Seamen’s War Pensions and Allowances (No. 2)
No. 69 of 1971
An Act to amend the Seamen’s War Pensions and Allowances Act 1940–1970, as amended by the Seamen’s War Pensions and Allowances Act 1971, so as to provide for Increases in the Rates of certain Pensions and Allowances.
[Assented to 29 September 1971]
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 (No. 2) 1971.
(2.) The Seamen’s War Pensions and Allowances Act 1940–1970, as amended by the Seamen’s War Pensions and Allowances Act 1971, is in this Act referred to as the Principal Act.
(3.) Section 1 of the Seamen’s War Pensions and Allowances Act 1971 is amended by omitting sub-section (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the Seamen’s War Pensions and Allowances Act 1940–1971.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Rates of pensions on death or total incapacity.
3. Section 18 of the Principal Act is amended—
(a) by omitting from sub-section (4a.) the words “Fifty-seven dollars” and inserting in their stead the words “Sixty dollars fifty cents”;
(b) by omitting paragraph (a) of sub-section (7.) and inserting in its stead the following paragraph:—
“(a) in the case of his death—Fourteen dollars per fortnight in respect of each child; or”; and
(c) by omitting from sub-section (8.) the words “Twenty-four dollars” and inserting in their stead the words “Twenty-eight dollars”.
First Schedule
4. The First Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—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 | 34.50 | 14.00 | 24.00 |
Exceeding | 1 | 2 | 6 | but not exceeding | 1 | 7 | 6 | 34.50 | 14.00 | 24.45 |
Exceeding | 1 | 7 | 6 | but not exceeding | 1 | 15 | 0 | 35.40 | 14.90 | 25.45 |
Exceeding | 1 | 15 | 0 | but not exceeding | 2 | 2 | 6 | 36.60 | 16.10 | 26.45 |
Exceeding | 2 | 2 | 6 | but not exceeding | 2 | 10 | 0 | 37.80 | 17.30 | 27.35 |
Exceeding | 2 | 10 | 0 | ........................ | 38.10 | 17.60 | 27.60 |
Second Schedule.
5. The Second Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—
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.............. | 19 |
An injury affecting the cerebro-spinal system or causing incapacity similar in effect and severity | 19 |
Loss of two arms........................................... | 32 |
Loss of two legs and one arm................................... | 19 |
Loss of one leg at the hip and of the other either at the hip or in the upper third... | 19 |
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 (No. 2) Act 1971 was enacted by the Parliament of Australia to address the need for increased rates of pensions and allowances for seamen who were incapacitated or deceased due to war service. This Act amends the Seamen’s War Pensions and Allowances Act 1940–1970, as previously amended by the Seamen’s War Pensions and Allowances Act 1971, to adjust the financial support provided to affected seamen and their dependants. The policy objective of this legislation is to ensure that the pension and allowance rates reflect the current economic conditions and adequately support those who have served in wartime. The Act came into effect on the day of its Royal Assent, 29 September 1971, and applies to pension and allowance instalments due after this date.
Scope and Application
The Seamen’s War Pensions and Allowances (No. 2) Act 1971 amends the Seamen’s War Pensions and Allowances Act 1940–1971 to adjust the rates of certain pensions and allowances for seamen who have been incapacitated or died as a result of their service. The Act applies to Australian mariners and their dependants who are covered by the Principal Act. This includes widows, children, and other dependents of deceased seamen, as well as seamen who are totally incapacitated due to their service. The Act applies on a national level, as it is a Commonwealth Act, thereby extending its reach across all states and territories within Australia. The amendments outlined in the Act primarily concern the adjustment of pension and allowance rates to reflect changes in economic conditions since the initial enactment of the Principal Act. Notably, the Act does not explicitly state any exclusions or thresholds, but it is implicitly limited to those who meet the criteria set out in the Principal Act. The application of the amendments is further detailed to ensure that the changes take effect from the first pension pay day after the Act's commencement.
Key Provisions
The Seamen’s War Pensions and Allowances (No. 2) Act 1971 primarily amends the Principal Act, which is the Seamen’s War Pensions and Allowances Act 1940–1970, as amended by the Seamen’s War Pensions and Allowances Act 1971. This Act makes specific changes to the rates of pensions and allowances payable under the Principal Act. Section 3 of the Act increases the rates of certain pensions and allowances. For instance, it raises the pension rate for a deceased seaman's widow from Fifty-seven dollars to Sixty dollars fifty cents per fortnight. Similarly, the allowance for each child of a deceased seaman increases from an unspecified amount to Fourteen dollars per fortnight. The allowance for other dependants increases from Twenty-four dollars to Twenty-eight dollars per fortnight.
The obligations imposed by the Act on the parties or entities it governs are primarily related to the payment of these increased pensions and allowances. The Commonwealth is obligated to adjust the pension rates as per the amendments made by this Act. This adjustment applies to all instalments of pensions or allowances that fall due on the first pension pay day after the Act comes into operation. The changes are not retrospective and apply only to future payments.
For breach of the obligations set out in this Act, there are potential civil or criminal consequences. While the Act does not explicitly state penalties for non-compliance, failure to adhere to the amended rates could result in legal action for non-payment of pensions or allowances, which could lead to civil penalties. The maximum penalties are not specified in the text, but they could include fines or legal actions to compel payment of the correct amounts. It is also possible that non-compliance could result in criminal charges if the breaches are deemed serious enough, though specific details are not provided in the Act.