthermore, the Act increases the rate of pension on death or total incapacity from Sixty-eight dollars to Seventy-three dollars ten cents (section 4). It also removes the age restriction of under twenty-one years from section 59(1)(g) of the Principal Act (section 5). The First Schedule to the Principal Act is repealed and replaced with a new schedule that outlines the general pension rates per fortnight based on the rate of pay of the Australian mariner (section 6). For any breaches of the provisions set out in this Act, the consequences are not explicitly stated within the provided sections. However, typically, breaches of legislative provisions may result in civil or criminal penalties depending on the nature of the breach. In civil cases, penalties may include fines or restitution, while in criminal cases, penalties may include imprisonment, fines, or both, depending on the severity of the offence. The exact penalties would need to be referred to in relevant sections of the Principal Act or other applicable legislation.