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Act No. 91 of 1956 as amended, taking into account amendments up to Act No. 18 of 1979
Registered 07 Dec 2009
Start Date 01 Jul 1979
End Date 22 May 1986
Date of repeal 22 May 1986
Repealed by Veterans' Entitlements Act 1986

REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 [Note: This Act is "repealed" by Act No. 27 of 1986]
(#DATE 31:08:1980)

- Incorporating all amendments by legislation made to 31 August 1980
- Reprinted as at 31 August 1980
*1* The Repatriation (Far East Strategic Reserve) Act 1956 (a) as shown in this
reprint comprises Act No. 91, 1956 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
----------------------------------------------------------------------------
Repatriation (Far
East Strategic
Reserve) Act 1956 91, 1956 15 Nov 1956 1 Sept 1957 (see
Gazette 1957, p.
2631)
Repatriation (Far
East Strategic
Reserve) Act 1962 90, 1962 14 Dec 1962 28 May 1963 (see
s. 2 and Gazette
1963, p. 1869) -
Repatriation (Far
East Strategic
Reserve) Act 1964 107, 1964 20 Nov 1964 S. 5: 6 Aug 1965
(see Gazette
1965, p. 3401)
Remainder: Royal
Assent S. 6
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -
Repatriation (Far
East Strategic
Reserve) Act 1972 81, 1972 27 Sept
1972 27 Sept 1972 -
Repatriation (Far
East Strategic
Reserve) Act 1973 4, 1973 16 Mar 1973 16 Mar 1973 -
Statute Law
Revision Act 1973 216, 1973
as amended
by 20,
1974 19 Dec 1973

25 July
1974 31 Dec 1973

31 Dec 1973 Ss. 9 (1) and 10

-
Repatriation Acts
Amendment Act 1974 90, 1974 31 Oct 1974
S. 6: 4 June 1975
(see Gazette
1975, No. S102,
p. 1)
Remainder: Royal
Assent S. 31 (2)
Repatriation Acts
Amendment Act 1978 129, 1978 26 Oct 1978
Ss. 5-11, 13, 17,
20-22, 24, 27,
31, 33, 34, 36
and Part VII (ss.
37-43): 1 Nov
1978
Remainder: Royal
Assent -
Repatriation Acts
Amendment Act 1979 18, 1979 28 Mar 1979 Ss. 1-3, 4 (a)
and 26: 28 Mar
1979
Remainder: 1 July
1979 -
----------------------------------------------------------------------------
(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

Commonwealth of Australia 1980

REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Interpretation

4. Extension of Act to Territories

5. Divisions 8 and 9 of Part III of Repatriation Act not to apply to
Malayan service of members of the Forces

6. Liability of the Commonwealth to pay pensions to members of the
Forces

7. Extension of certain provisions of Repatriation Act

8. Pensions payable to certain dependent females

9. Pension to divorcee of member

10. Limitations on pensions to dependants of female members

11. Maximum rates of pensions where death, &c., attributable partly to
other service

12. Delegation

12A. Appropriation for pensions, &c.

13. Regulations


-----------------


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - LONG TITLE

SECT

An Act to provide Benefits for certain Members of the Defence Force who have served in Malaya with, or in connexion with, the British Commonwealth Far East Strategic Reserve, and for purposes connected therewith

REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Repatriation (Far East Strategic Reserve) Act 1956.*1*

See notes to first article of this Chapter.

REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - 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.

REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 3.
Interpretation

Sub-section (1) amended by No. 107, 1964, s. 3; No. 81, 1972, s. 3; No. 4, 1973, s. 3; No. 216, 1973 (as amended by No. 20, 1974), s. 3; No. 129, 1978, s. 25

SECT

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

"adopted ", in relation to a child, means adopted in accordance with the law of a State, a Territory or another country;

"Board" means a Repatriation Board constituted under the Repatriation Act;

"dependant" means, in relation to a male member of the Forces, a dependant specified in paragraph (b) of sub-section (2) of section 7 and, in relation to a female member of the Forces, a dependant specified in paragraph (c) of that sub-section;

"Malaya" means the Federation of Malaya and the Colony of Singapore;

"Malayan service" means, in relation to a member of the Forces, the service of the member, after the commencement of this Act, while-

(a) a member of, or attached to, a body, unit or detachment of the Naval, Military or Air Forces at a time when it was allotted for duty in Malaya as part of, or in association with, the Australian Contingent, British Commonwealth Far East Strategic Reserve; or

(b) allotted for duty in Malaya, in connexion with the Far East Strategic Reserve, with any Naval, Military or Air Forces of a part of the Queen's dominions other than the Commonwealth,

but does not include service as a member of the Naval Forces in the complement of a sea-going vessel;

"member" or "member of the Forces" means a person who, while a member of the Defence Force, has served on Malayan service;

"pension" means a pension under this Act, and includes the amounts and allowances specified in the Schedules to the Repatriation Act as applied by section 7 of this Act;

"port" includes airport;

"the Commission" means the Repatriation Commission established by the Repatriation Act;

"the Far East Strategic Reserve" means the British Commonwealth Far East Strategic Reserve;

"the Repatriation Act" means the Repatriation Act 1920-1956.


(2) For the purposes of this Act, the Malayan service of a member of the Forces shall be deemed to have commenced-

(a) if he was in Australia at the time when he was allotted for duty of the kind referred to in paragraph (a) or (b) of the definition of "Malayan service" in the last preceding sub-section, whichever is applicable-at the time of his departure from the last port of call in Australia by reason of the allotment or at the time of the commencement of this Act, whichever was the later; or

(b) if he was outside Australia at the time when he was so allotted-at the time of the allotment or at the time of the commencement of this Act, whichever was the later.


(3) For the purposes of this Act-

(a) where a member of the Forces has returned to Australia, his Malayan service shall, subject to the next succeeding paragraph, be deemed to have ended at the time of his arrival at the first port of call in Australia; and

(b) where a member of the Forces has been allotted for duty in an area outside Australia other than Malaya and has proceeded to that area, before or after the allotment, without first returning to Australia, his Malayan service shall be deemed to have ended at the time of his arrival in that area or, if he was in that area at the time of the allotment, at that time.


Inserted by No. 90, 1962, s. 3

SECT

(3A) Notwithstanding the preceding provisions of this section, the Malayan service of a member of the Forces does not include service after the commencement of the Repatriation (Special Overseas Service) Act 1962.


Substituted by No. 4, 1973, s. 3

SECT

(4) In this Act, unless the contrary intention appears, "child ", "member of the family ", "parents ", "step-daughter ", "step-son ", "widow" and "wife" have the same respective meanings as in Part III of the Repatriation Act except that, for the purposes of this sub-section, a reference in that Part to a member of the Forces shall be read as a reference to a member of the Forces for the purposes of this Act.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 4.
Extension of Act to Territories

Amended by No. 216, 1973 (as amended by No. 20, 1974), s. 3

SECT

4. This Act extends to all the Territories.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 5.
Divisions 8 and 9 of Part III of Repatriation Act not to apply to Malayan
service of members of the Forces

SECT

5. Notwithstanding anything contained in the Repatriation Act, Divisions 8 and 9 of Part III of that Act do not apply to or in relation to members of the Forces in respect of service which constitutes Malayan service for the purposes of this Act.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 6.
Liability of the Commonwealth to pay pensions to members of the Forces

SECT

6. (1) Upon the incapacity or death of a member of the Forces whose incapacity or death has resulted from an occurrence that happened during the member's Malayan service (including the contracting of a disease during that service), the Commonwealth is, subject to this Act, liable to pay to the member, or the dependants of the member, or both, as the case may be, pensions in accordance with Division 1 of Part III of the Repatriation Act as applied by the next succeeding section.


(2) Subject to the next succeeding sub-section, the Commonwealth is not liable under the last preceding sub-section if the incapacity or death of a member-

(a) was due to the member's 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.


(3) Where the death of a member is, in the opinion of the Commission, due to venereal disease contracted during Malayan service, the last preceding sub-section does not affect the liability of the Commonwealth to pay pensions to the widow and children, or widower and children, as the case may be, of the member.


(4) Where the origin of the cause of an incapacity or the death of a member of the Forces existed before the commencement of the member's Malayan service and, in the opinion of the Commission or a Board-

(a) the incapacity from which the member is suffering was contributed to in any material degree, or has been aggravated, by the conditions of the member's Malayan service or the member's death has been contributed to in any material degree by those conditions; and

(b) neither the incapacity or death, nor the origin of the cause of the incapacity or death, was due to the member's serious default or wilful act,

the incapacity or death shall be deemed to have resulted from an occurrence that happened during the member's Malayan service.


(5) A pension is not payable to or in relation to a member for any period before the termination of the service in respect of which the liability of the Commonwealth to pay pension arises.


(6) Where a pension is granted, the Commission or a Board may, subject to this Act, approve of the payment of the pension as from a date not more than three months before the date of lodgment of the claim for pension.


(7) The right conferred by this Act on a member of the Forces to payment by way of pension in respect of an incapacity, or on a person other than the member to payment by way of pension in respect of the death or incapacity of a member, is in substitution for the right (if any) of that member or that other person to a payment in respect of the incapacity, or the incapacity or death of the member, as the case may be, to which, but for this sub-section, he would have been entitled under the Naval Defence Act 1910-1952, the Defence Act 1903-1956 or the Air Force Act 1923-1956, and any such right of the member or other person under any of those Acts is, by force of this sub-section, determined.


Amended by No. 107, 1964, s. 4

SECT

(8) If the member or a dependant of the member is entitled under-

(a) the law of a country other than the Commonwealth that is or has been a part of the dominions of the Crown; or

(b) the law of a State,

to receive any payment in respect of incapacity or death resulting from employment in connexion with warlike operations in which the Sovereign is or has been engaged, the rate or the amount of that payment shall be taken into account in assessing the rate of pension payable under this Act, so that the total payments to the member, or the dependants of the member, or both, as the case may be, shall not exceed the total payments to which they respectively or collectively would be entitled if eligible solely under this Act.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 7.
Extension of certain provisions of Repatriation Act

Sub-section (1) substituted by No. 129, 1978, s. 24; amended by No. 18, 1979, s. 34

SECT

7. (1) Subject to this Act, the provisions of Division 1 of Part III (other than sections 24, 42, 44 and 54) and sections 114, 114A, 119, 120A and 120B of, and the Schedules to, the Repatriation Act extend to and in relation to-

(a) members of the Forces within the meaning of this Act; and

(b) the dependants of those members.


Amended by No. 81, 1972, s. 4; No. 4, 1973, s. 4

SECT

(2) In the application, by virtue of the last preceding sub-section, of the provisions of the Repatriation Act specified in that sub-section-

(a) a reference to a member of the Forces or to a member shall be read as a reference to a member of the Forces within the meaning of this Act;

(b) a reference to dependants shall be read, in relation to male members of the Forces, as a reference to-

(i) the wife or widow of a member;

(ii) the widowed mother of an unmarried member;

(iii) a child of a member of the Forces;

(iv) a parent of a deceased member who is at any time after the death of the member without adequate means of support;

(v) any other member of the family of a member who was wholly or partly dependent upon his earnings at any time during his Malayan service;

(vi) an ex-nuptial child of a son or daughter of a member, being an ex-nuptial child wholly or partly dependent upon the earnings of the member at any time during the member's Malayan service; and

(vii) a parent or grandparent of a member who is an ex-nuptial child, being a parent or grandparent wholly or partly dependent upon the earnings of the member at any time during his Malayan service;

(c) a reference to dependants shall be read, in relation to female members of the Forces, as a reference to-

(i) the husband or widower of a member who was married to the member before or during her Malayan service;

(ii) a child of a member of the Forces; and

(iii) such other members of the family of a member, or, in the case of a member who is an ex-nuptial child, such of the parents or grandparents of the member, as were wholly or partly dependent upon her earnings at the time of the commencement of, or at any time during, her Malayan service;

(d) a reference to war service shall be read as a reference to Malayan service; and

(e) a pension under this Act shall be deemed to be a pension under Division 1 of Part III of the Repatriation Act.


Inserted by No. 18, 1979, s. 34

SECT

(2A) Subject to this Act, the provisions of Parts IIIA, IIIB and IIIC of the Repatriation Act extend to and in relation to-

(a) members of the Forces within the meaning of this Act; and

(b) the dependants of those members,

and, in the application by virtue of this sub-section of those provisions-

(c) a reference to a member of the Forces shall be read as a reference to a member of the Force within the meaning of this Act;

(d) a reference to war service shall be read as a reference to Malayan service;

(e) a reference to a pension under the Repatriation Act shall be read as a reference to a pension under this Act; and

(f) a reference to the Repatriation Act shall be read as a reference to this Act and to the Repatriation Act in its application by virtue of this Act.


Added by No. 4, 1973, s. 4

SECT

(3) Section 120C of the Repatriation Act applies in relation to a pension, allowance or other benefit under this Act or the regulations as if it were a pension, allowance or other benefit under that Act.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 8.
Pensions payable to certain dependent females

SECT

8. (1) Where-

(a) a person was, both at the time of the commencement of the Malayan service of a member of the Forces and at the time of the happening, during that service, of an occurrence (including the contracting of a disease) that resulted in his death or incapacity, recognized as the wife of the member, though not legally married to him; and

(b) the Commission is satisfied that that person was wholly or partly dependent upon the earnings of the member at those times,

a pension under this Act may be paid to that person at a rate not exceeding the rate of pension that would have been payable to her under this Act if she had been legally married to the member.


(2) A pension may be paid under this section in addition to any pension payable to the wife or widow, as the case may be, of the member.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 9.
Pension to divorcee of member

SECT

9. Where, at the time of the happening during a member's Malayan service of an occurrence (including the contracting of a disease) that resulted in his incapacity or death, a person who had been the wife of the member but had been divorced was dependent upon alimony payable by the member, a pension under this Act may, on discontinuance of the payment of the alimony, be paid to that person at a rate equal to-

(a) the amount of the alimony; or

(b) the rate of pension which would have been payable to her if she had not been divorced,

whichever is the less.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 10.
Limitations on pensions to dependants of female members

SECT

10. (1) A pension under this Act shall not be granted or continued to a dependant of a female member of the Forces, being a dependant who is not a child of the member, unless-

(a) where the pension is in respect of the incapacity of the member-the member is being paid, or, in the case of a deceased member, was immediately before her death being paid, a pension at a rate not less than fifty per centum of the rate for total incapacity and the dependant is wholly or substantially dependent upon the member or would, but for the death or incapacity of the member, be so dependent; or

(b) where the pension is in respect of the death of the member-the dependant would, but for the death of the member, be so dependent,

and, where the dependant is the husband of the member, unless the husband is, by reason of physical or mental incapacity, unable to earn a livelihood, is without adequate means of support and is not separated from the member.


(2) A pension under this Act shall not be granted or continued to a dependant of a female member of the Forces, being a dependant who is a child of the member, unless the member is dead and the child is without adequate means of support or, if the member is not dead, unless-

(a) the father or step-father of the child- (i) is, by reason of physical or mental incapacity, unable to earn a livelihood and is without adequate means of support; or

(ii) is dead or is separated or divorced from, or has deserted, the member; and

(b) the child is wholly or substantially dependent upon the member and is without adequate means of support.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 11.
Maximum rates of pensions where death, &c., attributable partly to other
service

Amended by No. 129, 1978, s. 25

SECT

11. Where the incapacity or death of a member was, or the incapacity and death of a member were both, attributable partly to the Malayan service of the member and partly to the service of the member in or in connexion with-

(a) the present war within the meaning of section twenty-three of the Repatriation Act;

(b) the war within the meaning of section 100 of that Act; or

(c) the warlike operations in Korea or Malaya before the commencement of this Act,

the Commonwealth is not liable to pay to a person, in respect of the incapacity or death, pensions at rates which, in the aggregate, exceed the rate at which pension would be payable to that person if the incapacity or death, or both the incapacity and death, as the case may be, were attributable wholly to the Malayan service of the member.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 12.
Delegation

Sub-section (1) amended by No. 216, 1973 (as amended by No. 20, 1974), s. 3; No. 129, 1978, s. 25

SECT

12. (1) The Commission may, with the approval of the Minister, by writing under its seal delegate any of its powers and functions under this Act (except this power of delegation), or under the provisions of the Repatriation Act as applied by section 7 of this Act, in relation to a matter or class of matters, or to a State or Territory, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or with respect to the State or Territory, specified in the instrument of delegation.


(2) A delegation under the last preceding sub-section is revocable in writing at will and does not prevent the exercise of a power or function by the Commission.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 12A.
Appropriation for pensions, &c.

Inserted by No. 90, 1974, s. 31

SECT

12A. There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly-

(a) pensions; and

(b) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed-

(i) by the regulations; or

(ii) by reference to a rate or amount fixed by regulations under the Repatriation Act or by reference to that Act.


REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956 - SECT. 13.
Regulations

Sub-section (1) amended by No. 90, 1962, s. 4; No. 93, 1966, s. 3; No. 81, 1972, s. 5; No. 129, 1978, s. 25

SECT

13. (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 granting of assistance and benefits to-

(i) members of the Forces;

(ii) children (including step-children, adopted children and ex-nuptial children) of members of the Forces, whether children as defined by section 3 or not;

(iii) dependants (as defined by the regulations), other than children, of members of the Forces; and

(iv) persons to whom section eight of this Act applies;

(aa) the granting of assistance by way of payment of funeral expenses in respect of any of the persons referred to in the last preceding paragraph; and

(b) prescribing penalties not exceeding a fine of $50 or imprisonment for 3 months for offences against the regulations.


Inserted by No. 107, 1964, s. 5; amended by No. 129, 1978, s. 25

SECT

(1A) Subject to sub-section (1C), where medical treatment is provided to a person under the regulations-

(a) in circumstances in which the regulations provide for payment in accordance with this sub-section; or

(b) in any case in which, before the treatment is provided, the Commission, for special reasons, determines that payment should be made in accordance with this sub-section and notifies the person accordingly,

the person is liable to pay to the Commonwealth, as a debt due to the Commonwealth, such reasonable charges in respect of the treatment as the Commission notifies to him in writing.


Inserted by No. 107, 1964, s. 5

SECT

(1B) Regulations made in pursuance of paragraph (a) of the last preceding sub-section may provide for payment in accordance with that sub-section in any case in which-

(a) a person (whether before, during or after the provision of the treatment) recovers or receives; or

(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies a person that the person is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,

the whole or a part of the cost of the treatment, by way of damages or compensation, from another person.


Substituted by No. 90, 1974, s. 32; amended by No. 129, 1978, s. 25

SECT

(1C) Sub-section (1A) does not apply in relation to-

(a) medical treatment in respect of a condition giving rise to an incapacity in respect of which the Commonwealth-

(i) is liable to pay pension under this Act to the person;

(ii) would be so liable if the incapacity were great enough to warrant a pension assessment; or

(iii) would be so liable but for sub-section (8) of section 6; or

(b) medical treatment for a member of the Forces in respect of malignant neoplasia.


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

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

(b) the disbursement or accumulation of a pension or allowance so paid for the benefit of the person to whom it is payable under this Act or of members of the family of that person or of persons dependent on him.


Added by No. 107, 1964, s. 5

SECT

(3) In this section, "medical treatment" means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes-

(a) any accommodation, nursing care or transport in relation to such treatment; and

(b) the supply, renewal and repair of artificial replacements and surgical and other aids and appliances.

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