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Section 3 repealed by No. 216, 1973, s. 3.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.