Statutory Rules
1977 No. 170
REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seamen’s War Pensions and Allowances Act 1940.
Dated this twenty-second day of September 1977.
JOHN R. KERR
Governor-General
By His Excellency’s Command,
R. V. GARLAND
Minister of State for Veterans’ Affairs
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AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS†
Commencement
1. These Regulations shall come into operation on 1 October 1977.
Parts
2. Regulation 3 of the Seamen’s War Pensions and Allowances Regulations is repealed.
* Notified in the Commonwealth of Australia Gazette on 29 September 1977.
† Statutory Rules 1961, No. 105 as amended by Statutory Rules 1961, No. 145; 1963, No. 120; 1964, No. 107; 1965, No. 89; 1966, No. 110; 1967, No. 44; 1968, Nos. 106 and 120; 1969, Nos. 109 and 179; 1970, Nos. 84 and 155; 1972, Nos. 119 and 194; 1973, Nos. 27, 35, 84 and 290; and 1975, No. 97.
Interpretation
3. Regulation 4 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by inserting after the definition of “ claimant ” the following definition:
“ ‘ Deputy Commissioner ’ means a person for the time being performing the duties of Deputy Commissioner in the Department and, in relation to a State, means the Deputy Commissioner for that State;”;
(b) by omitting “ for Repatriation or who is employed in the Repatriation Department ” from the definition of “ medical officer ” and substituting “ or who is employed in the Department ”; and
(c) by omitting the definition of “ Registrar ”.
Declarations by claimants
4. Regulation 8 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting paragraph (b); and
(b) by omitting from paragraph (d) “ Repatriation ”.
5. Regulation 10 of the Seamen’s War Pensions and Allowances Regulations is repealed and the following regulations are substituted:
Appropriate address
“ 9. For the purposes of paragraph 58b (b) of the Act, the appropriate address to which a person who resides in a place referred to in column 2 of the following table in an item in the table may forward a claim, application, notification or other document to the Secretary is the address, or any address, of the Department in the Australian Capital Territory or the address referred to in column 3 of the table in that item:
Column 1 | Column 2 | Column 3 |
Item | Place of residence | Appropriate address |
1. | An overseas country other than Eire, Fiji, New Zealand or Papua New Guinea | The office of an Australian Consular Officer or Australian Diplomatic Officer, as defined by the Consular Fees Act 1955, exercising his functions in relation to the place in which the person resides |
2. | Eire.................. | The Australian High Commission, London, United Kingdom |
3. | Fiji................... | The Secretary, War Pensions Board, The Treasury, Suva, Fiji |
4. | New Zealand............ | The Director-General, Department of Social Welfare, Wellington, New Zealand |
5. | Papua New Guinea | Department of Veterans’ Affairs, Brisbane, Australia |
6, | Australian Capita! Territory | Department of Veterans’ Affairs, Sydney, New South Wales |
7. | Jervis Bay Territory | Department of Veterans’ Affairs, Sydney, New South Wales |
Column 1 | Column 2 | Column 3 |
Item | Place of residence | Appropriate address |
8. | Norfolk Island........... | Department of Veterans’ Affairs, Sydney, New South Wales |
9. | Northern Territory......... | Department of Veterans’ Affairs, Adelaide, South Australia |
10. | Territory of Christmas Island | Department of Veterans’ Affairs, Perth, Western Australia |
11. | Territory of Cocos (Keeling) Islands | Department of Veterans’ Affairs, Perth, Western Australia |
Action on receipt of claims
“ 10. Where a claim is lodged with the Department, a Deputy Commissioner shall cause the date on which it was lodged to be recorded on the claim.”.
Payment of undrawn instalment of pension of deceased pensioner
6. Regulation 18 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from sub-regulation (1) “ for Repatriation ”; and
(b) by omitting from sub-regulation (2) “ for Repatriation ” (wherever occurring).
Manner of making applications
7. Regulation 19 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ Deputy Commissioner for Repatriation ” and substituting “ the Secretary ”.
Appeals
8. Regulation 22 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1) “ for Repatriation ”.
Purpose of benefit and ability of applicant
9. Regulation 23 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulations (1) and (2) “ for Repatriation ”.
Authority to pay to agent
10. Regulation 24 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ” (wherever occurring).
Treatment for war disabilities
11. Regulation 26 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ”.
Medical treatment for disabilities not due to war service
12. Regulation 26a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “for Repatriation”.
Additional medical treatment for mariners
13. Regulation 26b of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1) “ for Repatriation ”.
Non-liability where treatment not granted
14. Regulation 28 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ”.
Surgical aids. &c.
15. Regulation 29 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1) “ for Repatriation ”.
Sustenance allowance daring medical treatment, &c.
16. Regulation 30 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from sub-regulations (1), (2a), (3) and (3a) “ for Repatriation ”; and
(b) by omitting from paragraph (b) of sub-regulation (3a) “ Repatriation ”.
Sustenance allowance during investigation
17. Regulation 31 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulations (1) and (2) “ for Repatriation ”.
Expenses of travelling for medical treatment or pension purposes
18. Regulation 32 of the Repatriation Regulations is amended by omitting from sub-regulations (1), (2) and (3) “ for Repatriation ”.
Attendance allowance
19. Regulation 33 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from sub-regulation (1) “ for Repatriation ” (first occurring);
(b) by omitting from paragraph (a) of sub-regulation (1) “ of Repatriation ”;
(c) by omitting from paragraph (b) of sub-regulation (1) “ for Repatriation ”; and
(d) by omitting from paragraphs (c) and (d) of sub-regulation (1) “ of Repatriation ”.
Medical treatment for widows, &c.
20. Regulation 34 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1) “ for Repatriation ”.
Expenses of travelling for medical treatment by eligible persons
21. Regulation 34a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulations (1), (2) and (3) “ for Repatriation ”.
Funeral expenses
22. Regulation 38 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ”.
Clothing allowance
23. Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulations (1), (2) and (3) “ for Repatriation ”.
Investigation of grant of pension
24. Regulation 39 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ”.
Review of benefits
25. Regulation 40 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from sub-regulation (1) “ for Repatriation ” (wherever occurring); and
(b) by omitting from sub-regulation (2) “ for Repatriation ”.
Death of pensioner or grantee
26. Regulation 42 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (2) “ for Repatriation ”.
Exercise by Commission of powers of Deputy Commissioner
27. Regulation 43 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from sub-regulation (1) “ for Repatriation ”; and
(b) by omitting from sub-regulation (2) “ for Repatriation ” (wherever occurring).