Federal Register of Legislation - Australian Government

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Maternity Allowance Act 1942

Authoritative Version
Act No. 4 of 1942 as made
An Act to amend the Maternity Allowance Act 1912-1937.
Date of Assent 18 May 1942
Date of repeal 01 Jul 1947
Repealed by Social Services Consolidation Act 1947

MATERNITY ALLOWANCE.

 

No. 4 of 1942.

An Act to amend the Maternity Allowance Act 1912-1937.

[Assented to 18th May, 1942.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and’ the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(l.)  This Act may be cited as the Maternity Allowance Act 1942.

(2.)  The Maternity Allowance Act 1912-1937 is in this Act referred to as the Principal Act.

(3.)  The Principal Act as amended by this Act, may be cited as the Maternity Allowance, Act 1912-1942.

Commencement

2.   This Act shall come into operation on the ninth day of July, One thousand nine hundred and forty-two.

Who may be claimants.

3.   Section six of the Principal Act is amended—

(a) by inserting after sub-section (2.) the following sub-section :—

“(2a.)  Nothing in the last preceding sub-section shall apply to an aboriginal native of Australia—

(a) who is for the time being exempt from the provisions of the law of the State or Territory of the Commonwealth in which she resides relating to the control of aboriginal natives; or


 

(b) who resides in a State or Territory of the Commonwealth the law of which does not make provision for such exemption, and with respect to whom the Commissioner is satisfied that, by reason of the character, standard of intelligence and development of the aboriginal native, it is desirable that the last preceding sub-section should not apply to her.”; and

(b) by inserting in sub-section (3.), after the word “relates”, the words “(but not including, in the case of a married or widowed claimant, any income of the claimant from personal exertion earned, derived or received during any portion of that period prior to her marriage)”.

4.   After section nine of the Principal Act the following section is inserted:—

Payment of allowances of aboriginal natives.

“9a.   ‘Where, in the opinion of the Commissioner, it is desirable to do so, he may direct that payment of any sum payable by way of maternity allowance to an aboriginal native of Australia shall be made to an authority of a State or Territory of the Commonwealth controlling the affairs of aboriginal natives, or to some other authority or person whom the Commissioner considers to be suitable for the purpose, for the benefit of the aboriginal native and payment shall be made accordingly.”.

5.   After section eleven a of the Principal Act the following section is inserted:—

Annual report to be prepared.

“11b. (1.)    The Director-General of Social Services shall, within three months after the end of each financial year, prepare and furnish to the Minister, for presentation to the Parliament, a report, with statistics, as to the administration and operation of this Act.

“(2.)   The report may deal with the administration and operation of any other Act administered by the Minister administering this Act.”.