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Act No. 139 of 1972 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 07 Dec 2009
Start Date 31 Dec 1973
End Date 31 Oct 1978
Date of repeal 22 May 1986
Repealed by Veterans' Entitlements Act 1986

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 318 #DATE 19:12:1973)

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - TABLE OF PROVISIONS

TABLE


REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title and citation
2. Commencement
3. Parts

PART II-APPLICATION OF CERTAIN COMMONWEALTH LAWS IN RELATION
TO TORRES STRAIT ISLANDS MEMBERS

4. Definitions
5. Application of certain Commonwealth laws in relation to Torres
Strait Islands members
6. Pension, &c., to continue to be payable
7. Claims for pensions (other than service pensions) made before
commencement of this Act
8. Claims for service pensions made before commencement of this Act

9-14. PART III-AMENDMENTS OF THE REPATRIATION ACT 1920-1972 AND
CONSEQUENTIAL PROVISION

15. Extension and application of Act to certain male members of the
Forces

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REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 1.
Short title.

SECT

Strait Islanders, and certain Aboriginal Natives of Australia, who served in the Defence Force during the War and with respect to Residents of the Torres Strait Islands.

PART I-PRELIMINARY
Short title and citation.
Short title amended; No. 32, 1918, s. 2.
1. (1) This Act may be cited as the Repatriation (Torres Strait Islanders) Act 1972-1973.*

(2) The Repatriation Act 1920-1971, as amended by the Repatriation Act 1972 and by the Repatriation Act (No. 2) 1972, is in this Act referred to as the Principal Act.

(3) Section 1 of the Repatriation Act (No. 2) 1972 is amended by omitting sub-section (4).

(4) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920-1972.

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on the date of commencement of the Native Members of the Forces Benefits Act 1972.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 4.
Definitions.

SECT

STRAIT ISLANDS MEMBERS
PART II-APPLICATION OF CERTAIN COMMONWEALTH LAWS IN RELATION TO TORRES
4. In this Part, unless the contrary intention appears-

''the Commission'' means the Repatriation Commission;

''the Native Members of the Forces Benefits Act'' means the Native Members of the Forces Benefits Act 1957 or that Act as amended at any time before the commencement of this Act;

''the Pensions Board'' means the Pensions Board constituted by regulations under the Native Members of the Forces Benefits Act;

''the Repatriation Act'' means the Repatriation Act 1920-1960 or that Act as amended at any time that is relevant for the purposes of the provision in which the expression occurs;

''the Torres Strait Islands'' means the islands of that name forming part of the territory of the State of Queensland;

''the war'' means the war that 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;

''Torres Strait Islander'' means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands;
''Torres Strait Islands member'' means-

(a) a male Torres Strait Islander; or

(b) a male Aboriginal native of Australia,

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.

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 5.
Application of certain Commonwealth laws in relation to Torres Strait Islands
members.

SECT

5. For avoidance of doubt, it is by this Act declared that, consequent upon the enactment of the Native Members of the Forces Benefits Act 1972, the laws of the Commonwealth providing for benefits, advantages and assistance in respect of members of the Defence Force who served during the war apply, according to their tenor, in relation to Torres Strait Islands members.

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 6.
Pension, &c., to continue to be payable.

SECT

6. Where a pension or other benefit under the Native Members of the Forces Benefits Act was, immediately before the commencement of this Act, payable to, or in respect of, a person who is a Torres Strait Islands member, then, on the commencement of this Act-

(a) the pension or other benefit continues to be payable as if it were a pension or other benefit under the Repatriation Act; and

(b) any assessment, decision or determination made in relation to it before the commencement of this Act may be reviewed, and may be varied or revoked, in accordance with the Repatriation Act as if it were-

(i) in the case of an assessment, decision or determination of the Pensions Board-an assessment, decision or determination of a Repatriation Board under the Repatriation Act; or

(ii) in the case of an assessment, decision or determination of the Commission-an assessment, decision or determination under the Repatriation Act.

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 7.
Claims for pensions (other than service pensions) made before commencement of
this Act.

SECT

7. (1) In this section, ''claim to which this section applies'' means a claim for a pension or an allowance (other than a service pension) under the Native Members of the Forces Benefits Act made, before the commencement of this Act, by a person who is a Torres Strait Islands member.

(2) Where, at the commencement of this Act, no determination of the Pensions Board has been made with respect to a claim to which this section applies, the claim shall be treated, for the purposes of the Repatriation Act, as a claim made under that Act.

(3) Where-

(a) the Pensions Board has made a determination with respect to a claim to which this section applies; and

(b) at the commencement of this Act, no appeal from that determination has been made to the Commission or, if such an appeal has been made, the appeal has not been determined by the Commission,
then, for the purposes of section 28 of the Repatriation Act-

(c) that determination of the Pensions Board shall be treated as a determination of a Repatriation Board under the Repatriation Act; and

(d) that claim shall be treated as a claim under the Repatriation Act.

(4) Where the Commission has, before the commencement of this Act, determined an appeal against a determination of the Pensions Board with respect to a claim to which this section applies, then, for the purposes of section 64, 67 or 70 of the Repatriation Act, whichever is the appropriate provision-

(a) that determination of the Commission shall be treated as a determination under section 28 of the Repatriation Act;

(b) that determination of the Pensions Board shall be treated as a determination of a Repatriation Board under the Repatriation Act; and

(c) that claim shall be treated as a claim under the Repatriation Act.

(5) Where-

(a) a claim referred to in sub-section (2) of this section is granted; or

(b) an appeal made by virtue of sub-section (3) or (4) of this section is upheld,
by virtue of sub-section (3) of section 37 of the Repatriation Act, the pension arising out of the granting of the claim or the upholding of the appeal is not payable in respect of any period before the commencement of this Act.

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 8.
Claims for service pensions made before commencement of this Act.

SECT

8. Where-

(a) a claim for a service pension under the Native Members of the Forces Benefits Act was made, before the commencement of this Act, by a person who is a Torres Strait Islands member; and

(b) at the commencement of this Act, no determination has been made by the Pensions Board or the Commission with respect to the claim,
the claim shall be treated, for the purposes of the Repatriation Act, as a claim made under that Act.

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 9-14.

SECT

PART III-AMENDMENTS OF THE PRINCIPAL ACT AND CONSEQUENTIAL PROVISION

9-14.* * * * * * * *

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - SECT. 15.
Extension and application of Act to certain male members of the Forces.

SECT

15. (1)* * * * * * * *

(2) Where a person was, immediately before the commencement of this Act, a dependant, for the purposes of regulations in force under the Native Members of the Forces Benefits Act 1957-1968, of another person who is a Torres Strait Islands member for the purposes of Part II of this Act, then, on the commencement of this Act, that first-mentioned person shall, unless and until the Repatriation Commission otherwise determines, be deemed to be a person whom the Repatriation Commission has, by instrument in writing, determined, for the purposes of sub-paragraph (viii) of paragraph (b) of sub-section (2) of section 99 of the Repatriation Act 1920-1972, to be a person who is dependent on that other person.
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REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972-1973 - NOTES


NOTES
1. The Repatriation (Torres Strait Islanders) Act 1972-1973 comprises the Repatriation (Torres Strait Islanders) Act 1972 as amended by the other Act specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Repatriation (Torres
Strait Islanders) Act
1972 No. 139, 1972 2 Nov 1972 2 Nov 1972
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2. The amendments made by sections 9 to 15 (1) have been incorporated in the print of the Repatriation Act 1920-1973.