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Native Members of the Forces Benefits Act 1957

  • - C2004C05615
  • In force - Superseded Version
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Act No. 89 of 1957 as amended, taking into account amendments up to Act No. 138 of 1972
Registered 04 Dec 2009
Start Date 02 Nov 1972
End Date 30 Oct 1974

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957
- Reprinted as at 2 November 1972 (HISTACT2 CHAP 202 #DATE 02:11:1972)

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - TABLE OF PROVISIONS

TABLE


NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definitions
4. Benefits, &c., of native members of the Forces
5. Pensions or compensation for incapacity or death
6. Other benefits, &c.
7. Prior grants of benefits
8. Pension inalienable
9. Regulations

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NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 1.
Short title.

SECT

to certain Natives who served in the Defence Force during the War and their Dependants, and for purposes connected therewith.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Native Members of the Forces Benefits Act 1957-1972.*

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 3.
Definitions.

SECT

Amended by No. 109, 1965, s. 3; No. 8, 1968, s. 3; and No. 138, 1972, s. 3.
3. In this Act, unless the contrary intention appears-

''native member of the Forces'' means a male aboriginal native of the Territory of Papua or the Territory of New Guinea or of an island in the Pacific Ocean (other than an island forming part of the territory of a State) who served during the war in the Defence Force at a rate of pay less than the minimum rate of pay that was prescribed as payable to a male member of the Australian Military Forces and whose service has been terminated by discharge or death;

''the Defence Force'' has the same meaning as in the Defence Act 1903-1941;

''the war'' means the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, and includes any other war in which His late Majesty became engaged after that date and before the third day of September, One thousand nine hundred and forty-five.

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 4.
Benefits, &c., of native members of the Forces.

SECT

4. The benefits, advantages and assistance for which a native member of the Forces and his dependants are, or shall be deemed at any time to have been, eligible under the law of the Commonwealth by reason of, and after the completion of, the service of the member in the Defence Force during the war are those which are provided-

(a) by and under this Act; and

(b) by and under the War Gratuity Act 1945-1947,
and no others.

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 5.
Pensions or compensation for incapacity or death.

SECT

5. (1) Where the incapacity or death of a native member of the Forces-

(a) has resulted from any occurrence that happened during the period of his service in the Defence Force during the war; or

(b) has arisen out of or is attributable to that service,
the Commonwealth is, subject to such conditions as are prescribed, liable to pay or grant to the native member of the Forces and, subject to the regulations, to his dependants pension or compensation at such rates or of such amounts as are provided for in the regulations.

(2) Where-

(a) a native member of the Forces is suffering from an incapacity or has died;

(b) the origin of the cause of the incapacity or death existed before the commencement of his service in the Defence Force during the war; and

(c) the incapacity was contributed to in any material degree, or was aggravated, by the conditions of that service, or the death was contributed to in any material degree by those conditions,
the incapacity or death, as the case may be, shall be deemed to be attributable to that service.

(3) The Commonwealth is not liable under the preceding provisions of this section if the incapacity or death of the native member of the Forces-

(a) was due to his serious default or wilful act;

(b) arose from intentionally self-inflicted injuries; or

(c) arose from, or from an occurrence that happened during the commission of, a serious breach of discipline by the native member of the Forces.

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 6.
Other benefits, &c.

SECT

6. In addition to the benefits for which provision is made by the last preceding section, native members of the Forces and their dependants are, subject to such conditions as are prescribed, eligible for such other benefits, advantages and assistance as are prescribed.

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 7.
Prior grants of benefits.

SECT

7. Any pension, compensation or other benefit that has been paid to or provided for a native member of the Forces or the dependant of a native member of the Forces by the Commonwealth before the commencement of this Act shall be deemed to have been validly paid or provided, and the amount or value of that pension, compensation or other benefit may be taken into account for the purposes of this Act.

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 8.
Pension inalienable.

SECT

8. Subject to this Act, a pension is absolutely inalienable, whether by way or in consequence of sale, assignment, charge, execution, bankruptcy or otherwise.

NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - SECT. 9.
Regulations.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
9. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, prescribing matters for or in relation to-

(a) the making and determination of claims for pensions, compensation or other benefits under this Act;

(b) determination of the persons who shall, for the purposes of any of the provisions of this Act and the regulations, be deemed to be dependants of native members of the Forces; and

(c) prescribing a penalty of a fine not exceeding Fifty dollars or of imprisonment for a period not exceeding three months for any offence against the regulations.

(2) The regulations may make provision for different pensions, compensation, benefits, advantages or assistance in respect of different classes of native members of the Forces or dependants of native members of the Forces.

(3) In lieu of specifying a rate of pension or an amount of compensation the regulations may, in respect of persons within any prescribed class of native members of the Forces or dependants of native members of the Forces, authorize the Minister to determine a rate or amount not exceeding such rate or amount as is specified in the regulations.

(4) The regulations may make provision for or in relation to-

(a) the payment of any pension, compensation or monetary benefit under this Act to a person on behalf of, or as trustee for, the person to whom the pension, compensation or benefit is payable under this Act where a prescribed authority is satisfied that, having regard to the age, infirmity, ill-health or improvidence of the person to whom the pension, compensation or benefit is payable, it is expedient that payment of the pension, compensation or benefit should be so made, or where the person to whom the pension, compensation or benefit is payable consents to payment of the pension, compensation or benefit being so made; and

(b) the disbursement or accumulation of pension, compensation or benefit so paid for the benefit of the person to whom it is payable under this Act or for the benefit of persons dependent on that person.
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NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1972 - NOTE


NOTE
1. The Native Members of the Forces Benefits Act 1957-1972 comprises the Native Members of the Forces Benefits Act 1957 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Native Members of the
Forces Benefits Act 1957 No. 89, 1957 12 Dec 1957 1 June 1961 (see
Gazette 1961, p.
2088)
Native Members of the
Forces Benefits Act 1965 No. 109, 1965 18 Dec 1965 18 Dec 1965 (a)
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Native Members of the
Forces Benefits Act 1968 No. 8, 1968 8 May 1968 8 May 1968
Native Members of the
Forces Benefits Act 1972 No. 138, 1972 2 Nov 1972 2 Nov 1972
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(a) By section 2 of the Native Members of the Forces Benefits Act 1965 that Act came into operation on the date of the Royal Assent except section 3 which came into operation on the day on which the Native Members of the Forces Benefits Act 1957 came into operation.