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Papua New Guinea (Members of the Forces Benefits) Act 1957

  • - C2004C05830
  • In force - Superseded Version
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Act No. 89 of 1957 as amended, taking into account amendments up to Act No. 90 of 1974
Registered 04 Dec 2009
Start Date 04 Jun 1975
End Date 29 Oct 1981

PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957
- Reprinted as at 30 June 1981 (HISTACT CHAP 299 #DATE 30:06:1981)

*1*. The Papua New Guinea (Members of the Forces Benefits) Act 1957 (a) as shown in this reprint comprises Act No. 89, 1957 as amended by the other Acts
specified
in the following table:
------------------------------------------------------------------------------ -- Application, saving or Number Date Date of transitional Act and year of Assent commencement provisions ------------------------------------------------------------------------------ -- Native Members of the 89,1957 12 Dec 1957 1 June 1961
Forces Benefits Act 1957 (see Gazette
1961, p.
2088)
Native Members of the 109,1965 18 Dec 1965 S. 3: 1 June S. 4 Forces Benefits Act 1965 1961 (see s.
2 (2) and
Gazette
1961, p.
2088)
Remainder:
Royal Assent
Statute Law Revision 93,1966 29 Oct 1966 1 Dec 1966 - (Decimal Currency) Act
1966
Native Members of the 8,1968 8 May 1968 8 May 1968 - Forces Benefits Act 1968
Native Members of the 138,1972 2 Nov 1972 2 Nov 1972 - Forces Benefits Act 1972
Repatriation Acts 90,1974 31 Oct 1974 S. 6: 4 June S. 52 (2) Amendment Act 1974 1975 (see
Gazette
1975, No.
S102, p. 1)
Remainder:
Royal Assent
------------------------------------------------------------------------------ -- (a) This citation is provided for by the Amendments Incorporation Act 1905 and the Acts
Citation Act 1976.

PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - TABLE OF
PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Interpretation

4. Benefits, & c., of members of the Forces

5. Pensions or compensation for incapacity or death

6. Other benefits, & c.

7. Prior grants of benefits

8. Pension inalienable

8A. Appropriation for pensions, & c.

9. Regulations
----------

PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - LONG TITLE

SECT

An Act to make special provision for the granting of Pensions and other Benefits to certain Indigenous Inhabitants of Papua New Guinea who served in the Defence Force during the War and their Dependants, and for purposes connected therewith Title amended by No. 90, 1974, s. 49

PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Papua New Guinea (Members of the Forces Benefits) Act 1957.*1*


See notes to first article of this CHAPTER.

PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*1*


See notes to first article of this CHAPTER.

PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 3.
Interpretation

Amended by No. 109, 1965, s. 3; No. 8, 1968, s. 3; No. 138, 1972, s. 3; No. 90, 1974, s. 50

SECT

3. In this Act, unless the contrary intention appears -

"member of the Forces" means a male indigenous inhabitant of Papua 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.


PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 4.
Benefits, & c., of members of the Forces

Amended by No. 90, 1974, s. 51

SECT

4. The benefits, advantages and assistance for which a 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.


PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 5.
Pensions or compensation for incapacity or death

Sub-section (1) amended by No. 90, 1974, s. 51

SECT

5. (1) Where the incapacity or death of a 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 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.


Amended by No. 90, 1974, s. 51

SECT

(2) Where -

(a) a 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.


Amended by No. 90, 1974, s. 51

SECT

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


PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 6.
Other benefits, & c.

Amended by No. 90, 1974, s. 51

SECT

6. In addition to the benefits for which provision is made by the last preceding section, 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.


PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 7.
Prior grants of benefits

Amended by No. 90, 1974, s. 51

SECT

7. Any pension, compensation or other benefit that has been paid to or provided for a member of the Forces or the dependant of a 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.


PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - 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.


PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 8A.
Appropriation for pensions, & c.

Inserted by No. 90, 1974, s. 52

SECT

8A. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, pensions, allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed -

(a) by the regulations;

(b) by reference to a rate or amount fixed by the regulations; or

(c) by reference to a rate or amount fixed by regulations under the Repatriation Act 1920-1974.


PAPUA NEW GUINEA (MEMBERS OF THE FORCES BENEFITS) ACT 1957 - SECT. 9.
Regulations

Sub-section (1) amended by No. 93, 1966, s. 3; No. 90, 1974, s. 53

SECT

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; and

(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 members of the Forces.


Amended by No. 90, 1974, s. 53

SECT

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


Amended by No. 90, 1974, s. 53

SECT

(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 members of the Forces or dependants of 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. ------------------------------------------------------------------------------ --