Federal Register of Legislation - Australian Government

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Act No. 139 of 1972 as amended, taking into account amendments up to Act No. 129 of 1978
Registered 07 Dec 2009
Start Date 01 Nov 1978
End Date 22 May 1986
Date of repeal 22 May 1986
Repealed by Veterans' Entitlements Act 1986

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972 [Note: This Act is "repealed" by Act No. 27 of 1986]
(#DATE 31:07:1981)

- Reprinted as at 31 July 1981
*1* The Repatriation (Torres Strait Islanders) Act 1972 (a) as shown in this
reprint comprises Act No. 139, 1972 as amended by the other Acts specified in
the following table:
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Repatriation
(Torres Strait
Islanders) Act
1972 139, 1972 2 Nov 1972 2 Nov 1972
(see s. 2)
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
1978 129, 1978 26 Oct 1978 Ss. 5-11, 13, 17,
20-22, 24, 27, 31,
33, 34, 36 and
Part VII (ss.
37-42): 1 Nov 1978
Remainder: Royal
Assent -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

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

TABLE

TABLE OF PROVISIONS


PART I-PRELIMINARY


Section

1. Short title

2. Commencement

3. (Repealed)


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


4. Interpretation

5. Applications of certain Commonwealth laws in relation to Torres
Strait Islands members

6. Pensions, &c., to continue to be payable

7, 8. (Repealed)


PART III-AMENDMENTS OF THE PRINCIPAL ACT AND CONSEQUENTIAL
PROVISION


9-14. Amendments of the Repatriation Act 1920

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


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


REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972 - LONG TITLE

SECT

An Act making provision for Repatriation purposes with respect to certain Torres 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

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

SECT

PART I-PRELIMINARY

1. (1) This Act may be cited as the Repatriation (Torres Strait Islanders) Act 1972.*1*


(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 Repatriaton Act 1920-1972.


See notes to first article of this CHAPTER.

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972 - 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.*1* and *2*


Section 3 repealed by No. 216, 1973 (as amended by No. 20, 1974), s. 3
* * * * * * * *
See notes to first article of this CHAPTER.
*2* Ss. 2 and 4, definition of ''the Native Members of the Forces Benefits
Act''-Now cited as the Papua New Guinea (Members of the Forces Benefits) Act
1957.

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

SECT

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

Amended by No. 129, 1978, s. 30

SECT

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*2* 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 3 September 1939, and includes any other war in which His late Majesty became engaged after that date and before 3 September 1945;

''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.


*2* Ss. 2 and 4, definition of ''the Native Members of the Forces Benefits
Act''-Now cited as the Papua New Guinea (Members of the Forces Benefits) Act
1957.

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972 - 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 - 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.


Sections 7 and 8 repealed by No. 129, 1978, s. 31
* * * * * * * *

REPATRIATION (TORRES STRAIT ISLANDERS) ACT 1972 - SECT. 9-14.
Amendments of the Repatriation Act 1920

SECT

PART III-AMENDMENTS OF THE PRINCIPAL ACT AND CONSEQUENTIAL PROVISION
9-14.*3* * * * * * * * *

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

SECT

15. (1)*3* * * * * * * * *


(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. --------------------------------------------------------------------------------
*3* Ss. 9-15 (1)-The amendments made by sections 9 to 15 (1) have been
incorporated in the reprint of the Repatriation Act 1920.