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Repatriation Act 1920

Act No. 6 of 1920 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 07 Dec 2009
Start Date 31 Dec 1973
End Date 21 Mar 1974
Date of repeal 22 May 1986
Repealed by Veterans' Entitlements Act 1986

REPATRIATION ACT 1920
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 315 #DATE 19:12:1973)

REPATRIATION ACT 1920-1973 - TABLE OF PROVISIONS

TABLE


REPATRIATION ACT 1920-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3, 4. (Repealed)
5. Extension of Act to Territories
6. Interpretation

PART II-ADMINISTRATION

7. Commission
8. Members of Commission
9. Remuneration of Commissioners
10. Term of office of Commissioners
11. Powers and duties of Commission
12. Delegation by Commission
13. (Repealed)
14. Repatriation Boards
15. Members of Repatriation Boards
16. Suspension and removal of Commissioner or Acting Commissioner
17. Suspension and removal of member or acting member of Board
18. Offices-how vacated
19. Uncertificated insolvent not to be Commissioner, Acting
Commissioner or member of Board
20. Powers and duties of Boards
21. Commissioners and members of Boards not subject to Public Service
Act
22. (Repealed)

PART III-PENSIONS

Division 1-Grant of Pensions

23. Interpretation
24. Pensions upon death or incapacity
24A. Prosecution of claim of a deceased claimant
25. Special Magistrates
26. Powers of Commission and Boards
27. Duties of Boards
28. Appeal to Commission
29. Date of operation of determination of Commission on appeal
30. Re-grant of cancelled pension
31. Review by Commission
32. Failure of pensioner to attend at review
33. (Repealed)
34. Suspension and forfeiture of pension where pensioner imprisoned
35. Rates of pension
35AA. Rate of pension to certain dependants who are children
35A. Pensions to dependants
35B. Continuation of payment of certain war pensions after pensioner
leaves Australia
36. Payment of pensions
37. Pension for pulmonary tuberculosis
38. Reinstatement of commuted pension
39. Pension payable for limited period in certain cases
39A. Pensions to spouses to cease upon dissolution of marriage
40. Pensions to female dependants to cease upon marriage or
re-marriage
40AA. Change of status of child to be notified
40A. Gratuity to certain persons on re-marriage or marriage
41. Maximum pension payable to widowed mother
42. Pensions to certain dependent females
43. Termination of pension on request or failure to draw pension
44. Pension to divorcee of member
45. Pension payable to dependants on death of a member after
termination of war service
46. Pensions to dependants of certain deceased members
47. Determination, &c., of claims and appeals
47A. Form of determination
47B. No action for making statements in proceedings, &c.
48. Medical reports
49. Pension of member afflicted with lunacy
50. Double pension
51. Pensions payable from moneys appropriated
52. Pension absolutely inalienable
53. Offences
54. Extension of Act to British reservists, &c.

Division 2-War Pensions Entitlement Appeals

55. War Pensions Entitlement Appeal Tribunals
56. Acting members
57. Deputy Chairman
58. Quorum
59. Remuneration of members
60. Tenure
61. Suspension of member
62. Vacation of office-disqualification
63. Members of Appeal Tribunal not subject to the Commonwealth Public
Service Act
64. Appeals

Division 3-War Pension Assessment Appeals

65. Assessment Appeal Tribunals
66. Remuneration of members of Assessment Appeal Tribunal
67. Appeals to Assessment Appeal Tribunals
68. Decision of appeals
69. Effect of decision of Assessment Appeal Tribunals
70. Appeals by applicants under s. 85
71. Where decision given on false evidence

Division 4-General Provisions relating to Appeals

72. Right of appellant to appear
73. Summoning of witnesses, &c.
74. Witness failing to appear
75. Witness refusing to be sworn
76. Appointments of persons to take evidence
77. Hearing of appeals
78. Date of operation of decisions and determinations on appeal
79. Deceased or mentally afflicted person
80. Information in records may be made available to appellant
80A. Tribunal may set aside decisions in certain circumstances
81. Salaries and expenses of Tribunals
82. Reports

Division 5-Service Pensions

83. Interpretation
83A. Superannuation pension may be included in ''income''
84. Grant of service pensions
85. Pension in respect of a member permanently unemployable, &c.
85A. Claimant to be resident in Australia
86. Restrictions as to dual pensions
87. Variation of rate of service pension according to means
88, 89. (Repealed)
90. Net capital value of accumulated property
91. Disposal of property
92. Right to be paid service pension outside Australia
93. Payment of service pensions
94. Pension to widow and children of service pensioner
94A. Declaration of mental hospitals
94B. Service pensioner in mental hospital
95. Service pensioner in a public institution
96. Acquisition of property, &c., to be notified
97. Service pensioner to furnish information when required
98. Cancellation or variation of pension
98AA. Rate of supplementary allowance during period when spouse overseas
98A. Supplementary assistance
98AAA. Transitional benefit for the aged blind
98B. On death of married person, widow, widower or child to receive
certain benefits for three months

Division 6-Extension of Application of Provisions of
Divisions 1 to 5 to certain Male Members of the Forces
(1939-1945 War)

99. Extension of application of Act to certain male members of the
Forces
100. Interpretation
101. Liability of Commonwealth to pay pensions to certain male members
of the Forces
102. Extension of Division in respect of other parts of the Queen's
dominions
103. Maximum rates of pensions

Division 7-Extension of Application of Provisions of
Divisions 1 to 5 to Members of the Women's Services
(1939-1945 War)

104. Extension of application of Act to members of Women's Services
105. Interpretation
106. Pensions to dependants of members of Women's Services
107. Extension of Division in respect of other parts of the Queen's
dominions

Division 8-Extension of Application of Provisions of
Divisions 1 to 5 to certain Male Members of the Forces
(Korea and Malaya Operations)

107A. Extension of application of Act to certain male members of the
Forces
107B. Interpretation
107C. Liability of Commonwealth to pay pensions to certain male members
of the Forces
107D. Extension of Division in respect of other parts of the Queen's
dominions

Division 9-Extension of Application of Provisions of
Divisions 1 to 5 to certain Female Members of the Forces
(Korea and Malaya Operations)

107E. Extension of application of Act to members of Women's Services
107F. Interpretation
107G. Extension of Division in respect of other parts of the Queen's
dominions

Division 10-Extension of Application of Provisions of
Divisions 1 to 4 to certain Members of the Forces who
are serving or have served in the Defence Force

107H. Extension of application of Act to certain members of the Forces
107J. Definitions
107K. Regular serviceman
107L. National serviceman
107M. Liability of Australia to pay pensions to certain members of the
Forces, &c.
107N. Conditions of payment of pension to certain dependants of members
of the Forces
107P. Pensions payable to certain dependent females
107Q. Dual entitlement
107R. Persons in receipt of payments by way of compensation or damages
107S. Power to request proceedings to be taken against third party or to
take such proceedings itself
107T. Payment of damages by persons to Australia
107U. Deduction of overpayments of pension
107V. Liability to pay damages to be discharged by payments of pension

PART IV-ASSISTANCE AND BENEFITS

108. Interpretation
109. (Repealed)
110. Local Committees
110A. Voluntary winding-up of affairs of Local Committee
111. Arrangements with States for employment of State officers
112. Appeal to the Commission
113. Moneys to be appropriated
114. Contributions
114A. Acceptance of trusts
115. Audit of accounts of Local Committees
116. Priority in bankruptcy of money advanced
117. (Repealed)
118. Improper use of gifts or loans
118A. Regulations

PART V-MISCELLANEOUS

119. Arrangements with Governments of other parts of the Queen's
dominions
120. Service pensions for South African Veterans
120A. Post mortem examination
120AA. Recovery of over-payments
120B. Deduction from pensions, allowances or benefits of certain amounts
120C. Payment of pension, &c., on death of pensioner, &c.
120D. Establishment of hospitals, &c.
121. Furnishing of information
122. Report
123. Funds raised prior to Act
123A. Modification of certain other laws
123B. Interpretation
124. Regulations

SCHEDULE 1

General Pensions Rates

SCHEDULE 2
Rate for Special Pensions-One hundred and Eleven Dollars Twenty Cents per
Fortnight

SCHEDULE 3

Table A

Pensions Payable in the Case of Death of a Member of the Forces

Table B

Pensions Payable in the Case of Total Incapacity of a Member of the Forces

Table C
Pensions Payable in Cases of Partial or Specific Incapacity of Members of the
Forces

SCHEDULE 4
Rates of Pension Payable to Members of the Forces Incapacitated by Specified
Disabilities

SCHEDULE 5
Amounts and Allowances Payable to Members of the Forces suffering from Certain
Disabilities

SCHEDULE 6

Allowances Payable to Members of the Forces to whom Schedule applies

SCHEDULE 7
Conversion Factors for Calculating the Value as Property Equivalent of
Superannuation Pensions

REPATRIATION ACT 1920-1973 - SECT. 1.
Short title.

SECT

REPATRIATION ACT 1920-1973
An Act to make provision for the Repatriation of Australian Soldiers and for other purposes.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Repatriation Act 1920-1973.*

REPATRIATION ACT 1920-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall commence on a day to be fixed by Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3; section 4 repealed by No. 104, 1973, s. 3.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 5.
Extension of Act to Territories.

SECT

Substituted by No. 34, 1950, s. 4; amended by No. 216, 1973, s. 3.
5. This Act extends to the Territories.

REPATRIATION ACT 1920-1973 - SECT. 6.
Interpretation.

SECT

Sub-section (1) amended by No. 22, 1943, s. 5; No. 29, 1947, s. 3; No. 58, 1952, s. 3; No. 69, 1953, s. 3; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.
6. (1) In this Act, unless the contrary intention appears-

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

''Board'' means a Repatriation Board appointed under this Act;

''Commission'' means the Repatriation Commission appointed under this Act;

''Commissioner'' means a member of the Commission and includes an acting member of the Commission;

''Member of a Board'' includes an acting member of a Board;

''organization representing returned soldiers'' means an organization representing persons who are members of the forces as defined by section 23, 100 or 107B.
Sub-section (2) omitted by No. 2, 1973, s. 3.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 7.
Commission.

SECT

PART II-ADMINISTRATION
7. (1) For the purposes of this Act there shall be a Repatriation Commission which shall, subject to the control of the Minister, be charged with the general administration of this Act.
Amended by No. 23, 1922, s. 2.

(2) The Commission shall be a body corporate with perpetual succession and a common seal and may acquire hold and dispose of real and personal property and shall be capable of suing and being sued.

(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice and shall deem that it was duly affixed.

REPATRIATION ACT 1920-1973 - SECT. 8.
Members of Commission.

SECT

Sub-section (1) amended by No. 22, 1943, s. 6.
8. (1) The Commission shall consist of not less than three and not more than five members who shall be appointed by the Governor-General.

(2) Any organization representing returned soldiers throughout the Commonwealth may submit to the Minister a list containing the names of not less than three persons from which the organization recommends that a selection be made of a person to be appointed as one of the Commissioners, and the Governor-General may appoint a person selected from any list so submitted to be one of the Commissioners.

(3) The Governor-General shall appoint one of the Commissioners to be Chairman of the Commission.
Amended by No. 22, 1943, s. 6.

(4) In the case of the illness, or absence from Australia or absence for the purpose of performing the duties of another office, or suspension of any Commissioner, or in the event of the office of a Commissioner becoming vacant, the Governor-General may appoint a person to act during the illness, absence or suspension, or until the appointment of a Commissioner, as the case may be, and the person so acting shall have all the powers and perform all the duties of a Commissioner.

(5) At their first meeting in each calendar year the members of the Commission may elect one of their number to be deputy chairman until the first meeting of the Commission in the next calendar year.
Substituted by No. 31, 1954, s. 3.

(6) Where there is a vacancy in the office of deputy chairman of the Commission, the Commissioners present at a meeting of the Commission may elect one of their number to be deputy chairman until the next meeting of the Commission on or after the first day of January next following the date of the election.
Inserted by No. 31, 1954, s. 3.

(6A) The chairman shall preside at all meetings of the Commission at which he is present and, in the absence of the chairman, the deputy chairman shall preside.
Inserted by No. 31, 1954, s. 3.

(6B) If neither the chairman nor the deputy chairman is present at a meeting of the Commission, the Commissioners present at the meeting may elect one of their number to preside at that meeting.
Amended by No. 22, 1943, s. 6.

(7) At any meeting of the Commission two Commissioners shall form a quorum unless there are more than three Commissioners, when three Commissioners shall form a quorum.

REPATRIATION ACT 1920-1973 - SECT. 9.
Remuneration of Commissioners.

SECT

Amended by No. 120, 1968, s. 3.
9. The members of the Commission shall receive such remuneration and allowances as the Governor-General determines.*

REPATRIATION ACT 1920-1973 - SECT. 10.
Term of office of Commissioners.

SECT

Sub-section (1) amended by No. 216, 1973, s. 3.
10. (1) Subject to this Act, the members of the Commission appointed under this Act shall hold office for the term of three years, and shall be eligible for re-appointment.
Amended by No. 27, 1973, s. 9.

(2) Upon the happening of a vacancy in the office of Commissioner, the Governor-General may appoint a person to the vacant office and such person shall, subject to this Act, hold office until the expiration of the term for which his predecessor was appointed:

Provided that any appointment to fill a vacancy in the office of the Commissioner appointed in pursuance of sub-section (2) of section 8, shall be made upon a recommendation in accordance with that subsection.

REPATRIATION ACT 1920-1973 - SECT. 11.
Powers and duties of Commission.

SECT

Sub-section (1) amended by No. 68, 1956, s. 3.
11. (1) The Commission may exercise such powers, and shall perform such duties, as are conferred upon it by or under this Act or any other Act.
Amended by No. 34, 1950, s. 5; No. 68, 1956, s. 3; and No. 42, 1966, s. 12.

(2) Before exercising any power under this Act or any other Act which involves the expenditure of more than Twenty thousand dollars, the Commission shall submit its proposal for, and obtain, the approval of the Minister.
Sub-sections (3) and (4) omitted by No. 216, 1973, s. 3.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 12.
Delegation by Commission.

SECT

12. (1) The Commission may, by writing under its seal with the approval of the Minister, delegate any of its powers and functions under this Act in relation to any matters or class of matters, or to any particular State or Territory, so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters specified, or the State or Territory defined, in the instrument of delegation.

(2) Every delegation by the Commission shall be revocable in writing at will, and no delegation shall prevent the exercise of any power by the Commission.
Sub-section (3) omitted by No. 80, 1950, s. 12.
* * * * * * * *
Section 13 repealed by No. 34, 1950, s. 6.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 14.
Repatriation Boards.

SECT

14. (1) There shall be a Repatriation Board for each State to consist of three members.
Inserted by No. 60, 1970, s. 3.

(1A) Where it appears to the Governor-General that an additional Repatriation Board is required for a particular State, the Governor-General may establish an additional Repatriation Board for that State.
Amended by No. 60, 1970, s. 3.

(2) Where the Governor-General notifies by Proclamation that for the purposes of the administration of this Act any portion of a State or Territory is attached to any adjoining State the Board or Boards of that adjoining State shall be the Board or Boards of the portion so attached.*

REPATRIATION ACT 1920-1973 - SECT. 15.
Members of Repatriation Boards.

SECT

15. (1) The Governor-General shall, upon the recommendation of the Commission, as soon as conveniently practicable, appoint in each State three persons to be the members of the Board for that State.
Inserted by No. 60, 1970, s. 4.

(1A) Where a Repatriation Board is established under sub-section (1A) of the last preceding section, the Governor-General shall, upon the recommendation of the Commission, appoint three persons to be the members of that Board.
Amended by No. 34, 1950, s. 7; and No. 60, 1970, s. 4.

(2) Any organization representing returned soldiers throughout the Commonwealth, may, in respect of a Board, submit to the Commission a list, containing the names of not less than three persons, from which the organization recommends that a selection be made of a person to be appointed as one of the members of that Board, and the Governor-General may appoint a person selected from any list so submitted, recommended by the Commission, to be a member of that Board.

(3) On the happening of any vacancy in the office of a member of a Board the Governor-General shall upon the recommendation of the Commission appoint a person to the vacant office and such person shall hold office until the expiration of the term for which his predecessor was appointed:

Provided that any appointment to fill a vacancy in the office of a member appointed on the recommendation specified in the last preceding sub-section, shall be made upon a similar recommendation.

(4) The Governor-General shall appoint one of the members of a Board to be chairman of the Board.

(5) In the event of a vacancy occurring in the office of chairman of a Board the Governor-General may appoint a member of the Board to the vacant office.

(6) A member of a Board shall, subject to this Act, hold office for a term of two years and shall be eligible for re-appointment.

(7) In the case of the illness, absence from the State for which he is appointed, or suspension of a member of a Board, or in the event of the office of a member of a Board becoming vacant, the Governor-General may appoint a person to act during the illness, absence or suspension, or until the appointment of a member, as the case may be, and the person so acting shall have all the powers and perform all the duties of a member of a Board.

(8) At their first meeting in each calendar year the members of a Board may elect one of their number to be Deputy Chairman until the first meeting of the Board in the next calendar year.
Substituted by No. 31, 1954, s. 4.

(9) Where there is a vacancy in the office of Deputy Chairman of a Board, the members of the Board present at a meeting of the Board may elect one of their number to be Deputy Chairman until the first meeting of the Board on or after the first day of January next following the date of the election.
Inserted by No. 31, 1954, s. 4.

(9A) The Chairman shall preside at all meetings of a Board at which he is present and, in the absence of the Chairman, the Deputy Chairman shall preside.
Inserted by No. 31, 1954, s. 4.

(9B) If neither the Chairman nor the Deputy Chairman is present at a meeting of a Board, the members present at the meeting may elect one of their number to preside at that meeting.

(10) At any meeting of a Board two members shall form a quorum.

(11) The members of a Board shall receive such remuneration or fees as the Governor-General determines.*

REPATRIATION ACT 1920-1973 - SECT. 16.
Suspension and removal of Commissioner or Acting Commissioner.

SECT

Sub-section (1) amended by No. 22, 1943, s. 9; and No. 34, 1950, s. 8.
16. (1) The Minister may suspend a Commissioner or an Acting Commissioner from office for inability, inefficiency or misbehaviour or neglect or failure to carry out any of the provisions of this Act or the regulations.
Substituted by No. 69, 1953, s. 4.

(2) The Minister shall cause to be laid before each House of the Parliament a full statement of the grounds of suspension within seven sitting days of that House after the suspension.
Added by No. 69, 1953, s. 4.

(3) If each House of the Parliament, within fifteen sitting days of that House after the statement has been laid before it, declares by resolution that the Commissioner or Acting Commissioner, as the case may be, ought to be restored to office, he shall forthwith be restored to office by the Minister, and shall be entitled to receive the remuneration of his office for the period of his suspension.
Added by No. 69, 1953, s. 4.

(4) If resolutions of both Houses of the Parliament are not passed in accordance with the last preceding sub-section, the Governor-General shall-

(a) terminate the appointment of the Commissioner or Acting Commissioner;

(b) direct that the suspension of the Commissioner or Acting Commissioner continue for such further period as the Governor-General specifies; or

(c) direct that the suspension of the Commissioner or Acting Commissioner cease.
Added by No. 69, 1953, s. 4.

(5) Where a Commissioner or Acting Commissioner has been suspended from office by the Minister, he is not, unless he is restored to office in pursuance of the provisions of sub-section (3) of this section or the Governor-General otherwise directs, entitled to receive any remuneration in respect of the period for which he has been so suspended or any further period of suspension directed by the Governor-General.

REPATRIATION ACT 1920-1973 - SECT. 17.
Suspension and removal of member or acting member of Board.

SECT

17. (1) The Commission may suspend a member or acting member of a Board from office for inability, inefficiency or misbehaviour or neglect or failure to carry out any of the provisions of this Act or the regulations.
Substituted by No. 69, 1953, s. 5.

(2) The Commission shall, within seven days after the suspension, forward to the Minister a full statement of the grounds of suspension.
Added by No. 69, 1953, s. 5.

(3) The Governor-General may, on the recommendation of the Minister-

(a) terminate the appointment of the member or acting member;

(b) direct that the suspension of the member or acting member continue for such further period as the Governor-General specifies; or

(c) direct that the suspension of the member or acting member cease.
Added by No. 69, 1953, s. 5.

(4) Where a member or acting member has been suspended from office by the Commission, he is not, unless the Governor-General otherwise directs, entitled to receive any remuneration in respect of the period for which he has been so suspended or any further period of suspension directed by the Governor-General.

REPATRIATION ACT 1920-1973 - SECT. 18.
Offices-how vacated.

SECT

Sub-section (1) substituted by No. 22, 1943, s. 10; amended by No. 34, 1950, s. 9.
18. (1) A Commissioner or an Acting Commissioner shall be deemed to have vacated his office if, without the approval of the Governor-General, he engages, during his term of office, in any paid employment outside the duties of his office.
Inserted by No. 22, 1943, s. 10; amended by No. 34, 1950, s. 9.

(1A) Where a Commissioner or an Acting Commissioner is, with the approval of the Governor-General, appointed to any other office under the Commonwealth or an authority of the Commonwealth, he shall retain all his existing and accruing rights and shall be eligible for any additional rights conferred on Commissioners or Acting Commissioners as if his service in such office were a continuation of his term of office.
Amended by No. 22, 1943, s. 10; No. 34, 1950, s. 9; No. 46, 1961, s. 3; and No. 216, 1973, s. 3.

(2) A Commissioner, an Acting Commissioner or a member of a Board shall be deemed to have vacated his office if-

(a) he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or

(b) he is wilfully absent from duty, except on leave granted-

(i) in the case of a Commissioner or Acting Commissioner-by the Governor-General; or

(ii) in the case of a member of a Board-by the Minister,

for twenty-one consecutive days or he becomes incapable of performing his duties; or

(c) he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of more than twenty-five persons-

(i) becomes concerned or interested in any contract or agreement made by or on behalf of the Commission; or

(ii) participates, or claims to be entitled to participate, in the profit of any such contract or agreement or in any benefit or emolument arising therefrom.
Amended by No. 22, 1943, s. 10; No. 34, 1950, s. 9; and No. 42, 1966, s. 12.

(3) If a Commissioner, an Acting Commissioner or a member of a Board becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Commission, or in any way participates or claims to be entitled to participate in the profit thereof, or in any benefit or emolument arising therefrom, otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons, he shall be guilty of an indictable offence.

Penalty: One thousand dollars, or imprisonment for three years, or both.

REPATRIATION ACT 1920-1973 - SECT. 19.
Uncertificated insolvent not to be Commissioner, Acting Commissioner or member
of Board.

SECT

Amended by No. 22, 1943, s. 11; No. 34, 1950, s. 10; and No. 216, 1973, s. 3.
19. A person who is an uncertificated bankrupt shall be incapable of being appointed Commissioner, Acting Commissioner or member of a Board.

REPATRIATION ACT 1920-1973 - SECT. 20.
Powers and duties of Boards.

SECT

20. A Board may exercise such powers and shall perform such duties as are conferred on it by this Act or as are prescribed.

REPATRIATION ACT 1920-1973 - SECT. 21.
Commissioners and members of Boards not subject to Public Service Act.

SECT

Sub-section (1) amended by No. 22, 1943, s. 12; No. 34, 1950, s. 11; and No. 216, 1973, s. 3.
21. (1) The Commissioners and the members of the Boards shall not be subject to the Public Service Act 1922-1973, but if an officer of the Public Service of the Commonwealth is appointed Commissioner or member of a Board his service as Commissioner or member of a Board shall, for the purpose of determining his existing or accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and if an officer of the Public Service of a State is appointed Commissioner or member of a Board, his service as Commissioner or member of a Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth.
Sub-section (2) omitted by No. 1, 1947, s. 4.
* * * * * * * *
Section 22* repealed by No. 1, 1947, s. 4.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 23.
Interpretation.

SECT

PART III-PENSIONS
Sub-heading inserted by No. 14, 1929, s. 4.
Division 1-Grant of Pensions
Amended by No. 23, 1922, s. 3; No. 14, 1929, s. 5; No. 10, 1931, s. 44; No. 32, 1934, s. 2; No. 58, 1935, s. 4; No. 42, 1937, s. 3; No. 22, 1943, s. 14; No. 34, 1950, s. 12; No. 69, 1953, s. 6; No. 39, 1955, s. 3; No. 105, 1964, s. 3; No. 66, 1968, s. 4; No. 82, 1972, s. 3; No. 2, 1973, s. 4; and No. 27, 1973, s. 9.
23. In this Part, unless the contrary intention appears-

''Appeal Tribunal'' means a War Pensions Entitlement Appeal Tribunal established under this Part;

''Child'', in relation to a member of the Forces, means a son, step-son or adopted son, or a daughter, step-daughter or adopted daughter, of the member-

(a) who is under the age of sixteen years; or

(b) who-

(i) has attained the age of sixteen years;

(ii) is receiving full-time education at a school, college or university; and

(iii) is not in receipt of an invalid pension under Part III of the Social Services Act 1947-1972,

and includes such a child who is an ex-nuptial child of the member;

''Dependant'' means, in relation to a member of the Forces whose death or incapacity has resulted from any occurrence that happened during his war service-

(a) the wife or widow of the member;

(b) his widowed mother, if he is her unmarried son;

(c) a child of the member;

* * * * * *

(e) any other member of his family who was wholly or partly dependent upon his earnings at any time within the period of twelve months immediately preceding his enlistment or appointment;

(f) any parent of the member who is, at any time after such an occurrence that resulted in the member's death, without adequate means of support;

(g) any ex-nuptial child (wholly or partly dependent upon the earnings of the member at any time within the period of twelve months immediately preceding his enlistment or appointment) of a son or daughter of the member; and

(h) the parent or grandparent of the member (wholly or partly dependent upon the earnings of the member at any time within the period of twelve months immediately preceding his enlistment or appointment) if the member is an ex-nuptial child;

''Dependent female'', in relation to a member of the Forces, means a woman who-

(a) is, or was at the time of the member's death, living with the member as his wife on a permanent and bona fide domestic basis, although not legally married to him;

(b) has, at any time, so lived with him for a continuous period of not less than three years; and

(c) is, or was at the time of the death of the member, wholly or partly dependent on him;

''Discharge'' includes termination of appointment;

''Incapacity'' includes incapacity of a member of the Forces that arose from disease, not due to the serious default of the member, contracted by him while employed on war service;

''Instalment'' means an instalment of a pension;

''Member of the Forces'' or ''Returned Soldier'' means a person who, during the present war, was-

(a) a member of the Commonwealth Naval or Military Forces enlisted or appointed for or employed on active service outside Australia or employed on a ship of war;

(b) a member of the Army Medical Corps Nursing Service who was accepted or appointed by the Director-General of Medical Services for service outside Australia; or

(c) enlisted or appointed for service in connexion with naval or military preparations or operations;

''Member of a family'' means wife, father, mother, adoptive father, adoptive mother, grandfather, grandmother, step-father, step-mother, foster-mother, son (including an adopted son and an ex-nuptial son), daughter (including an adopted daughter and an ex-nuptial daughter), grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, step-brother, step-sister, adoptive brother, adoptive sister or mother-in-law;

''Other dependants'' means dependants of a member of the Forces other than his wife (or widow) and children;

''Parents'' includes-

(a) the mother of a member of the Forces who was born out of wedlock and brought up by her,

(b) the stepmother or adoptive mother of a member of the Forces who was brought up by her, and

(c) the foster mother of a member of the Forces;

''Pension'' means a pension under this Act, and includes a service pension, and the amounts and allowances specified in the Schedules;

''Permanently unemployable'' means permanently incapable, by reason of physical or mental disablement, of being employed in a remunerative occupation in which, in the opinion of the Commission, he can reasonably be expected to obtain regular employment;

''Served in a theatre of war'' means served at sea, in the field or in the air, in naval, military or aerial operations against the enemy in an area, or on an aircraft or ship of war, at a time when danger from hostile forces of the enemy was incurred in that area or on that aircraft or ship of war by the person so serving;

''Service pension'' means a pension granted under Division 5 of Part III;

''Step-son'' or ''Step-daughter'', in relation to a member of the Forces, means a step-son or step-daughter of a member, being-

(a) where the member is or was a male person-a child whose father is dead;

(b) where the member is or was a female person-a child whose mother is dead; or

(c) a child the marriage of whose parents has been dissolved and in respect of whom the Commission is satisfied that he or she-

(i) is in the custody, care and control of, or is being maintained by, the member;

(ii) if the member is dead, was in the custody, care and control of, or was being maintained by, the member at the time of the member's death; or

(iii) if the member, being a male person, is dead, is in the custody, care and control of, or is being maintained by, the member's widow;

''The present war'' means the war which commenced on 4th August, 1914;

''Unmarried member of the Forces''* does not include a member with respect to whom a dependent female is receiving a pension;

''War service''* means the service, during the present war, of a member of the Forces;

''Widow'' includes a dependent female of a deceased member;

''Wife'' includes a dependent female of a living member.

REPATRIATION ACT 1920-1973 - SECT. 24.
Pensions upon death or incapacity.

SECT

Sub-section (1) amended by No. 10, 1931, s. 45; No. 58, 1935, s. 5; No. 34, 1950, s. 13; No. 69, 1953, s. 7; No. 58, 1959, s. 3; and No. 105, 1964, s. 4.
24. (1) Upon the death or incapacity-

(a) of any person, to whom paragraph (a) or (b) of the definition of ''Member of the Forces'' applies, whose death or incapacity-

(i) results or has resulted from any occurrence that happened during his war service;

(ii) does not arise from intentionally self-inflicted injuries; and

(iii) does not arise from, or from any occurrence that happened during the commission of, any serious breach of discipline by that person, and

(b) of any person to whom paragraph (c) of the definition of ''Member of the Forces'' applies, whose death or incapacity results or has resulted from his employment in connexion with naval or military preparations or operations,
the Commonwealth shall, subject to this Act, be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with this Division:

Provided that-

(a) a claim for payment of a pension in accordance with this Division is made-

(i) in case of the death of a member of the Forces-by a dependant not more than six months after the date of the death of the member, except in the case of parents who though not dependent upon the earnings of the member at the time of his death are at any time without adequate means of support; and

(ii) in case of the incapacity of a member of the Forces-by the member or a dependant not more than six months after the discharge of the member,

except where the Commission is satisfied that failure to make the claim within the prescribed period was owing to some reason which in the opinion of the Commission is adequate;

(b) the right of any person to payment by way of pension in accordance with this Division shall be substituted for his right to any payment in respect of incapacity or death, which, but for this Act, would have been due under the Defence Act 1903-1918 or the Naval Defence Act 1910-1918, and any right of that person under either of those Acts shall be by force of this Act determined; and

(c) if the member or any of his dependants is entitled to receive, or receives, under-

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

(ii) the law of a State,

any payment in respect of incapacity or death resulting from employment in connexion with warlike operations in which the armed forces of the Sovereign have been engaged since the commencement of the present war, the rate or the amount of that payment shall be taken into account in assessing the rate of pension payable under this Act.
Added by No. 34, 1921, s. 2; amended by No. 58, 1935, s. 5; No. 22, 1943, s. 15; and No. 34, 1950, s. 13.

(2) Notwithstanding that the origin of the cause of the death or incapacity of a member of the Forces, who, after enlistment with those Forces, served in camp in Australia for at least six months or embarked for active service with those Forces overseas, existed prior to his enlistment, where, in the opinion of a Board-

(a) the incapacity from which the member is suffering or from which he has died has been contributed to in any material degree, or has been aggravated, by the conditions of his war service; and

(b) neither the death or incapacity, nor the origin of the cause of the death or incapacity, was due to the serious default or wilful act of the member,
the Commonwealth shall, subject to this Act, be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with this Division.
Substituted by No. 69, 1953, s. 7.

(3) Where a pension is granted under this Division, the Commission or a Board may, subject to this Act, approve of the payment of the pension from and including a date not earlier than three months before the date of lodgment of the claim for pension.

REPATRIATION ACT 1920-1973 - SECT. 24A.
Prosecution of claim of a deceased claimant.

SECT

Substituted by No. 2, 1973, s. 5.
24A. On the death of a claimant for payment of a pension in accordance with this Division or, if the death occurred before the commencement of this section, on the commencement of this section, the legal personal representative of the claimant or, if there is no legal personal representative of the claimant, a person approved by the Commission as the representative of the claimant may, for the purpose of procuring payment of pension, or payment of pension at a higher rate, in respect of a period before the death of the claimant, take such action as the claimant could have taken after the commencement of this section if he had not died and, for that purpose, shall be treated as if he were the claimant.*

REPATRIATION ACT 1920-1973 - SECT. 25.
Special Magistrates.

SECT

25. (1) The Governor-General may appoint such Special Magistrates of the Commonwealth as he thinks necessary for the purposes of this Act.
Amended by No. 34, 1950, s. 14.

(2) The person for the time being holding office as Special Magistrates under the Social Services Consolidation Act 1947-1950 shall be deemed to have been appointed to the offices under this Act corresponding respectively to the offices held by them under that Act.
Added by No. 34, 1950, s. 14.

(3) A Special Magistrate appointed or deemed to have been appointed under this section shall have such powers, duties and functions as are conferred or imposed upon him by the regulations.

REPATRIATION ACT 1920-1973 - SECT. 26.
Powers of Commission and Boards.

SECT

26. (1) The Chairman of the Commission or of a Board may-

(a) summon witnesses;

(b) take evidence on oath; and

(c) require the production of documents.
Substituted by No. 34, 1950, s. 15; amended by No. 42, 1966, s. 12.

(2) A person who has been summoned to appear as a witness before the Commission or a Board shall not, without reasonable excuse, and after tender of reasonable expenses, fail to appear in answer to the summons.

Penalty: Forty dollars.
Substituted by No. 34, 1950, s. 15; amended by No. 42, 1966, s. 12.

(3) A person who appears before the Commission or a Board as a witness in answer to a summons shall not, without reasonable excuse, refuse to be sworn.

Penalty: One hundred dollars.
Added by No. 34, 1950, s. 15.

(4) A person who appears before the Commission or a Board as a witness otherwise than in answer to a summons may be requested by the Commission or the Board to give evidence on oath, and, if he declines to be sworn, his evidence shall not be received.
Added by No. 34, 1950, s. 15; amended by No. 42, 1966, s. 12.

(5) A person who has been sworn as a witness before the Commission or a Board shall not, without reasonable excuse, refuse to produce documents or to answer truthfully questions which he is required to answer.

Penalty: One hundred dollars.
Added by No. 34, 1950, s. 15.

(6) Whenever a witness to be examined before the Commission or a Board conscientiously objects to take an oath, he may, instead of taking the oath, make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth, to all questions asked him, and an affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.
Added by No. 34, 1950, s. 15.

(7) In this section, ''reasonable excuse'' means, in relation to an act or omission, an excuse that would excuse an act or omission of a similar nature by a witness or a person summoned as a witness before a court of law.

REPATRIATION ACT 1920-1973 - SECT. 27.
Duties of Boards.

SECT

Sub-section (1) amended by No. 32, 1934, s. 3; No. 58, 1935, s. 6; No. 37, 1940, s. 4; No. 22, 1943, ss. 16 and 52; No. 34, 1950, s. 16; and No. 27, 1973, s. 9.

27. (1) Each Board shall be charged with the duties of-

(a) determining whether the incapacity from which a member of the Forces is suffering or from which he has died-

(i) in fact resulted from an occurrence that happened during his war service;

(ii) in fact resulted from his employment in connexion with naval or military preparations or operations;

(iii) arose out of or is attributable to his war service; or

(iv) has been contributed to in any material degree, or has been aggravated, by the conditions of his war service,

and in the case of incapacity the nature and extent thereof;

* * * * * * * *

(c) determining the extent to which persons alleged to be dependent upon a member of the Forces were in fact so dependent;

(d) assessing, from time to time, the rates of pensions of members of the Forces and their dependants, and determining the dates of the commencement and cessation of such pensions;

(e) determining, in such cases as the Board thinks proper, that payment of pension shall be suspended and fixing the date of any such suspension;

(f) determining the date of re-commencement of payment of a pension which has been suspended;

(g) determining whether a member of the Forces served in a theatre of war;

(h) determining whether a member of the Forces has reached an age specified in section 84 in relation to such a member;

(i) determining whether a member of the Forces is permanently unemployable; and

(j) determining whether a member of the Forces is suffering from pulmonary tuberculosis.
Substituted by No. 58, 1935, s. 6.

(2) The Commission may, in such cases as it thinks fit, make any determination or assessment specified in paragraphs (a) to (j) (inclusive) of the last preceding sub-section, and may, at any time, direct that any particular case or cases of a particular class be referred to it for assessment or determination.

REPATRIATION ACT 1920-1973 - SECT. 28.
Appeal to Commission.

SECT

28. An appeal shall lie to the Commission from any assessment or determination of a Board under this Part.

REPATRIATION ACT 1920-1973 - SECT. 29.
Date of operation of determination of Commission on appeal.

SECT

Inserted by No. 10, 1931, s. 46.
Sub-section (1) amended by No. 22, 1943, s. 17; No. 75, 1962, s. 3; and No. 47, 1963, s. 3.
29. (1) Where a claim for pension has been rejected and upon subsequent application or appeal to the Commission, being an appeal from a determination of a Board lodged later than three months after the making of the determination, a pension is granted to the claimant, the pension shall not be payable in respect of any period prior to the period of six months immediately preceding the date of lodgment of the application or appeal upon which the pension was granted.
Added by No. 139, 1972, s. 9.

(2) The last preceding sub-section does not apply in relation to a person whose claim for pension was rejected by a Board but subsequently granted on appeal to the Commission if-

(a) the person was, at any time during the period of three months after the determination of the Board, a resident of the Torres Strait Islands; and

(b) the appeal to the Commission was lodged within a further three months after the expiration of the period referred to in the last preceding paragraph.

REPATRIATION ACT 1920-1973 - SECT. 30.
Re-grant of cancelled pension.

SECT

Inserted by No. 10, 1931, s. 46.
Sub-section (1) amended by No. 32, 1934, s. 4; and No. 22, 1943, s. 18.
30. (1) Where a pension has been cancelled and the pensioner, upon an application for re-instatement of his pension, is again granted a pension, payment of the pension so granted shall not be made in respect of any period prior to the date of the commencement of the period of six months immediately preceding the date of the latest application for re-instatement.
Amended by No. 32, 1934, s. 4; and No. 22, 1943, s. 18.

(2) Where a pension has been voluntarily relinquished either wholly or in part and the pensioner applies for the restoration of the pension or part thereof so relinquished, the pension or part thereof shall, subject to this Act, be restored, but the restoration shall not operate in respect of any period prior to the date of the commencement of the period of six months immediately preceding the date of the latest application.

REPATRIATION ACT 1920-1973 - SECT. 31.
Review by Commission.

SECT

Sub-section (1) amended by No. 58, 1935, s. 7; and No. 34, 1950, s. 17.
31. (1) Whenever it appears to the Commission that, under this Act, sufficient reason exists for reviewing any assessment, decision or determination in relation to pension under this Division the Commission may review the assessment, decision or determination.
Added by No. 34, 1950, s. 17.

(2) Whenever, in pursuance of the last preceding sub-section, the Commission reviews an assessment, decision or determination, and varies or revokes the assessment, decision or determination, as the case may be, the Commission shall specify the date from which the variation or revocation shall operate and it shall operate accordingly.

REPATRIATION ACT 1920-1973 - SECT. 32.
Failure of pensioner to attend at review.

SECT

Amended by No. 32, 1934, s. 5; No. 58, 1935, s. 8; and No. 34, 1950, s. 10.
32. Where any assessment, decision or determination in relation to the pension payable to a member of the Forces under this Division is to be reviewed, and the member refuses or fails to attend at the time and place fixed by the Commission or a Board for the review, or by his default renders it impossible to review the assessment, decision or determination, the Commission may cancel the pension, and any pensions payable under this Division to the dependants of the member shall not be continued for more than twelve months from the date fixed for the review:

Provided that, where, in the opinion of the Commission, the incapacity of the member is of a permanent nature, the Commission may continue the pension to any dependant for such period as it thinks proper.
Section 33 repealed by No. 34, 1950, s. 19.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 34.
Suspension and forfeiture of pension where pensioner imprisoned.

SECT

Substituted by No. 69, 1953, s. 8.
34. (1) If a pensioner is convicted of an offence and sentenced to a period of imprisonment, the Commission may order the suspension or forfeiture of all instalments of the pension accruing due during the period for which he is imprisoned or a part of that period.

(2) Where suspension or forfeiture of an instalment of a pension is ordered in pursuance of the last preceding sub-section, the Commission may, if it thinks fit, pay the whole or a part of the instalment to-

(a) a dependant of the pensioner; or

(b) a person, not being a dependant of the pensioner, who, in the opinion of the Commission, is or has been dependent upon the pensioner for support.

REPATRIATION ACT 1920-1973 - SECT. 35.
Rates of pension.

SECT

Sub-section (1) substituted by No. 58, 1952, s. 5; amended by No. 82, 1972, s. 4; No. 27, 1973, s. 9; and No. 104, 1973, s. 4.
35. (1) Subject to the next succeeding section, the rates of pension payable under this Division and Divisions 6 to 10 (inclusive) are those specified in the Schedules.
Sub-sections (1A), (1B), (1C), (1D) and (1E) omitted by No. 58, 1952, s. 5.
* * * * * * * *
Substituted by No. 58, 1935, s. 11.

(2) The amount of any such pension granted and payable to a member of the Forces shall not be reduced within the period of six months from the date of the commencement of the pension.

REPATRIATION ACT 1920-1973 - SECT. 35AA.
Rate of pension to certain dependants who are children.

SECT

Inserted by No. 82, 1972, s. 5.
35AA. (1) This section applies to a dependant of a member of the Forces-

(a) who is a child of the member;

(b) who has attained the age of sixteen years; and

(c) to or in respect of whom a maintenance or living allowance or a salary is payable by the Commonwealth under the Soldiers' Children Education Scheme or under any other scheme for assistance by the Commonwealth in the education or training of children.
Amended by No. 27, 1973, s. 9; and No. 104, 1973, s. 5.

(2) Where the maintenance or living allowance or the salary payable by the Commonwealth to or in respect of a dependant to whom this section applies-

(a) is payable under the Soldiers' Children Education Scheme; or

(b) is payable under a scheme other than the Soldiers' Children Education Scheme at a fortnightly rate that equals or exceeds the fortnightly rate of the corresponding Soldiers' Children Education Scheme allowance in relation to that dependant,
no pension is payable to or in respect of that dependant under this Division or Division 6, 7, 8, 9 or 10.
Amended by No. 27, 1973, s. 9; and No. 104, 1973, s. 5.

(3) Where-

(a) the maintenance or living allowance or the salary payable by the Commonwealth to or in respect of a dependant to whom this section applies is payable under a scheme other than the Soldiers' Children Education Scheme; and

(b) the amount of the fortnightly rate of that maintenance or living allowance or that salary is less than the amount of the fortnightly rate of the corresponding Soldiers' Children Education Scheme allowance in relation to that dependant,
the fortnightly instalment of the pension payable to that dependant under this Division or Division 6, 7, 8, 9 or 10 shall not exceed the amount by which the first-mentioned amount referred to in paragraph (b) is less than the other amount referred to in that paragraph.

(4) In this section-

''the corresponding Soldiers' Children Education Scheme allowance'', in relation to a dependant who is not an eligible child for the purposes of the Soldiers' Children Education Scheme, means the maintenance or living allowance that would be payable to or in respect of the dependant under the Soldiers' Children Education Scheme if the dependant were an eligible child for the purposes of that Scheme;

''the Soldiers' Children Education Scheme'' means the Soldiers' Children Education Scheme prepared by the Commission in accordance with the regulations.

REPATRIATION ACT 1920-1973 - SECT. 35A.
Pensions to dependants.

SECT

Inserted by No. 80, 1950, s. 12.
35A. (1) A pension shall not be granted or continued under this Act to a person who is a dependant, within the meaning of this Part, of a member of the Forces, unless the dependant is, in the opinion of the Commission, without adequate means of support.
Amended by No. 2, 1973, s. 6.

(2) The last preceding sub-section shall not apply-

(a) to the widow or wife or a child of a member of the Forces;

(b) to the unmarried mother of a deceased unmarried member of the Forces who was brought up by her;

(c) to the widowed mother of a deceased unmarried member of the Forces if she became a widow either prior to, or within three years after, the death of the member; or

(d) to the widowed mother of a deceased unmarried member of the Forces who was born out of wedlock and brought up by her if she became a widow either prior to, or within three years after, the death of the member.

REPATRIATION ACT 1920-1973 - SECT. 35B.
Continuation of payment of certain war pensions after pensioner leaves
Australia.

SECT

Inserted by No. 27, 1973, s. 3.
35B. Sections 85A and 92 apply in relation to-

(a) a pension to which section 35A applies; and

(b) a pension payable in accordance with Table A in the Third Schedule the rate of which is required to be assessed having regard to the maximum rate of age pension under sub-section (1A) of section 28 of the Social Services Act 1947-1973,
as if those pensions were service pensions.

REPATRIATION ACT 1920-1973 - SECT. 36.
Payment of pensions.

SECT

Inserted by No. 58, 1935, s. 11.
36. (1) Pensions payable under this Act shall be payable in fortnightly instalments which may be paid in advance.

(2) The instalment of a pension covering a period of less than a fortnight shall be in proportion to the number of days in a fortnight.
Added by No. 47, 1958, s. 4; amended by No. 27, 1973, s. 9.

(3) In this section, ''pension'' includes an allowance under section 98A.

REPATRIATION ACT 1920-1973 - SECT. 37.
Pension for pulmonary tuberculosis.

SECT

Sub-section (1) inserted by No. 32, 1934, s. 6; amended by No. 58, 1935, s. 12; No. 34, 1950, s. 21; No. 58, 1952, s. 6; No. 27, 1973, s. 9; and No. 104, 1973, s. 6.
37. (1) The rate of pension payable under this Division to a member of the Forces in respect of incapacity caused by pulmonary tuberculosis shall be not less than the rate specified in Column 3 of the table in Schedule 1.
Inserted by No. 32, 1934, s. 6.

(2) Any such pension shall not be terminated or reduced below the rate so specified unless it is shown that the pension was obtained by fraud or impersonation.
Added by No. 22, 1943, s. 19; amended by No. 34, 1950, s. 21; and No. 27, 1973, s. 9.

(3) Where a member of the Forces-

(a) served in a theatre of war; and

(b) at any time after his discharge from the Forces, became or becomes incapacitated, or died or dies, from pulmonary tuberculosis,
and pension in respect of the incapacity or death would not, but for this sub-section, be payable, the Commonwealth shall, subject to this Act and upon receipt of an application in writing, be liable to pay to the member or his dependants, or both, as the case may be, from the date of the application, pension in accordance with Division 1 as if the incapacity or death resulted from an occurrence that happened during his war service.
Added by No. 31, 1954, s. 6.

(4) Where, after an application for a pension under the last preceding sub-section has been made by a member, an application for such a pension is made by or on behalf of a dependant of the member, the Commission or a Board may approve of the payment of such a pension to that dependant from and including a date not earlier than three months before the date of the application for the pension to that dependant, and not earlier than the date of the application by the member for his pension.

REPATRIATION ACT 1920-1973 - SECT. 38.
Reinstatement of commuted pension.

SECT

Inserted by No. 58, 1935, s.13; amended by No. 27, 1973, s. 9.
38. Where a member of the Forces-

(a) has, in pursuance of section 32 of the Australian Soldiers' Repatriation Act 1920, or of that Act as subsequently amended, or in pursuance of section 9 of the War Pensions Act 1914, or of that Act as subsequently amended, received payment of a lump sum in substitution for pension payable to him under either of those Acts, or under either of those Acts as subsequently amended; and

(b) is suffering from any incapacity in respect of which, but for the payment of that lump sum, he would be entitled to a pension in accordance with this Division,
the Commission may, upon receipt of an application in writing by that member (whether received before or after the commencement of this section) grant a pension, in accordance with this Division, to that member:

Provided that any pension so granted shall not be payable in respect of any period prior to the date of the commencement of this section or the date of the receipt by the Commission of the application for the pension, whichever last happens.

REPATRIATION ACT 1920-1973 - SECT. 39.
Pension payable for limited period in certain cases.

SECT

Sub-section (1) amended by No. 10, 1931, s. 47; No. 34, 1950, s. 22; and No. 82, 1972, s. 6.
39. (1) A pension payable to any dependant (other than the wife or widow, or a child, of a member of the Forces) who at the date of the granting of the pension is under sixteen years of age shall cease upon the pensioner attaining that age.
Inserted by No. 82, 1972, s. 6.

(1A) A pension payable to a dependant of a member of the Forces by reason of his being a child of the member ceases to be payable when the dependant ceases to be such a child.

(2) Except in the case of a child, or of the wife, widow, father, mother, step-mother, foster-mother, grandfather, or grandmother of a member of the Forces, or of the mother of a member of the Forces who was born out of wedlock, no pension shall be payable for a period exceeding two years to any dependant who, in the opinion of the Commission or a Board, as the case may be, is able to earn a livelihood.

(3) A pension which has been discontinued in pursuance of the last preceding sub-section shall not, after such discontinuance, be renewed.
Substituted by No. 39, 1955, s. 4; amended by No. 27, 1973, s. 9; and No. 104, 1973, s. 7.

(4) Where-

(a) a pension granted under this Division to a person, being a child, terminates;

(b) the person makes application for a further pension; and

(c) the Commission is satisfied that the person was, at the time at which the pension terminated, unable to earn a livelihood and has continued from that time to be unable to earn a livelihood,
the person shall be granted a pension at such rate as is assessed by the Commission, but not exceeding the rate specified in Column 1 of the table in Schedule 1.
Sub-section (5) omitted by No. 39, 1955, s. 4.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 39A.
Pensions to spouses to cease upon dissolution of marriage.

SECT

Inserted by No. 68, 1956, s. 4.
39A. If the marriage of a member of the Forces is dissolved, otherwise than by death, a pension to which the former spouse of the member was entitled as the spouse of the member shall thereupon cease.

REPATRIATION ACT 1920-1973 - SECT. 40.
Pensions to female dependants to cease upon marriage or re-marriage.

SECT

Amended by No. 10, 1931, s. 48.
40. A pension payable under this Act to any female dependant of a member of the Forces shall not be continued after her marriage or re-marriage.

REPATRIATION ACT 1920-1973 - SECT. 40AA.
Change of status of child to be notified.

SECT

Inserted by No. 82, 1972, s. 7.
40AA. (1) This section applies to a dependant of a member of the Forces who-

(a) is a child of the member;

(b) has attained the age of sixteen years; and

(c) is in receipt of a pension, other than a service pension.

(2) Where a dependant to whom this section applies-

(a) ceases to receive full-time education at a school, college or university;

(b) commences to receive an invalid pension under Part III of the Social Services Act 1947-1972; or

(c) commences to receive a maintenance or living allowance or a salary payable by the Commonwealth under any scheme for assistance by the Commonwealth in the education or training of children, or to receive that allowance or salary at a higher rate than before,
the person who has the custody, care and control of that dependant shall, within fourteen days after that dependant so ceases or so commences, notify the Commission or a Board accordingly.

(3) Where a dependant to whom this section applies ceases to be in the custody, care and control of a person, that person shall, within fourteen days after that dependant so ceases, notify the Commission or a Board accordingly.

Penalty: Forty dollars.

REPATRIATION ACT 1920-1973 - SECT. 40A.
Gratuity to certain persons on re-marriage or marriage.

SECT

Inserted by No. 34, 1950, s. 23.
Sub-section (1) amended by No. 31, 1951, s. 3; and No. 27, 1973, s. 9.
40A. (1) Where a person who-

(a) is in receipt of a pension under this Division as the widow of a member of the Forces;

(b) being the widow of a member of the Forces, is in receipt of a pension under section 45; or

(c) is in receipt of a pension under section 42 in respect of a member of the Forces who has died or dies,
re-marries or marries, that person may be paid a gratuity equal to twenty-six instalments of pension at the rate payable to her in respect of that member immediately prior to her re-marriage or marriage, as the case may be.
Added by No. 31, 1951, s. 3.

(2) For the purposes of the last preceding sub-section, a person shall be deemed to be in receipt of a pension if she lodged a claim for payment of a pension, or makes application for the gratuity, within twelve months after, her re-marriage or marriage, as the case may be, and a pension would have been payable to her if her entitlement had been determined before that re-marriage or marriage.

REPATRIATION ACT 1920-1973 - SECT. 41.
Maximum pension payable to widowed mother.

SECT

Substituted by No. 34, 1950, s. 24.
Sub-section (1) amended by No. 104, 1973, s. 8.
41. (1) In the case of a widowed mother of two or more members of the Forces whose deaths result or have resulted from occurrences that happened during their respective periods of war service, the rate of pension payable to the widowed mother in respect of their deaths shall, except as provided in the next succeeding sub-section, be the rate of pension payable under this Division in respect of the death of any one of those members.

(2) If the widowed mother was dependent upon one or more of the members, she may be granted further pension, but the maximum rate of pension payable to her shall not exceed the total rate of the pensions payable under this Division in respect of the deaths of one member and the other members upon whom she was dependent.

REPATRIATION ACT 1920-1973 - SECT. 42.
Pensions to certain dependent females.

SECT

Substituted by No. 34, 1950, s. 24.
Sub-section (1) amended by No. 27, 1973, s. 9.
42. (1) Where, at the time of the occurrence during his war service of an event that resulted in the incapacity or death of a member of the Forces (including a member of the Forces within the meaning of section 100 or section 107B), a person was recognized as the wife of the member though not legally married to him, and the Commission is satisfied that that person was wholly or partly dependent upon the earnings of the member, a pension under this Division may be paid to that person at a rate not exceeding the rate of pension which would have been payable to her under this Division 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 the widow, as the case may be, of the member of the Forces.

REPATRIATION ACT 1920-1973 - SECT. 43.
Termination of pension upon request or failure to draw pension.

SECT

Substituted by No. 69, 1953, s. 9.
43. (1) Where a member of the Forces or a dependant of a member of the Forces has, in writing, requested the Commission or a Board to cancel a pension granted to that member or dependant, as the case may be, the Commission or Board may cancel the pension.

(2) Where a dependant of a member of the Forces has, for a continuous period of not less than six months, failed to draw a pension granted to him, the Commission or a Board may cancel the pension.

REPATRIATION ACT 1920-1973 - SECT. 44.
Pension to divorcee of member.

SECT

Substituted by No. 34, 1950, s. 25; amended by No. 27, 1973, s. 9.
44. Where a person was the wife of a member of the Forces (including a member of the Forces within the meaning of section 100 or section 107B), has been divorced and, at the time of the occurrence during the member's war service of an event that resulted in his incapacity or death, was dependent upon alimony payable by the member, a pension 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 ACT 1920-1973 - SECT. 45.
Pension payable to dependants on death of a member after termination of war
service.

SECT

Substituted by No. 34, 1950, s. 25.
Sub-section (1) substituted by No. 64, 1965, s. 3.
45. (1) Where a member of the Forces has died or dies, after the termination of his war service, from causes other than the result of an occurrence that happened during his war service and a pension-

(a) was being paid, or was payable, to a dependant of the member under this Division immediately before the death of the member; or

(b) would have been payable to a dependant of the member under this Division immediately before the death of the member if-

(i) in a case where a claim for pension had been lodged by the dependant, but had not been determined, before the death of the member-it had been so determined;

(ii) in a case where a claim for pension had not been lodged by the dependant before the death of the member-a claim for pension had been lodged by the dependant, and had been determined, before the death of the member; or

(iii) in a case where the dependant is a posthumous child of the member-the dependant had been born, and a claim for pension had been lodged by him, and had been determined, before the death of the member,
the dependant is entitled to receive that pension.
Amended by No. 27, 1973, s. 9.

(2) Where a member of the Forces has died or dies from causes other than the result of an occurrence that happened during his war service and has left or leaves a widow who married him at any time on or after 2nd October, 1931, and before the date of the commencement of this sub-section or a child born to him during that period, the widow and any such child shall, subject to this Act, be entitled to receive such pension (if any) as could have been granted to them under this Division if, prior to the death of the member, they had been dependants and had applied for the pension.
Added by No. 46, 1961, s. 5.

(3) The rate of a pension which a person is entitled to receive under this section by virtue of the death of a member of the Forces is the rate at which pension would have been paid or payable to that person if the member of the Forces had not died and the nature and extent of his incapacity had remained as they were immediately prior to his death.

REPATRIATION ACT 1920-1973 - SECT. 46.
Pensions to dependants of certain deceased members.

SECT

Substituted by No. 34, 1950, s. 25.
Sub-section (1) amended by No. 68, 1956, s. 6; No. 27, 1973, s. 9; and No. 104, 1973, s. 28.
46. (1) Where a member of the Forces has died or dies, after the termination of his war service, from causes other than the result of an occurrence that happened during his war service and the member, immediately prior to his death, was in receipt of-

(a) a pension under Schedule 2; or

(b) an amount in respect of a disability described in any of the first eight items in Column 1 of the table in paragraph one of Schedule 5,
the dependants of that member shall, subject to this Act, be entitled to receive, as from the death of the member, such pensions as would have been payable to them if the member's death had resulted from an occurrence that happened during his war service.
Added by No. 47, 1958, s. 5.

(2) Where-

(a) a member of the Forces was not, immediately prior to his death, in receipt of a pension or an amount referred to in paragraph (a) or (b) of the last preceding sub-section; and

(b) by virtue of a determination, decision or assessment made under this Act after his death such a pension or amount becomes payable in respect of the member for a period terminating immediately prior to his death,
the member shall, for the purposes of the last preceding sub-section, be deemed to have been in receipt of such a pension or amount immediately prior to his death.

REPATRIATION ACT 1920-1973 - SECT. 47.
Determination, &c., of claims and appeals.

SECT

Substituted by No. 22, 1943, s. 21.
47. (1) The Commission, a Board, an Appeal Tribunal and an Assessment Appeal Tribunal, in hearing, determining or deciding a claim, application or appeal, shall act according to substantial justice and the merits of the case, shall not be bound by technicalities or legal forms or rules of evidence and shall give to the claimant, applicant or appellant the benefit of any doubt-

(a) as to the existence of any fact, matter, cause or circumstance which would be favourable to the claimant, applicant or appellant; or

(b) as to any question whatsoever (including the question whether the incapacity from which the member of the Forces is suffering or from which he has died was contributed to in any material degree, or was aggravated, by the conditions of his war service) which arises for decision under his claim, application or appeal.

(2) It shall not be necessary for the claimant, applicant or appellant to furnish proof to support his claim, application or appeal but the Commission, Board, Appeal Tribunal or Assessment Appeal Tribunal determining or deciding the claim, application or appeal shall be entitled to draw, and shall draw, from all the circumstances of the case, from the evidence furnished and from medical opinions, all reasonable inferences in favour of the claimant, applicant or appellant, and in all cases whatsoever the onus of proof shall lie on the person or authority who contends that the claim, application or appeal should not be granted or allowed to the full extent claimed.

REPATRIATION ACT 1920-1973 - SECT. 47A.
Form of determination.

SECT

Inserted by No. 104, 1973, s. 9.
47A. (1) The regulations may provide that this section is to apply in relation to the authority or authorities specified in any of the following paragraphs:-

(a) the Repatriation Boards;

(b) the Repatriation Commission;

(c) the War Pensions Entitlement Appeal Tribunals;

(d) the Assessment Appeal Tribunals.

(2) Where an authority in relation to which this section applies makes in proceedings before it a determination that relates, in whole or in part, to a prescribed matter, the authority shall cause to be prepared a written record of the determination, containing a statement of the reasons for the determination, so far as it relates to the prescribed matter, including any findings of fact in relation to the prescribed matter.

(3) An authority that makes a determination referred to in subsection (2)-

(a) shall file the determination with the records of the case; and

(b) shall furnish a copy of the determination to the claimant or to a person authorized by the claimant.

(4) In this section-

''claimant'' includes an applicant and an appellant (including a person who is to be treated as an appellant by virtue of sub-section (4B) of section 72) and a person affected by an assessment, decision or determination under review by the Commission under section 31;

''determination'' includes a decision and an assessment;

''prescribed matter'' means a matter referred to in sub-section (1) of section 27 that is declared by the regulations to be a prescribed matter for the purposes of this section;

''proceedings'' means proceedings in relation to a claim, application or appeal referred to in section 47 or in relation to a review under section 31.

REPATRIATION ACT 1920-1973 - SECT. 47B.
No action for making statements in proceedings, &c.

SECT

Inserted by No. 104, 1973, s. 9.
47B. No action or proceeding, civil or criminal (other than proceedings for perjury) lies against any person in respect of-

(a) the making of any statement, the expressing of any opinion or the making of any determination, decision or assessment in proceedings in relation to a claim, application or appeal referred to in section 47 or in relation to a review under section 31; or

(b) the furnishing under sub-section (3) of section 47A of a document.

REPATRIATION ACT 1920-1973 - SECT. 48.
Medical reports.

SECT

Inserted by No. 22, 1943, s. 21.
Sub-section (1) amended by No. 34, 1950, s. 26.
48. (1) A medical practitioner shall, in reporting on any claim in relation to a member of the Forces, set out in his report his opinion-

(a) in the case of a claim in respect of the death of the member-as to the cause of the death; and

(b) in the case of a claim in respect of the incapacity of the member-as to the nature, cause and extent of the incapacity,
and shall also set out whether, in his opinion, the incapacity from which the member is suffering or from which he has died-

(i) resulted from an occurrence that happened during his war service;

(ii) resulted from his employment in connexion with naval or military preparations or operations;

* * * * * * * *

(iv) arose out of or is attributable to his war service; or

(v) has been contributed to in any material degree, or has been aggravated, by the conditions of his war service.

(2) Where a medical practitioner entertains any doubt concerning any of the matters which by the last preceding sub-section he is required to report upon, he shall state in his report that he entertains such a doubt and shall indicate, as far as is practicable, the nature and extent of his doubt.
Amended by No. 34, 1950, s. 26.

(3) The provisions of this section shall extend to every medical practitioner, whether an officer of the Department of Repatriation or not, who is required by the Commission, a Board, an Appeal Tribunal or an Assessment Appeal Tribunal to report on a claim, and to the members of any medical board who examine a person on war service immediately prior to his discharge from the Forces.

REPATRIATION ACT 1920-1973 - SECT. 49.
Pension of member afflicted with lunacy.

SECT

Repealed by No. 32, 1934, s. 8; inserted by No. 55, 1938, s. 2.
Sub-section (1) amended by No. 22, 1943, s. 52; and No. 27, 1973, s. 9.
49. (1) The war pension payable to an unmarried member of the Forces who is afflicted with lunacy, or to a married member so afflicted the pension of whose wife has been terminated in pursuance of section 43, may be retained by the Commission and expended or invested in accordance with this section.
Amended by No. 34, 1950, s. 27; and No. 31, 1951, s. 4.

(2) The moneys retained by the Commission in accordance with this section, and the interest on any moneys invested by the Commission, may be applied towards-

(a) the provision of clothing or comforts for the member, or such other form of assistance to him as the Commission determines;

(b) the payment of such allowances (if any) as the Commission thinks fit to any person, being a member of the family of the member or being or having been, in the opinion of the Commission, dependent on the member, who is in necessitous circumstances;

(c) the cost of maintenance of the member while he is an inmate of an institution; and

(d) the education, maintenance or advancement of a son, daughter, step-son, step-daughter, adopted son, adopted daughter, ex-nuptial son or ex-nuptial daughter of the member:

Provided that the amount applied for the purpose specified in paragraph (c) of this sub-section shall not exceed one-half of the amount of the pension retained.

(3) Any amounts not expended by the Commission for the purposes specified in the last preceding sub-section may be invested on behalf of the member in any of the investments authorized by the law of the Commonwealth or a State for the investment of trust funds.
Amended by No. 27, 1973, s. 9.

(4) The Commission may from time to time vary or realize any investment made in pursuance of sub-section (3).
Amended by No. 34, 1950, s. 27; and No. 27, 1973, s. 9.

(5) On proof to the Commission of the recovery of the member from his affliction, the Commission shall render to him an account relating to the moneys retained, invested and expended in pursuance of this section, and shall pay to him any balance held by the Commission on his behalf and an amount equal to that applied for the purpose specified in paragraph (c) of sub-section (2), and shall transfer to him any investments held on his behalf or realize those investments and pay him the proceeds thereof.
Amended by No. 34, 1950, s. 27; No. 69, 1953, s. 10; No. 31, 1954, s. 7; No. 68, 1956, s. 7; and No. 27, 1973, s. 9.

(6) Where-

(a) a member whose pension is being retained by the Commission in pursuance of this section dies; and

(b) proof has not been furnished to the Commission, within six months after the death of the member, that the member was not afflicted with lunacy at the time of his death,
the moneys held and investments made on his behalf by the Commission shall be deemed not to form, or to have formed, part of his estate for any purpose, but the whole or part of such moneys and investments or the proceeds thereof, and the whole or part of an amount equal to that applied for the purpose specified in paragraph (c) of sub-section (2), may be applied by the Commission towards the payment of the funeral expenses of the member or towards the payments of allowances of the kind specified in paragraph (b) of sub-section (2), whether granted by the Commission before or after his death, or may be distributed among such persons, being members of his family or persons who, in the opinion of the Commission, have been dependent on him, and in such proportions, as the Commission determines.
Added by No. 34, 1950, s. 27.

(7) For the purposes of this section, ''unmarried member of the Forces'' means a member of the Forces who has never been married and includes a member who has been married but no longer has a spouse.
Added by No. 68, 1956, s. 7.

(8) For the purposes of this section, an ex-nuptial child of a member of the Forces shall be deemed to be a member of his family.

REPATRIATION ACT 1920-1973 - SECT. 50.
Double pension.

SECT

Substituted by No. 39, 1955, s. 5.
50. (1) Where a person is in receipt of, or is eligible for, pension by virtue of being a child of a member of the Forces and that person also is, or becomes, eligible for pension by virtue of being a child of another member of the Forces, that person shall not be paid pension in respect of both of those members but, if the rate of pension in respect of one of those members is higher than the rate of pension in respect of the other member, that person shall be paid pension at the higher rate.
Substituted by No. 97, 1956, s. 3; amended by No. 91, 1962, s. 3; No. 27, 1973, s. 9; and No. 104, 1973, s. 10.

(2) In this section-

''member of the Forces'' includes-

(a) a person who is a member of the Forces for the purposes of Division 6, 7, 8, 9 or 10;

(b) a person who is a member of the Forces for the purposes of the Repatriation (Far East Strategic Reserve) Act 1956-1962 or of the Repatriation (Special Overseas Service) Act 1962; and

''pension'' includes-

(a) a pension under the Repatriation (Far East Strategic Reserve) Act 1956-1962; and

(b) a pension under the Repatriation (Special Overseas Service) Act 1962.

REPATRIATION ACT 1920-1973 - SECT. 51.
Pensions payable from moneys appropriated.

SECT

Amended by No. 47, 1958, s. 6; and No. 27, 1973, s. 9.
51. Pensions granted pursuant to this Act, and allowances granted under section 98A, shall be payable out of moneys from time to time appropriated by Parliament for the purpose.

REPATRIATION ACT 1920-1973 - SECT. 52.
Pension absolutely inalienable.

SECT

Sub-section (1) amended by No. 47, 1958, s. 7; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.
52. (1) Subject to this Act, a pension and an allowance under section 98A shall be absolutely inalienable whether by way or in consequence of sale, assignment, charge, execution, bankruptcy, or otherwise howsoever.
Added by No. 104, 1973, s. 11.

(2) Notwithstanding sub-section (1), the Commission may, at the request of a service pensioner or in accordance with the Income Tax Assessment Act 1936-1973, make deductions from the instalments of service pension payable to the pensioner, and pay the amounts so deducted to the Commissioner of Taxation, for the purpose of enabling the collection of tax that is, or may become, payable by the pensioner.
Added by No. 104, 1973, s. 11.

(3) In sub-section (2), ''service pension'' includes a pension payable in prescribed cases in accordance with Table A in Schedule 3 to the extent that that pension exceeds the amount that would be assessed if the requirement in that Table to have regard to the maximum rate of age pension under sub-section (1A) of section 28 of the Social Services Act 1947-1973 were disregarded, and ''service pensioner'' has a corresponding meaning.

REPATRIATION ACT 1920-1973 - SECT. 53.
Offences.

SECT

Substituted by No. 23, 1922, s. 4.
Sub-section (1) amended by No. 22, 1943, s. 23; and No. 42, 1966, s. 12.
53. (1) Any person who-

(a) makes, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any application for pension;

(b) obtains any pension or instalment of pension which is not payable;

(c) obtains payment of any pension or instalment of pension by means of any false or misleading statement; or

(d) makes or presents to the Minister or the Commission or an Assistant Commissioner or a Board or to any officer doing duty in relation to this Act or the regulations, any statement or document which is false in any particular,
shall be guilty of an offence.

Penalty: One hundred dollars or imprisonment for six months.
Amended by No. 47, 1963, s. 4.

(2) Any person convicted of an offence against this section may, in addition to the penalty imposed for the offence, be ordered to repay to the Commission any amount received by him, or by any other person, by way of pension in consequence of the act in respect of which he was convicted.
Sub-section (3) omitted by No. 22, 1943, s. 23.
* * * * * * * *

(4) Proceedings under this section may be taken before a Court of summary jurisdiction, and may be commenced at any time within three years after the commission of the offence.
Added by No. 47, 1958, s. 8; and No. 27, 1973, s. 9.

(5) In this section, ''pension'' includes an allowance under section 98A.

REPATRIATION ACT 1920-1973 - SECT. 54.
Extension of Act to British reservists, &c.

SECT

Sub-section (1) amended by No. 58, 1959, s. 4.
54. (1) The provisions of this Part shall extend to-

(a) any soldier of the Imperial Reserve Forces called up for active service during the present war; and

(b) any person who is serving or has served during the present war in the Naval or Military Forces of any part of the King's Dominions, other than the Commonwealth, on active service outside that Dominion,
on proof to the satisfaction of the Commission that he was, immediately before being called up or before his enlistment, as the case may be, domiciled in the Commonwealth.
Added by No. 58, 1959, s. 4; amended by No. 216, 1973, s. 3.

(2) A pension shall not be granted under this section to a person who is not resident in Australia or a Territory not forming part of Australia.

REPATRIATION ACT 1920-1973 - SECT. 55.
Division 2 inserted by No. 14, 1929, s. 6.

SECT

Division 2-War Pensions Entitlement Appeals
War Pensions Entitlement Appeal Tribunals.
Inserted by No. 14, 1929, s. 6.
55. (1) There shall be such War Pensions Entitlement Appeal Tribunals as are established by the Governor-General.

(2) An Appeal Tribunal shall consist of a Chairman and two other members all of whom shall be appointed by the Governor-General.

(3) The Chairman of an Appeal Tribunal shall be a person who has been admitted to practise as a barrister or solicitor of the High Court or of the Supreme Court of a State.

(4) The members other than the Chairman shall be returned soldiers, and one shall be selected for appointment from a list, containing the names of not less than three returned soldiers, submitted to the Minister by any organization representing returned soldiers throughout the Commonwealth.

REPATRIATION ACT 1920-1973 - SECT. 56.
Acting members.

SECT

Inserted by No. 14, 1929, s. 6.
56. In the case of the illness, or absence from Australia, or suspension, of any member of an Appeal Tribunal, or in the event of the office of a member of an Appeal Tribunal becoming vacant, the Governor-General may appoint a person to act temporarily during the illness, absence or suspension, or until the appointment of a member of the Appeal Tribunal, as the case may be, and the person so acting shall have all the powers and functions and perform all the duties of a member of the Appeal Tribunal.

REPATRIATION ACT 1920-1973 - SECT. 57.
Deputy Chairman.

SECT

Inserted by No. 14, 1929, s. 6.
57. (1) The Governor-General may appoint one of the members of an Appeal Tribunal to be Deputy Chairman.

(2) In the absence of the Chairman from any meeting the Deputy Chairman shall preside.

REPATRIATION ACT 1920-1973 - SECT. 58.
Quorum.

SECT

Inserted by No. 14, 1929, s. 6.
58. At any meeting of an Appeal Tribunal two members shall form a quorum.

REPATRIATION ACT 1920-1973 - SECT. 59.
Remuneration of members.

SECT

Inserted by No. 14, 1929, s. 6.
59. The members of an Appeal Tribunal shall receive such remuneration as the Governor-General determines.*

REPATRIATION ACT 1920-1973 - SECT. 60.
Tenure.

SECT

Inserted by No. 14, 1929, s. 6.
Sub-section (1) amended by No. 67, 1936, s. 2.
60. (1) Subject to this Act, the members of an Appeal Tribunal shall be appointed for a term not exceeding five years and shall be eligible for re-appointment.
Amended by No. 22, 1943, s. 52; and No. 27, 1973, s. 9.

(2) Upon the happening of a vacancy in the office of a member of an Appeal Tribunal, the Governor-General may appoint a person to the vacant office and such person shall, subject to this Act, hold office until the expiration of the term for which his predecessor was appointed:

Provided that any person appointed to fill a vacancy in the office of the member selected from a list submitted in pursuance of sub-section (4) of section 55 shall be selected from a list submitted in accordance with that sub-section.

REPATRIATION ACT 1920-1973 - SECT. 61.
Suspension of member.

SECT

Inserted by No. 14, 1929, s. 6.
61. (1) The Minister may suspend a member of an Appeal Tribunal, or an acting member, from office for inability, inefficiency or misbehaviour or neglect or failure to carry out any of the provisions of this Act or the regulations.
Amended by No. 216, 1973, s. 3.

(2) The Minister shall cause to be laid before each House of the Parliament, within 7 sitting days of that House after the suspension, a full statement of the grounds of suspension, and if within sixty days thereafter an address is presented to the Governor-General by the Senate and the House of Representatives praying for the restoration of the member or acting member, as the case may be, to office he shall be restored accordingly; but if no such address is so presented the Governor-General may confirm the suspension and declare the office of the member or acting member, as the case may be, to be vacant and the office shall thereupon be and become vacant.

REPATRIATION ACT 1920-1973 - SECT. 62.
Vacation of office-disqualification.

SECT

Inserted by No. 14, 1929, s. 6.
Sub-section (1) amended by No. 46, 1961, s. 6; and No. 216, 1973, s. 3.
62. (1) A member of an Appeal Tribunal or an acting member shall be deemed to have vacated his office if-

(a) he engages during the term of office in any paid employment outside the duties of his office;

(b) he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or

(c) he is wilfully absent from duty, except on leave granted by the Minister, for twenty-one consecutive days.
Amended by No. 216, 1973, s. 3.

(2) A person who is an uncertificated bankrupt shall be incapable of being appointed a member of an Appeal Tribunal.

REPATRIATION ACT 1920-1973 - SECT. 63.
Members of Appeal Tribunal not subject to the Commonwealth Public Service Act.

SECT


Inserted by No. 14, 1929, s. 6.
63. (1) The members of an Appeal Tribunal shall not be subject to the Commonwealth Public Service Act 1922-1928,* but if an officer of the Public Service of the Commonwealth is appointed a member of an Appeal Tribunal his service as a member of the Tribunal shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and if an officer of the Public Service of a State is appointed a member of an Appeal Tribunal his service as a member of the Tribunal shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and as if he had been an officer of a Department transferred to the Commonwealth and were retained in the service of the Commonwealth.
Sub-section (2) omitted by No. 216, 1973, s. 3.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 64.
Appeals.

SECT

Inserted by No. 14, 1929, s. 6.
Sub-section (1) substituted by No. 58, 1935, s. 19; amended by No. 37, 1940, s. 9; No. 22, 1943, s. 24; No. 34, 1950, s. 29; No. 69, 1953, s. 11; No. 31, 1954,s. 8; No. 68, 1956, s. 8; No. 47, 1963, s. 5; and No. 27, 1973, s. 9.
64. (1) A person who has claimed a pension (other than a service pension or a pension payable by virtue of sub-section (3) of section 37) or other benefit under this Act arising out of the incapacity or death of a member of the Forces and whose claim has been refused by the Commission on the ground that the member is not suffering from any incapacity or on the ground-

(a) that the incapacity or death of the member has not resulted from any occurrence that happened during the period of his war service, or from his employment in connexion with naval or military preparations or operations, or did not arise out of or is not attributable to his war service, as the case may be; or

(b) that the incapacity from which the member is suffering or from which he has died has not been contributed to in any material degree, or has not been aggravated, by the conditions of his war service,
may lodge with the prescribed person, in the prescribed form, an appeal to an Appeal Tribunal against the determination of the Commission.
Inserted by No. 47, 1963, s. 5; amended by No. 27, 1973, s. 9.

(1A) A person who has claimed a pension under this Act arising out of the incapacity or death of a member of the Forces, being a pension payable by virtue of sub-section (3) of section 37, and whose claim has been refused by the Commission on any ground relating to the medical condition of the member or to the cause of his death, may lodge with the prescribed person, in the prescribed form, an appeal to an Appeal Tribunal against the determination of the Commission.
Amended by No. 47, 1963, s. 5.

(2) The person with whom an appeal is lodged under either of the last two preceding sub-sections shall forward the appeal to the Commission which shall transmit it to the Appeal Tribunal with the records in the possession of the Commission relating to the appellant.
Amended by No. 39, 1955, s. 6.

(3) If, upon the hearing of an appeal by an Appeal Tribunal, no further evidence is tendered which, in the opinion of the Tribunal has a substantial bearing upon the appellant's claim, the Tribunal shall decide the appeal.
Amended by No. 34, 1950, s. 29; and No. 39, 1955, s. 6.

(4) If, upon the hearing of an appeal before an Appeal Tribunal, further evidence is tendered which, in the opinion of the Tribunal, has a substantial bearing upon the appellant's claim, the Tribunal shall again refer the claim to the Commission for reconsideration.
Substituted by No. 34, 1950, s. 29.

(5) The Commission shall thereupon reconsider the case and notify the Appeal Tribunal of its determination.
Substituted by No. 34, 1950, s. 29; amended by No. 39, 1955, s. 6.

(6) If the determination of the Commission in pursuance of the last preceding sub-section is adverse to the appellant, the Appeal Tribunal shall hear and decide the appeal upon the records and evidence upon which the determination appealed against and the determination upon the reconsideration were made by the Commission.
Inserted by No. 39, 1955, s. 6; amended by No. 27, 1973, s. 9.

(6A) A decision by an Appeal Tribunal under sub-section (3), or under the last preceding sub-section, which is adverse to the appellant does not prevent the Commission reconsidering the claim of the appellant at any time when it appears to the Commission that there are sufficient grounds for so doing.
Amended by No. 58, 1935, s. 19; No. 58, 1952, s. 8; No. 69, 1953, s. 11; No. 39, 1955, s. 6; and No. 27, 1973, s. 9.

(7) If, at any time after a decision of an Appeal Tribunal made under sub-section (3) or sub-section (6), the appellant submits to the Commission in writing any further evidence which, in the opinion of the Commission, is material to, and has a substantial bearing upon, the appellant's claim, the Commission shall reconsider the claim and, if the claim is refused by the Commission, the appellant may appeal in writing to an Appeal Tribunal which shall consider the further evidence and hear and decide the appeal.
Substituted by No. 69, 1953, s. 11.

(7AA) Where, in the opinion of the Commission, further evidence submitted by an appellant is not material to, or has not a substantial bearing upon, the appellant's claim, the Commission shall notify the appellant accordingly and the appellant may-

(a) submit that evidence in writing to an Appeal Tribunal; and

(b) if the Appeal Tribunal decides that the evidence is material to, and has a substantial bearing upon, his claim, appeal to an Appeal Tribunal.
Inserted by No. 58, 1952, s. 8; amended by No. 39, 1955, s. 6.

(7AB) The Appeal Tribunal to which an appeal is made in pursuance of paragraph (b) of the last preceding sub-section shall consider the further evidence and hear and decide the appeal.
Sub-section (7A) omitted by No. 39, 1955, s. 6.
* * * * * * * *

(8) Upon any decision being made under this section by an Appeal Tribunal, it shall forthwith give notice, in the prescribed form, to the Commission and to the appellant, of the decision.
Substituted by No. 58, 1935, s. 19; amended by No. 58, 1952, s. 8; and No. 27, 1973, s. 9.

(9) The Commission may, within six months after a decision by an Appeal Tribunal under sub-section (3), sub-section (6), sub-section (7) or sub-section (7AB), appeal in writing to the Tribunal upon any further evidence relating to the appeal which, in the opinion of the Commission, is material thereto and has a substantial bearing thereon:

Provided that the Commission may appeal in writing to the Tribunal at any time in any case where it is satisfied that the pension has been obtained by fraud or impersonation.
Added by No. 22, 1943, s. 24.

(10) Where in connexion with any hearing of an appeal the Appeal Tribunal refers the case for further medical opinion, the appellant or a representative of the appellant or both may attend at any sittings at which the further medical opinion is considered by the Appeal Tribunal.

REPATRIATION ACT 1920-1973 - SECT. 65.
Assessment Appeal Tribunals.

SECT

Division 3-War Pension Assessment Appeals
Division 3 inserted by No. 14, 1929, s. 6.
Inserted by No. 14, 1929, s. 6.
Sub-section (1) amended by No. 58, 1935, s. 20; No. 22, 1943, s. 25; No. 68, 1956, s. 9; and No. 27, 1973, s. 9.
65. (1) There shall be such Assessment Appeal Tribunals as the Minister, from time to time, determines for the purpose of deciding appeals by members of the Forces against-

(a) assessments by the Commission or a Board of the rates of pension payable to members of the Forces under any Division other than Division 5; and

(b) determinations by the Commission under Division 5 in cases where the Commission has refused to grant a pension solely on the ground that the member of the Forces was not-

(i) permanently unemployable; or

(ii) suffering from pulmonary tuberculosis.

(2) Each Assessment Appeal Tribunal shall consist of a Chairman appointed by the Minister and of two other members who shall be medical practitioners who have the necessary knowledge of the nature of disability from which the appellant or appellants is or are suffering.
Amended by No. 22, 1943, s. 52; and No. 27, 1973, s. 9.

(3) The Chairman of an Assessment Appeal Tribunal shall be selected for appointment from a list of returned soldiers who have been admitted to practise as Barristers or Solicitors of the High Court or of the Supreme Court of a State, submitted in the manner provided by sub- section (4) of section 55.

(4) The two members of an Assessment Appeal Tribunal, other than the Chairman, shall be selected in the prescribed manner from lists of medical practitioners approved by the Minister.
Amended by No. 67, 1936, s. 3.

(5) Subject to this Act, the Chairman of an Assessment Appeal Tribunal shall be appointed for a term not exceeding five years, and shall be eligible for re-appointment.
Amended by No. 22, 1943, s. 52; and No. 27, 1973, s. 9.

(6) The provisions of sections 61, 62 and 63 shall apply to the Chairman of an Assessment Appeal Tribunal as if he were a member of an Appeal Tribunal.

REPATRIATION ACT 1920-1973 - SECT. 66.
Remuneration of members of Assessment Appeal Tribunal.

SECT

Inserted by No. 14, 1929, s. 6.
66. The members of an Assessment Appeal Tribunal shall receive such remuneration as the Minister determines.*

REPATRIATION ACT 1920-1973 - SECT. 67.
Appeals to Assessment Appeal Tribunals.

SECT

Substituted by No. 74, 1930, s. 3.
Sub-section (1) amended by No. 58, 1935, s. 21; No. 37, 1940, s. 10; No. 22, 1943, s. 26; No. 34, 1950, s. 30; No. 31, 1954, s. 9; No. 139, 1972, s. 10; and No. 216, 1973, s. 3.
67. (1) Any member of the Forces-

(a) who is in receipt of a pension under this Act (other than a service pension); or

(b) who is not in receipt of such a pension but as to whom the Commission, a Board or an Appeal Tribunal has determined that he has an incapacity that-

(i) is the result of any occurrence that happened during his war service;

(ii) is the result of his employment in connexion with naval or military preparations or operations;

(iii) is directly attributable to his war service;

(iv) arose out of or is attributable to his war service; or

(v) has been contributed to in any material degree, or has been aggravated, by the conditions of his war service,

and the Commission or a Board has decided that the incapacity is so slight that it does not warrant a pension assessment,
may, within three months after-

* * * * * * * *

(d) the date of the notification of the assessment by the Commission or a Board of his pension, or the date of the notification of the refusal by the Commission or a Board to alter the existing assessment; or

(e) the date of the notification by the Commission or a Board that the incapacity of the member of the Forces did not warrant a pension assessment,
whichever is the later, or, if the appellant was at any time during that period a resident of the Torres Strait Islands, within a further three months after the expiration of that period, lodge with the prescribed person an appeal in the prescribed form against the current assessment of the rate of his pension, or against the decision that a pension assessment is not warranted, as the case may be.
Amended by No. 58, 1935, s. 21.

(2) The person with whom an appeal is lodged under the last preceding sub-section shall forward it to an Assessment Appeal Tribunal with all the records relative to the assessment appealed against, or to the decision that a pension assessment was not warranted, as the case may be.

REPATRIATION ACT 1920-1973 - SECT. 68.
Decision of appeals.

SECT

Substituted by No. 74, 1930, s. 3; amended by No. 10, 1931, s. 49; No. 47, 1931, s. 5; and No. 39, 1955, s. 7.
68. An Assessment Appeal Tribunal shall, after hearing an appeal lodged by a member of the Forces in pursuance of the last preceding section, decide the appeal and may increase, reduce or continue any such pension or make an assessment, and the Tribunal shall forthwith give notice in the prescribed form to the Commission and to the appellant of the decision.

REPATRIATION ACT 1920-1973 - SECT. 69.
Effect of decision of Assessment Appeal Tribunals.

SECT

Substituted by No. 58, 1935, s. 22.
Sub-section (1) amended by No. 22, 1943, s. 52; No. 34, 1950, s. 31; and No. 27, 1973, s. 9.
69. (1) The decision of an Assessment Appeal Tribunal upon an appeal lodged under section 67 shall, subject to this section, be binding upon the appellant, the Commission and a Board for such period as is specified by the Tribunal being not more than three years from the date of the decision, and if no time is so specified, for six months from that date.
Amended by No. 22, 1943, s. 52; No. 39, 1955, s. 8; No. 139, 1972, s. 11; and No. 27, 1973, s. 9.

(2) If, at any time after the hearing by the Assessment Appeal Tribunal of an appeal lodged under section 67 and during the period during which a decision of the Tribunal is binding, the appellant to whom the decision applies is of opinion that his incapacity has increased, he may apply to the Commission or a Board for an increase in his pension and, within three months of the date of the notification by the Commission or a Board of its decision on that application or, if the appellant was at any time during that period a resident of the Torres Strait Islands, within a further three months after the expiration of that period, he may lodge, in the manner provided in this Division, a further appeal to the Assessment Appeal Tribunal, and that Tribunal shall hear and decide the appeal in accordance with the provisions of this Act.

REPATRIATION ACT 1920-1973 - SECT. 70.
Appeals by applicants under s. 85.

SECT

Inserted by No. 58, 1935, s. 22.
Sub-section (1) amended by No. 22, 1943, s. 52; No. 139, 1972, s. 12; and No. 27, 1973, s. 9.
70. (1) Any person who has applied, as a member of the Forces, for a pension under section 85, and whose application has been refused by the Commission solely on the ground that the member was not-

(a) permanently unemployable; or

(b) suffering from pulmonary tuberculosis,
may, within three months after the date of the notification by the Commission of its determination or, if the appellant was at any time during that period a resident of the Torres Strait Islands, within a further three months after the expiration of that period, lodge with the prescribed person an appeal in the prescribed form against that determination.

(2) The person with whom an appeal is lodged under the last preceding sub-section shall forward it to an Assessment Appeal Tribunal with all the records relative to the determination appealed against.

REPATRIATION ACT 1920-1973 - SECT. 71.
Where decision given on false evidence.

SECT

Inserted by No. 58, 1935, s. 22.
71. (1) Where, in the opinion of the Commission, a decision of an Assessment Appeal Tribunal has been affected by evidence which is false in a material particular, the Commission may refer the case to the Assessment Appeal Tribunal with a statement of the ground of its opinion.

(2) An Assessment Appeal Tribunal may, if it thinks fit, upon receipt of a statement referred to in the last preceding sub-section, re-hear the appeal and make such decision as it thinks just.

REPATRIATION ACT 1920-1973 - SECT. 72.
Right of appellant to appear.

SECT

Heading amended by No. 58, 1935, s. 23.
Division 4-General Provisions relating to Appeals
Division 4 inserted by No. 14, 1929, s. 6.
Inserted by No. 14, 1929, s. 6.
72. (1) An appellant to an Appeal Tribunal or to an Assessment Appeal Tribunal may attend in person at any sittings at which his appeal is being heard.

(2) The Commission may be represented by any person other than a legal practitioner at the hearing of any appeal by an Appeal Tribunal or by an Assessment Appeal Tribunal.
Amended by No. 39, 1955, s. 9; and No. 62, 1964, s. 3.

(3) Any appellant shall be entitled-

(a) if he attends a sitting of a Tribunal at which his appeal is being heard, to receive-

(i) such expenses in connexion with his attendance; and

(ii) such allowances in respect of any loss of salary or wages, or of earnings from work on his own account, suffered by him by reason of his attendance,

as are prescribed; and

(b) to be represented, at his own expense, at the hearing of his appeal, by a person other than a legal practitioner.
Substituted by No. 62, 1964, s. 3.

(4) The regulations may provide for the payment, subject to such conditions as the Commission determines, to an attendant who accompanies an appellant who is attending a sitting of a Tribunal-

(a) of such expenses in connexion with his accompanying the appellant; and

(b) of such allowances in respect of any loss of salary or wages, or of earnings from work on his own account, suffered by him by reason of his accompanying the appellant,
as the Commission considers reasonable.
Inserted by No. 62, 1964, s. 3.

(4A) Where the Tribunal is of opinion that an appeal is frivolous, it may declare that neither the appellant nor any attendant accompanying him is entitled to receive any payment under this section in connexion with the appeal.
Inserted by No. 64, 1965, s. 4; amended by No. 27, 1973, s. 9.

(4B) Where the Commission appeals to an Appeal Tribunal under sub-section (9) of section 64 of this Act, sub-sections (1) and (3) of this section, and the regulations made by virtue of sub-section (4) of this section, apply in respect of the appeal as if the person who made the claim to which the appeal relates were the appellant in relation to the appeal.
Added by No. 39, 1955, s. 9; amended by No. 27, 1973, s. 9.

(5) In this section, ''appeal'' includes a submission under paragraph (a) of sub-section (7AA) of section 64.

REPATRIATION ACT 1920-1973 - SECT. 73.
Summoning of witnesses, &c.

SECT

Inserted by No. 14, 1929, s. 6.
73. An Appeal Tribunal and an Assessment Appeal Tribunal may-

(a) summon witnesses;

(b) take evidence on oath; and

(c) require the production of documents.

REPATRIATION ACT 1920-1973 - SECT. 74.
Witness failing to appear.

SECT

Inserted by No. 14, 1929, s. 6; amended by No. 42, 1966, s. 12.
74. Any person who has been summoned to appear as a witness before an Appeal Tribunal or an Assessment Appeal Tribunal and who, without lawful excuse, and after tender of reasonable expenses, fails to appear in answer to the summons, shall be guilty of an offence.

Penalty: Forty dollars.

REPATRIATION ACT 1920-1973 - SECT. 75.
Witness refusing to be sworn.

SECT

Inserted by No. 14, 1929, s. 6; amended by No. 42, 1966, s. 12.
75. Any person who appears before an Appeal Tribunal or an Assessment Appeal Tribunal as a witness and who, without lawful excuse, refuses to be sworn, or to make an affirmation, or to produce documents, or to answer questions he is lawfully required to answer, shall be guilty of an offence.

Penalty: One hundred dollars.

REPATRIATION ACT 1920-1973 - SECT. 76.
Appointments of persons to take evidence.

SECT

Inserted by No. 14, 1929, s. 6.
76. An Appeal Tribunal and an Assessment Appeal Tribunal may appoint any person to hear and receive evidence with respect to any matter pertaining to an appeal under this Part, and such person shall have authority to administer oaths and to hear and receive evidence upon oath and to take affidavits in any part of the Commonwealth.

REPATRIATION ACT 1920-1973 - SECT. 77.
Hearing of appeals.

SECT

Inserted by No. 14, 1929, s. 6.
Sub-section (1) amended by No. 39, 1955, s. 10.
77. (1) As soon as conveniently practicable after the receipt by an Appeal Tribunal or by an Assessment Appeal Tribunal of an appeal and the records relating to the appellant, the Chairman of the Tribunal shall fix a time and place for the hearing of the appeal and shall notify the appellant and the Commission thereof.
Substituted by No. 22, 1943, s. 27.

(2) Subject to this Act, the hearing of any appeal under this Part shall be conducted in such a manner as is prescribed.
Sub-sections (3) and (4) omitted by No. 22, 1943, s. 27.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 78.
Date of operation of decisions and determinations on appeal.

SECT

Sub-section (1) substituted by No. 44, 1957, s. 3; amended by No. 27, 1973, s. 9.
78. (1) An Appeal Tribunal or an Assessment Appeal Tribunal may specify in a decision made by it under this Part, and the Commission may specify in a determination made by it by virtue of section 64, the date from which the decision or determination, as the case may be, operates.
Substituted by No. 44, 1957, s. 3; amended by No. 75, 1962, s. 4; No. 42, 1966, s. 3; and No. 27, 1973, s. 9.

(2) Subject to the next succeeding sub-section, a decision of an Appeal Tribunal, or a determination of the Commission referred to in the last preceding sub-section, shall not be expressed to operate-

(a) in any case-

(i) from a date earlier than three months before the date on which the claim for pension was lodged; or

(ii) from a date earlier than six months before the date on which the appeal under sub-section (1) or sub-section (1A) of section 64 was lodged; or

(b) in the case of a decision made by virtue of sub-section (7) or (7AB) of that section, or a determination made by virtue of sub-section (6A) or (7) of that section-from a date earlier than four years before the date of the decision or determination, as the case may be.
Inserted by No. 75, 1962, s. 4; amended by No. 42, 1966, s. 3; No. 139, 1972, s. 13; and No. 27, 1973, s. 9.

(2A) Where an appeal to an Appeal Tribunal against a determination of the Commission is lodged in accordance with sub-section (1) or sub-section (1A) of section 64 and-

(a) the appeal is so lodged within three months after the making of the determination or, if the appellant was at any time during that period a resident of the Torres Strait Islands, within a further three months after the expiration of that period; and

(b) in a case where the determination of the Commission was made on an appeal to the Commission from a determination of a Board-the appeal to the Commission was lodged within three months after the making of the determination of the Board or, if the appellant was at any time during that period a resident of the Torres Strait Islands, within a further three months after the expiration of that period,
sub-paragraph (ii) of paragraph (a) of the last preceding sub-section does not apply to a decision of the Appeal Tribunal made by virtue of sub-section (3) or (6) of section 64 or to a determination of the Commission made by virtue of sub-section (5) of that section.
Substituted by No. 31, 1954, s. 10; amended by No. 47, 1958, s. 9; No. 75, 1962, s. 4; No. 105, 1964, s. 5; and No. 27, 1973, s. 9.

(3) A decision of an Assessment Appeal Tribunal shall not be expressed to operate-

(a) where the appeal follows upon an appeal to an Appeal Tribunal or to the Commission that has been upheld or upon a determination of the Commission made by virtue of section 64-from a date earlier than the date from which the decision or determination of the Appeal Tribunal or of the Commission, as the case may be, operates;

(b) where the appeal is from a decision of the Commission or a Board whereby a claim for a pension has been rejected-from a date earlier than the earliest date from which the Commission or the Board, as the case may be, if it had not rejected the claim, could have approved of the payment of a pension in respect of the claim; or

(c) where the appeal is from a decision of the Commission or a Board whereby a pension has been cancelled or reduced-from a date earlier than six months before the date on which the appeal to the Assessment Appeal Tribunal was lodged.

REPATRIATION ACT 1920-1973 - SECT. 79.
Deceased or mentally afflicted person.

SECT

Substituted by No. 34, 1950, s. 32.
Sub-section (1) substituted by No. 64, 1965, s. 5; amended by No. 27, 1973, s. 9.
79. (1) If an appellant dies or becomes mentally afflicted after lodging an appeal to an Appeal Tribunal or an Assessment Appeal Tribunal, or after submitting further evidence to the Commission under sub- section (7) of section 64 in relation to a claim for pension, the appeal may be continued, or the claim may be pursued and any subsequent appeal may be made, as the case may be, by a person approved by the Appeal Tribunal, the Assessment Appeal Tribunal or the Commission, as the case may be, as a proper representative of the appellant, and the approved person has, for the purposes of the appeal or of the claim and any subsequent appeal, all the rights of the appellant.

(2) In the case of a mentally afflicted member of the Forces, a person approved by an Appeal Tribunal or an Assessment Appeal Tribunal as a proper representative of the member may lodge an appeal on his behalf, and shall, for the purpose of the conduct of the appeal, have all the rights of the member.

REPATRIATION ACT 1920-1973 - SECT. 80.
Information in records may be made available to appellant.

SECT

Inserted by No. 14, 1929, s. 6.
80. An Appeal Tribunal and an Assessment Appeal Tribunal shall, so far as is consistent with the interests of the appellant, and with any obligation to respect information given to the Commission upon a confidential basis, make available to the appellant or his representative information contained in the records relating to the case:

Provided that information given to the Commission on a confidential basis may be disclosed to the appellant or his representative in any case if the person who has provided the information consents in writing.

REPATRIATION ACT 1920-1973 - SECT. 80A.
Tribunal may set aside decisions in certain circumstances.

SECT

Inserted by No. 47, 1963, s. 6; amended by No. 139, 1972, s. 14.
80A. Where-

(a) an Appeal Tribunal or an Assessment Appeal Tribunal decides an appeal adversely to the appellant;

(b) the appellant makes application to the Tribunal, within three months after the decision or, if the appellant was at any time during that period a resident of the Torres Strait Islands, within a further three months after the expiration of that period, for the Tribunal to set aside the decision under this section; and

(c) the Tribunal is satisfied that the appellant, or a person representing the appellant, was unable to make any submission, or present any evidence, to the Tribunal by reason that the appellant or that person was, due to circumstances outside his control, prevented from attending the sittings, or a part of the sittings, at which the appeal was heard,
the Tribunal shall set aside its decision, and shall fix a time and place for the further hearing of the appeal and notify the appellant and the Commission of the time and place so fixed.

REPATRIATION ACT 1920-1973 - SECT. 81.
Salaries and expenses of Tribunals.

SECT

Inserted by No. 14, 1929, s. 6.
81. The salaries and expenses of members of Appeal Tribunals and of Assessment Appeal Tribunals shall be paid out of moneys provided by the Parliament for the purpose.

REPATRIATION ACT 1920-1973 - SECT. 82.
Reports.

SECT

Inserted by No. 14, 1929, s. 6.
82. (1) Appeal Tribunals shall furnish to the Minister an annual report, which the Minister shall present to the Parliament.
Amended by No. 22, 1943, s. 52; and No. 27, 1973, s. 9.

(2) The Commission shall include in its report under section 122, statistics of cases dealt with by Assessment Appeal Tribunals.

REPATRIATION ACT 1920-1973 - SECT. 83.
Division 5 inserted by No. 58, 1935, s. 24.

SECT

Division 5-Service Pensions
Interpretation.
Inserted by No. 58, 1935, s. 24.
Sub-section (1) amended by No. 67, 1936, s. 4; No. 29, 1947, s. 4; No. 34, 1950, s. 33; No. 69, 1953, s. 12; No. 31, 1954, s. 11; No. 39, 1955, s. 12; No. 68, 1956, s. 10; No. 97, 1956, s. 4; No. 47, 1958, s. 10; No. 58, 1959, s. 5; No. 44, 1960, ss. 3 and 4; No. 91, 1962, s. 4; No. 47, 1963, s. 7; No. 105, 1964, s. 6; No. 64, 1965, s. 6; No. 42, 1966, ss. 4 and 12; No. 82, 1972, s. 8; No. 2, 1973, s. 7; No. 27, 1973, s. 4; No. 104, 1973, ss. 12 and 28; and No. 216, 1973, s. 3.
83. (1) In this Division, unless the contrary intention appears-

''Benevolent home'' has the same meaning as in Part III of the Social Services Act 1947-1963;

''Australia'' includes the Territories;

''Child'', in relation to a member of the Forces, means a son (including an ex-nuptial son), step-son, adopted son or foster-son, or a daughter (including an ex-nuptial daughter), step-daughter, adopted daughter or foster-daughter, or a ward, of the member-

(a) who is under the age of sixteen years and of whom the member has the custody, care and control; or

(b) who-

(i) has attained the age of sixteen years;

(ii) is receiving full-time education at a school, college or university;

(iii) is wholly or substantially dependent on the member; and

(iv) is not in receipt of an invalid pension under Part III of the Social Services Act 1947-1973;

''Dependent female'', in relation to a member of the Forces, means a woman who has lived with the member as his wife on a permanent and bona fide domestic basis, although not legally married to him, for not less than three years immediately preceding the operation of any provision of this Division in relation to that woman or that member;

''Income'', in relation to any person, means any personal earnings, moneys, valuable consideration or profits earned, derived or received by that person for his own use or benefit by any means from any source whatsoever, within or outside Australia, and includes any periodical payment or benefit by way of gift or allowance from any person other than the father, mother, son, daughter, brother or sister of the first-mentioned person, but does not include-

(a) a payment (not being a payment of an annuity) by way of benefit from any friendly society;

(b) a payment (not being a payment of an annuity) in respect of illness, infirmity or old-age from any trade union;

(ba) an instalment of a superannuation pension;

(c) the value of food relief or like assistance granted under any law of a State or Territory;

(d) a payment under Division 4B of Part III, or under Part V, VI, VIA, VII, VIIA or VIII, of the Social Services Act 1947-1973;

(e) a benefit under a law of the Commonwealth (other than the Social Services Act 1947-1960) relating to the provision of pharmaceutical, sickness or hospital benefits, or of medical or dental services;

(f) a payment made by an organization registered under a law referred to in the last preceding paragraph for or in respect of expenses incurred by a person for hospital, medical or dental treatment;

(g) a payment under section 9 of the Tuberculosis Act 1948;

(h) the value of board and lodging received by a member of the Forces who is suffering from pulmonary tuberculosis and who receives that board and lodging while undergoing treatment for that disease as an inmate of a hospital, sanatorium or similar institution;

(i) an amount of interest credited or paid in pursuance of the War Gratuity Acts 1920 or the War Gratuity Act 1945;*

(j) income derived from property;

(k) an attendant's allowance payable under Schedule 2 or 5 or under either of those Schedules as applied by section 7 of the Repatriation (Far East Strategic Reserve) Act 1956-1962 or by section 7 of the Repatriation (Special Overseas Service) Act 1962;
(ka) a benefit under section 98AAA;

(l) an amount payable to a member of the Forces by the Commission as an allowance for expenditure incurred or to be incurred by the member for his transport for the purposes of recreation or as an allowance towards the cost of maintenance and running expenses of a motor vehicle provided by the Commission for the member because of his serious incapacity;

(la) an amount payable by the Commission by way of sustenance allowance;

(m) an amount payable to a member of the Forces as an allowance by reason of the fact that he has been awarded a decoration; or

(n) an amount payable by the Commission as a clothing allowance to a member of the Forces whose clothing, because of a disability from which he suffers, is subject to exceptional wear and tear or damage;

''Income derived from property'', in relation to a person, means income derived from property owned, whether alone or jointly or in common with another person, by that person, other than income which-

(a) consists of an annuity; or

(b) is derived from a life interest in property, not being, where that person is a pensioner or applicant, property which is the permanent home of the pensioner or applicant;

''Means as assessed'' in relation to a person, means an amount equal to the sum of the annual rate of the income of that person, apart from service pension, and the property component calculated in relation to that person;

''Mental hospital'' means premises declared by the Commission under section 94A to be a mental hospital for the purposes of this Division;

''Mental hospital patient'' means a person who-

(a) has been admitted to a mental hospital as a patient of the hospital;

(b) is shown on the records of the hospital as a patient, other than an out-patient, of the hospital; and

(c) is maintained in the hospital at the public expense;

''Property component'', in relation to a person, means an amount calculated at the rate of One dollar ninety-five cents for every complete Twenty dollars included in so much of the net capital value of the accumulated property of that person as exceeds Four hundred dollars;

''Service pensioner'' means a person in receipt of a service pension;

''Superannuation pension'' means payments made periodically (including payments under a law of the Commonwealth, a State, a Territory or a country other than Australia) to a person, or to the former spouse of a deceased person, in consequence of-

(a) the past employment or past services of that first- mentioned person or that deceased person as an employee or in any other capacity;

(b) contributions made by that first-mentioned person or that deceased person under a law providing for benefits for contributors; or

(c) an investment of moneys made by that first-mentioned person or that deceased person by way of an annuity, being a transaction entered into in the ordinary course of business of the other party to it,
but does not include payments by way of, or in the nature of, compensation for injury, disability or death;

''Wife'' includes a dependent female.
Added by No. 47, 1963, s. 7; omitted by No. 64, 1965, s. 6; added by No. 42, 1966, s. 4.

(2) Where a mental hospital patient is transferred from one mental hospital to another mental hospital, he shall, for the purposes of this Division, be deemed to be a mental hospital patient during the period of the transfer notwithstanding that, during that period, he is not shown on the records of a mental hospital as a patient of a mental hospital.
Added by No. 42, 1966, s. 4; amended by No. 66, 1968, s. 5; No. 95, 1969, s. 3; No. 82, 1972, s. 8; No. 2, 1973, s. 7; and No. 27, 1973, ss. 4 and 9.

(3) In the application of section 28 of the Social Services Act 1947-1966 for the purposes of this Division-

* * * * * * * *

(aa) the reference in sub-paragraph (ii) of paragraph (b) of sub- section (1AA) of that section to the Director-General shall be read as a reference to a Board;

(b) a reference in that section to the means as assessed or the property component of a person shall be read as a reference to the means as assessed or the property component, as the case may be, of the person for the purposes of this Division;

(c) a reference in that section to a child under the age of sixteen years of whom a person has the custody, care and control shall, in relation to a member of the Forces, be read as a reference to a child of that member; and

(d) sub-section (1C) of section 28 of that Act shall be deemed not to have any operation.
Sub-section (3A) omitted by No. 15, 1972, s. 3.
* * * * * * * *
Added by No. 42, 1966, s. 4; amended by No. 27, 1973, s. 9.

(4) In the application of section 50 of the Social Services Act 1947-1966 for the purposes of this Division, the reference in sub-paragraph (i) of paragraph (a) of sub-section (1) of that section to an allowance under Division 4A of Part III of the Social Services Act 1947-1966 shall be read as a reference to an allowance under section 98A of this Act.

REPATRIATION ACT 1920-1973 - SECT. 83A.
Superannuation pension may be included in ''income''.

SECT

Inserted by No. 82, 1972, s. 9.
83A. Where-

(a) a superannuation pension is payable to a person; and

(b) the rate of service pension payable to the person would be greater if that superannuation pension were not included in the accumulated property of the person for the purposes of this Division but each instalment of that superannuation pension were treated as income of the person for the purposes of this Division,
the superannuation pension shall be treated accordingly.

REPATRIATION ACT 1920-1973 - SECT. 84.
Grant of service pensions.

SECT

Inserted by No. 58, 1935, s. 24. Sub-section (1) amended by No. 29, 1936, s. 20; No. 67, 1936, s. 5; No. 12, 1937, s. 3; No. 96, 1940, s. 3; No. 49, 1941, s. 3; No. 22, 1943, s. 29; No. 29, 1947, s. 5; No. 68, 1956, s. 11; No. 44, 1960, s.3; No. 17, 1971, s. 4; No. 15, 1972, s. 4; and No. 27, 1973, s. 9.
84. (1) Subject to this Act, the Commission or a Board may grant a service pension to a member of the Forces who-

(a) in the case of a man-has served in a theatre of war and has reached the age of sixty years;

(b) in the case of a woman-has served in a theatre of war or served abroad or embarked for service abroad and has reached the age of fifty-five years,
at a rate per annum not exceeding the maximum rate of pension per annum that would be applicable to him under section 28 of the Social Services Act 1947-1971 if he were qualified to receive an age pension under that Act.
Omitted by No. 42, 1966, s. 5; added by No. 4, 1970, s. 3; amended by No. 27, 1973, s. 9.

(2) Sub-section (1AAA) of section 28 of the Social Services Act 1947-1970 does not apply for the purposes of the last preceding sub- section but, if a Board is satisfied that-

(a) the living expenses of a married person and the husband or wife of that person are, or are likely to be, greater than they would otherwise be by reason that those persons are unable, as a result of the illness or infirmity of either or both of them, to live together in a matrimonial home; and

(b) the inability is likely to continue indefinitely,
the Board may determine that the maximum rate per annum of the service pension that may be granted to the first-mentioned person is to be the maximum rate of pension per annum that would be applicable to the person under that section if the person were qualified to receive an age pension under that Act and a direction were in force in relation to the person under sub-section (1AAA) of that section.
Added by No. 4, 1970, s. 3.

(3) Where it appears to a Board that sufficient reason exists for reviewing a determination given under the last preceding sub-section, the Board may review the determination and may affirm it or make a determination annulling it.

REPATRIATION ACT 1920-1973 - SECT. 85.
Pension in respect of a member permanently unemployable, &c.

SECT

Inserted by No. 58, 1935, s. 24. Sub-section (1) substituted by No. 105, 1964, s. 7; amended by No. 42, 1966, s. 12; No. 66, 1968, s. 6; No. 68, 1971, s. 3; No. 82, 1972, s. 10; No. 27, 1973, s. 9; and No. 104, 1973, s. 13.
85. (1) Subject to this Act, the Commission or a Board may grant a service pension to a person included in a class of persons specified in the first column of the following table at a rate not exceeding the rate, or the appropriate rate, specified in the second column of that table in respect of that class:-

Members of the Forces
irrespective of their age The maximum rate that would be applicable to
the member if he were qualified to receive a
pension under the last preceding section.
Wives of members of the
Forces The maximum rate of pension per annum that
would be applicable to the wife if she were
qualified to receive a wife's pension under
Part III of the Social Services Act
1947-1972.
Children of members of the
Forces (a) If no older child of the member is, or
would but for sub-section (5) be, in receipt
of service pension-Two hundred and sixty
dollars per annum.

* * * * *
Inserted by No. 104, 1973, s. 13.

(1A) After the commencement of this sub-section, a service pension shall not be granted under sub-section (1) to a child of a member of the Forces.
Substituted by No. 67, 1936, s. 6; amended by No. 22, 1943, s. 30.

(2) A pension under this section shall not be granted to a member of the Forces unless the member, in the opinion of the Commission or a Board-

(a) is permanently unemployable and-

(i) in the case of a man-has served in a theatre of war; or

(ii) in the case of a woman-has served in a theatre of war or served abroad or embarked for service abroad; or

(b) is suffering from pulmonary tuberculosis.
Inserted by No. 2, 1973, s. 8.

(2A) A woman is not entitled to receive at the same time a service pension under this section by reason that she is a member of the Forces and a service pension under this section by reason that she is the wife of a member of the Forces.
Substituted by No. 82, 1972, s.10; amended by No. 104, 1973, s. 13.

(3) A pension under this section shall not be granted to the wife of a member of the Forces unless a pension under this Division is payable to or in respect of the member or the member would, in the opinion of the Commission or a Board, have been granted a pension under this Division but for his death before the determination of an application made by him before his death.
Substituted by No. 64, 1965, s. 8; amended by No. 82, 1972, s. 10.

(3A) In deciding, for the purposes of the last preceding sub-section, whether a member would have been granted a pension but for his death, the question whether or not the member was, at the time of his application, in receipt of an age or invalid pension under the Social Services Act 1947-1960 shall not be taken into account.
Inserted by No. 67, 1936, s. 6; amended by No. 22, 1943, ss. 30 and 52; No. 47, 1963, s. 8; and No. 27, 1973, s. 9.

(3B) For the purposes of sub-section (3), a pension shall be deemed to be payable to a member during any period during which the member is, by reason only of the operation of section 92, ineligible to receive a pension.
Sub-section (4) omitted by No. 104, 1973, s. 13.
* * * * * * * *
Omitted by No. 22, 1943, s. 30; added by No. 66, 1968, s. 6; amended by No. 27, 1973, s. 9.

(5) Where-

(a) the maximum rate at which a service pension is payable to a member of the Forces by virtue of sub-section (1A) of section 28 of the Social Services Act 1947-1968 in its application for the purposes of this Division is increased in respect of a child by virtue of sub-section (1B) of that section; and

(b) a service pension would, but for this sub-section, be payable to the child in accordance with paragraph (a) in the second column of the table in sub-section (1) of this section,
the service pension is not payable to the child.

REPATRIATION ACT 1920-1973 - SECT. 85A.
Claimant to be resident in Australia.

SECT

Inserted by No. 27, 1973, s. 5.
85A. (1) A person is not eligible to lodge a claim for a service pension unless he is residing in Australia.

(2) A service pension shall not be granted to a claimant who has ceased to reside in Australia after he has lodged his claim unless the circumstances are such that the date of commencement of the period in respect of which the service pension, if granted, would be paid is a date not later than the date on which the claimant ceased to reside in Australia.

REPATRIATION ACT 1920-1973 - SECT. 86.
Restrictions as to dual pensions.

SECT

Substituted by No. 39, 1948, s. 4.
Sub-section (1) substituted by No. 2, 1973, s. 9.
86. (1) Notwithstanding anything contained in this Division-

(a) a person is not entitled to receive at the same time-

(i) a service pension under one section of this Division and a service pension under another section of this Division; or

(ii) a service pension and a pension under Part III or Part IV of the Social Services Act 1947-1973; and

(b) a widow who is in receipt of a war pension in respect of her husband's death or a child who is in receipt of a war pension in respect of his father's death is not entitled to receive a service pension under section 94 at the same time.**
Amended by No. 44, 1960, s. 3.

(2) A member of the Forces who is permanently unemployable and who would, but for the fact that he is receiving an age or invalid pension under the Social Services Act 1947-1960, be eligible for a service pension may surrender the age or invalid pension, and, thereupon, a service pension may be granted to him as from the date of the surrender, and service pensions may be granted to the wife and children of that member as from the date of his application for a service pension in any case where the wife of the member is not in receipt of a pension under Part III of the Social Services Act 1947-1960.
Added by No. 39, 1955, s. 13; amended by No. 97, 1956, s. 5; No. 91, 1962, s. 5; No. 27, 1973, s. 9; and No. 104, 1973, s. 28.

(3) In this section, ''war pension'' means-

(a) a pension payable under this Act (but not including a service pension or an attendant's allowance payable under Schedule 2 or 5 to this Act);

(aa) a pension payable under the Repatriation (Far East Strategic Reserve) Act 1956-1962 or under the Repatriation (Special Overseas Service) Act 1962 (but not including an attendant's allowance payable under Schedule 2 or 5 to this Act as applied by section 7 of either of those Acts);

(b) a pension payable under the Seamen's War Pensions and Allowances Act 1940-1955 (but not including an attendant's allowance payable under section 21 of that Act); or

(c) pension, or compensation of a periodical nature, payable under section 13 of the Defence (Transitional Provisions) Act 1946-1951 (but not including an attendant's allowance payable under that section),
and includes a pension which is payable under the law of a country other than Australia and, in the opinion of the Commission, is similar in character to a war pension.

REPATRIATION ACT 1920-1973 - SECT. 87.
Variation of rate of service pension according to means.

SECT

Inserted by No. 58, 1935, s. 24.
Sub-section (1) substituted by No. 82, 1972, s. 11.
87. (1) A service pension shall not be granted at a rate that exceeds the highest rate at which an age pension or, if the grant is to be made to a woman by reason that she is the wife of a member, a wife's pension could be payable to the service pensioner under Part III of the Social Services Act 1947-1972 if the service pensioner were qualified to receive an age pension or a wife's pension, as the case may be, under that Part.
Inserted by No. 104, 1973, s. 14.

(1A) Sub-section (1) does not apply in relation to a claimant or pensioner-

(a) who is permanently blind; or

(b) who has attained the age of seventy-five years.
Substituted by No. 69, 1953, s. 13.

(2) In the case of a husband and wife, the income of each shall, unless-

(a) they are living apart in pursuance of a separation agreement in writing or of a decree, judgment or order of a court; or

(b) for any special reason, in a particular case, the Commission otherwise determines,
be deemed to be half the total income of both.
Substituted by No. 42, 1966, s. 6; amended by No. 95, 1969, s. 4.

(3) In the computation, for the purposes of this Division, of the income of a member of the Forces-

(a) where the member is not in receipt of an age pension or an invalid pension under the Social Services Act 1947-1966 but the wife or husband of the member is in receipt of a pension under that Act, that pension shall not be treated as income of the wife or husband, as the case may be; and

(b) where a child of the member is dependent on the member, the income of the member shall be reduced by the amount of Two hundred and eight dollars per annum, less the annual amount of any payment, not being a payment under this Part or under Part III or Part VI of the Social Services Act 1947-1966, received by the member for or in respect of the child.
Inserted by No. 104, 1973, s. 14.

(3A) Subject to sub-section (3B), in the computation of the income of a person for the purpose of ascertaining his means as assessed for the purpose of the application to him of sub-section (2) of section 28 of the Social Services Act 1947-1973, the amount of any of the following payments shall be reduced by one-quarter:-

(a) a payment of an instalment of a pension (other than a service pension within the meaning of sub-section (2) of section 52 of this Act);

(b) a payment of an instalment of a pension under-

(i) the Repatriation (Far East Strategic Reserve) Act 1956-1973;

(ii) the Repatriation (Special Overseas Service) Act 1962-1973; or

(iii) the Seamen's War Pensions and Allowances Act 1940-1973;

(c) a payment referred to in-

(i) paragraph (c) of the proviso to sub-section (1) of section 24 or of section 101, sub-section (6) of section 107C or sub-section (3) of section 107Q of this Act;

(ii) sub-section (8) of section 6 of the Repatriation (Far East Strategic Reserve) Act 1956-1973;

(iii) sub-section (9) of section 6 of the Repatriation (Special Overseas Service) Act 1962-1973; or

(iv) section 53A of the Seamen's War Pensions and Allowances Act 1940-1973;

(d) a payment under-

(i) regulation 176D of the Repatriation Regulations as amended and in force for the time being;

(ii) regulation 54 of the Repatriation (Far East Strategic Reserve) Regulations or of the Repatriation (Special Overseas Service) Regulations as amended and in force for the time being;

(iii) regulation 37 of the Seamen's War Pensions and Allowances Regulations as amended and in force for the time being.
Inserted by No. 104, 1973, s. 14.

(3B) Where the amount of a payment referred to in paragraph (c) of sub-section (3A) exceeds the amount to which the person to whom it is paid would be entitled under Division 1 if eligible solely under that Division, the amount by which the first-mentioned amount is to be reduced under sub-section (3A) shall be one-quarter of the second-mentioned amount.
Added by No. 105, 1964, s. 8.

(4) This section does not apply in relation to the grant of service pension to a child of a member of the Forces who is in the custody, care and control of the member or, if the member is dead, of the member's widow.
Section 88 repealed by No. 29, 1947, s. 9; section 89 repealed by No. 44, 1960, s. 6.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 90.
Net capital value of accumulated property.

SECT

Substituted by No. 29, 1947, s. 10.
Sub-section (1) amended by No. 34, 1950, s. 36; No. 31, 1951, s. 8; No. 69, 1953, s. 15; No. 68, 1956, s. 13; No. 47, 1963, s. 9; No. 42, 1966, s. 12; and No. 82, 1972, s. 12.
90. (1) In the computation of the net capital value of accumulated property for the purposes of this Division-

(a) all real and personal property and any superannuation pension shall, subject to this section, be deemed to be accumulated property;

(b) there shall be disregarded-

(i) the value of any property which is owned by the pensioner or applicant or by his spouse and is the permanent home of the pensioner or applicant;

(ii) the value of any furniture and personal effects;

(iii) the surrender value (not exceeding Fifteen hundred dollars in the aggregate) of any life insurance policy or policies;

(iv) the capital value of any life interest or annuity, other than a superannuation pension;

(v) the value of any contingent interest;

(vi) the present value of any reversionary interest or interests;

(vii) the value of any property (not being a contingent or reversionary interest) to which a person is entitled from the estate of a deceased person, but which has not been received by that person; and

(viii) the amount of any war gratuity under the War Gratuity Acts 1920 or the War Gratuity Act 1945;

(c) there shall be deducted the amount of any charge or encumbrance lawfully existing on the property, other than property the value of which is disregarded under the last preceding paragraph;

(d) if, for any special reason, in any particular case, the Commission so directs, the value of the whole or any part of the property of the applicant or pensioner or of his spouse shall be disregarded; and

(e) where a person has sold his home on terms and purchased another home, also on terms, there shall be set off against the amount of the balance due to him from time to time in respect of the sale of the former home the amount of the balance due by him from time to time in respect of the purchase of the latter home.
Inserted by No. 39, 1948, s. 6; amended by No. 34, 1950, s. 36; and No. 47, 1963, s. 9.

(1A) Where a charge or encumbrance lawfully exists on property the value of which is disregarded under paragraph (b) of the last preceding sub-section and the same charge or encumbrance lawfully exists on other property of the pensioner or applicant or of his spouse, the amount to be deducted under paragraph (c) of that sub-section shall be the amount which bears to the amount of the charge or encumbrance the same proportion as the value (as determined by the Commission) of that other property bears to the value (as determined by the Commission) of all the property of the pensioner, applicant or spouse on which the charge or encumbrance exists.
Inserted by No. 39, 1948, s. 6.

(1B) Where, in the opinion of the Commission, a charge or encumbrance is a collateral security, that charge or encumbrance, and the charge or encumbrance to which it is collateral (in this sub-section re- ferred to as ''the principal security''), shall, for the purposes of this section, be deemed to be one charge or encumbrance lawfully existing on any property on which either the collateral security or the principal security lawfully exists.
Inserted by No. 82, 1972, s. 12; amended by No. 27, 1973, s. 9; and No. 104, 1973, s. 28.

(1C) The value of a superannuation pension payable to a person who has not attained the age of ninety-nine years is an amount equal to the product of the amount of the annual rate of the superannuation pension and the conversion factor set out in column 2 of Schedule 7 opposite to the age next birthday of the person in column 1 of that Schedule.
Inserted by No. 82, 1972, s. 12.

(1D) Where a person in receipt of a superannuation pension has attained the age of ninety-nine years, the value of that superannuation pension shall be disregarded.
Amended by No. 39, 1948, s. 6; and No. 27, 1973, s. 9.

(2) For the purposes of this Division, the value of the property of a husband or wife shall-

(a) except where they are living apart in pursuance of a separation agreement in writing or of a decree, judgment or order of a court; or

(b) unless, for any special reason, in any particular case, the Commission otherwise determines,
be deemed to be half the sum of the value of the property of the husband and the value of the property of the wife, as computed, in any case in which sub-section (1) is applicable, in accordance with that sub-section.

REPATRIATION ACT 1920-1973 - SECT. 91.
Disposal of property.

SECT

Inserted by No. 58, 1935, s. 24.
91. If, in the opinion of the Commission, a service pensioner or an applicant for a service pension has directly or indirectly deprived himself of property or income in order to qualify for or obtain a pension or in order to obtain a pension at a higher rate than that for which he would have been otherwise eligible, the value of the property or the amount of the income of which the applicant has deprived himself shall be deemed to be the property or the income of the applicant.
Section 91A repealed by No. 39, 1955, s. 14.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 92.
Right to be paid service pension outside Australia.

SECT

Substituted by No. 27, 1973, s. 6.
92.** (1) Except as provided by this section, the right of a person to commence, or to continue, to be paid a service pension granted to him is not affected by the fact that he leaves Australia after the commencement of this section.

(2) An allowance by way of supplementary assistance is not payable in respect of any period during which the service pensioner is outside Australia.

(3) Subject to sub-section (4), where-

(a) a person who formerly resided in Australia has returned to Australia and, before the expiration of the period of twelve months that commenced on the date of his return, has lodged a claim for a service pension; and

(b) that person leaves Australia (whether before or after his claim is determined) before the expiration of that period,
any service pension granted as a result of that claim is not payable in respect of any period during which the service pensioner is outside Australia.

(4) Where the Commission considers, in relation to a person referred to in paragraph (a) of sub-section (3) who has been granted a service pension as a result of the claim referred to in that paragraph, that the person's reasons for leaving, or wishing to leave, Australia before the expiration of the period referred to in that paragraph arose from circumstances that could not reasonably have been foreseen at the time of his return to Australia, the Commission may, by instrument in writing, determine that that sub-section does not apply in relation to that service pension.

(5) Where a person who is in receipt of a pension by virtue of this section or of Part IVAA of the Social Services Act 1947-1973 would, if that pension were cancelled, be eligible, if he were residing in Australia, for the grant of another pension, being a service pension, that other pension (excluding any allowance by way of supplementary assistance) may, on the cancellation of the pension that he is in receipt of, be granted and paid as if he were residing in Australia.

(6) A service pension payable by virtue of this section may be paid in such manner, at such places and in such instalments as the Commission determines.

REPATRIATION ACT 1920-1973 - SECT. 93.
Payment of service pensions.

SECT

Inserted by No. 58, 1935, s. 24; amended by No. 47, 1958, s. 12; and No. 27, 1973, s. 9.
93. In such cases as the Commission thinks proper, the total service pensions and any allowance under section 98A payable per fortnight to-

(a) a member of the Forces and to any dependant being the wife or child of the member; or

(b) the widow and any child of a member of the Forces,
may be paid for the benefit of the service pensioners to such person and for such period as the Commission, from time to time, determines.

REPATRIATION ACT 1920-1973 - SECT. 94.
Pension to widow and children of service pensioner.

SECT

Substituted by No. 67, 1936, s. 10.
Sub-section (1) amended by No. 12, 1937, s. 6.
94. (1) Upon the death of a member of the Forces the service pension previously payable, or granted subsequent to his death, to the wife and children of the member may, subject to this Act, be continued at such rates, not exceeding the maximum rate payable under this Act to the wife or children as the case may be, as the Commission or a Board determines, but, if the wife re-marries, her pension shall be cancelled as from the date of the re-marriage.
Added by No. 66, 1968, s. 8; amended by No. 27, 1973, s. 9.

(2) Where-

(a) a service pension would, but for sub-section (5) of section 85, be payable to a child of a member of the Forces in accordance with paragraph (a) in the second column of the table in sub-section (1) of that section; and

(b) the member dies,
the Commission or a Board may grant to the child a service pension at such rate, not exceeding the rate specified in paragraph (a) in the second column of the table in sub-section (1) of that section, as the Commission or the Board determines.
Added by No. 104, 1973, s. 15.

(3) A person who is in receipt of a double orphan's pension under Part VIA of the Social Services Act 1947-1973 is not entitled to a pension under this section.

REPATRIATION ACT 1920-1973 - SECT. 94A.
Declaration of mental hospitals.

SECT

Inserted by No. 42, 1966, s. 7.
94A. Where the Commission is satisfied that accommodation for mentally ill or mentally defective persons is provided in any premises, the Commission may, by instrument in writing, declare the premises to be a mental hospital for the purposes of this Division.

REPATRIATION ACT 1920-1973 - SECT. 94B.
Service pensioner in mental hospital.

SECT

Inserted by No. 42, 1966, s. 7.
Sub-section (1) amended by No. 27, 1973, s. 9.
94B. (1) Subject to this section, where-

(a) a service pensioner is a mental hospital patient; and

(b) the rate of his service pension exceeds the rate of age pension specified in paragraph (a) of sub-section (1) of section 50 of the Social Services Act 1947-1966 that would be applicable to him if he were an age pensioner who was an inmate of a benevolent home,
that part of his service pension that exceeds pension at that last- mentioned rate is, by force of this section, suspended in respect of the period during which he is a mental hospital patient.

(2) Where a service pensioner who is a mental hospital patient is, for a continuous period of more than six days, absent from a mental hospital, the last preceding sub-section does not apply to him in respect of any whole day included in the period during which he is so absent.
Amended by No. 27, 1973, s. 9.

(3) Where-

(a) a part of the service pension of a mental hospital patient has been suspended by force of sub-section (1); and

(b) he ceases to be a mental hospital patient otherwise than by reason of death,
he is, subject to this Division, entitled to payment of the part of his pension that was suspended-

(c) in respect of each day in respect of which a part of his pension was suspended; or

(d) if the number of days in respect of which a part of his pension was suspended exceeds eighty-four days-in respect of each of the last eighty-four of those days.
Amended by No. 27, 1973, s. 9.

(4) Where a mental hospital patient is absent from a mental hospital for a continuous period of four weeks or more, he shall, for the purposes of the last preceding sub-section, be deemed to have ceased to be a mental hospital patient at the commencement of the absence, and, if he ceases to be so absent by reason of again becoming an inmate of a mental hospital, he shall, for the purposes of sub-section (1), be deemed to have again become a mental hospital patient.

(5) This section does not apply in relation to a service pensioner in respect of any period during which he is in receipt of an allowance under the Tuberculosis Act 1948 by reason that he is suffering from pulmonary tuberculosis.
Added by No. 66, 1968, s. 9; amended by No. 27, 1973, s. 9.

(6) In this section, ''service pension'' includes an allowance under section 98A.

REPATRIATION ACT 1920-1973 - SECT. 95.
Service pensioner in a public institution.

SECT

Substituted by No. 67, 1936, s. 11.
Sub-section (1) omitted by No. 42, 1966, s. 8.
95. (1) * * * * * * *
Substituted by No. 69, 1953, s. 17; amended by No. 44, 1960, s. 3; No. 47, 1963, s. 10; No. 66, 1968, s. 10; and No. 27, 1973, s. 9.

(1A) If an applicant for service pension is, or a service pensioner becomes, an inmate of an institution that is a benevolent home, and is maintained in that institution at the public expense-

(a) he shall, subject to this section, for so long as he remains an inmate of the institution, be paid so much of his pension as does not exceed the rate of age pension specified in paragraph (a) of sub-section (1) of section 50 of the Social Services Act 1947-1963 that would be applicable to him if he were an age pensioner who had become an inmate of a benevolent home;

(aa) in the case of a male service pensioner in relation to whose income sub-section (2) of section 87 of this Act applies and the maximum rate of whose pension is increased by reason of the operation of sub-section (1B) or sub-section (1F) of section 28 of the Social Services Act 1947-1968 in its application for the purposes of this Division-there shall, so long as he remains an inmate of the institution, be paid to his wife so much of his service pension as does not exceed the amount per annum by which the amount per annum of his service pension is greater than the amount that, but for the operation of those sub-sections, would be the amount per annum of his service pension; and

(b) the balance (if any) of his pension shall be paid to the person controlling the institution for the maintenance of the pensioner in the institution.
Sub-sections (1B) and (1C) omitted by No. 15, 1972, s. 5.
* * * * * * * *
Inserted by No. 17, 1971, s. 5; amended by No. 15, 1972, s. 5; and No. 27, 1973, s. 9.

(1D) An amount of a service pension that would, but for this sub- section, be payable to a person controlling an institution by virtue of sub-section (1A) is not so payable in respect of a period during which a Commonwealth benefit is payable under Part V of the National Health Act 1953-1970 in respect of hospital treatment received by the service pensioner concerned.
Substituted by No. 42, 1966, s. 8; amended by No. 17, 1971, s. 5; No. 15, 1972, s. 5; and No. 27, 1973, s. 9.

(2) A payment under sub-section (1A) shall commence-

(a) where it is granted in pursuance of an application made by a person who is an inmate as specified in this section-as from the date of the application; and

(b) where a service pensioner becomes such an inmate-on the first pension pay day after he becomes such an inmate.
Amended by No. 34, 1950, s. 38; and No. 27, 1973, s. 9.

(3) This section shall not apply to a member of the Forces who is suffering from pulmonary tuberculosis and is undergoing treatment for that disease in any institution specified in sub-section (1A).
Added by No. 66, 1968, s. 10; amended by No. 27, 1973, s. 9.

(4) In this section, ''pension'' includes an allowance under section 98A.

REPATRIATION ACT 1920-1973 - SECT. 96.
Acquisition of property, &c., to be notified.

SECT

Substituted by No. 47, 1963, s. 11.
96. (1) Except as prescribed, whenever a service pensioner becomes the owner of property he shall, within twenty-eight days after becoming the owner of that property, notify the Commission, or the Board for the State or Territory in which he resides, accordingly.
Amended by No. 27, 1973, s. 9.

(2) Where the average weekly rate of any income, other than service pension, received in any prescribed period by a service pensioner who-

(a) is not married, or is married but is living apart from his spouse; and

(b) is not a person in receipt of an allowance under section 98A,
is higher than the prescribed rate and is higher than the average weekly rate of the income last specified by him in an application, statement or notification under this Division, the pensioner shall, within fourteen days after the expiration of that period, notify the Commission, or the Board for the State or Territory in which he resides, of the amount of the income received by him in that period.
Amended by No. 27, 1973, s. 9.

(3) Where the average weekly rate of the sum of-

(a) any income, other than service pension, received in any prescribed period by a service pensioner who-

(i) is married and is not living apart from his spouse; and

(ii) is not a person in receipt of an allowance under section 98A; and

(b) any income, other than service pension, received by his spouse,
is higher than the prescribed rate and is higher than the average weekly rate of the sum of the income of the pensioner and the income of his spouse last specified by him in an application, statement or notification under this Division, the pensioner shall, within fourteen days after the expiration of that period, notify the Commission, or the Board for the State or Territory in which he resides, of the amount of the income received by him, and the amount of the income received by his spouse, in that period.
Amended by No. 27, 1973, s. 9.

(4) For the purposes of the last two preceding sub-sections-

''prescribed period'', in relation to a service pensioner, means-

(a) any period of such number of consecutive weeks as the Commission from time to time determines and causes to be notified, in writing, to the pensioner; or

(b) in the absence of such determination and notification-any period of eight consecutive weeks;

''prescribed rate'', in relation to a service pensioner, means-

(a) such rate as the Commission from time to time determines and causes to be notified, in writing, to the pensioner; or

(b) in the absence of such determination and notification-

(i) if the pensioner is married and is not living apart from his spouse-the rate specified in sub-paragraph (i) of paragraph (b) of the definition of ''prescribed rate'' in sub-section (4) of section 45 of the Social Services Act 1947-1963; or

(ii) in any other case-the rate specified in sub-paragraph (ii) of paragraph (b) of that definition.

(5) A notification for the purposes of the last preceding sub-section may be given by sending it by post to the address of the pensioner last known to the Commission.
Amended by No. 42, 1966, s. 12; and No. 27, 1973, s. 9.

(6) In the event of-

(a) the marriage or remarriage of a service pensioner;

(b) the dissolution of the marriage of a service pensioner;

(c) a married service pensioner ceasing to live with his spouse or ceasing to live apart from his spouse;

(d) the death of the spouse of a service pensioner;

(e) a service pensioner ceasing to reside in a home owned by him or his spouse;

(f) a service pensioner becoming an inmate of a benevolent home; or

(g) a service pensioner disposing of any property the value of which-

(i) is, by virtue of paragraph (b) of sub-section (1) of section 90, disregarded in the computation of the net capital value of accumulated property for the purposes of this Division; and

(ii) exceeds Two hundred dollars,
the pensioner shall notify the Commission, or the Board for the State or Territory in which he resides, accordingly within fourteen days after the occurrence of the event.
Amended by No. 216, 1973, s. 3.

(7) A service pensioner-

(a) shall not leave Australia, except to go to an external Territory; or

(b) shall not leave an external Territory, except to go to Australia or to another external Territory,
without first giving notice to the Commission, or the Board for the State or Territory in which he resides, of his intention so to leave Australia or the Territory.
Amended by No. 27, 1973, s. 9.

(8) Where a member of the Forces is in receipt of a service pension and a child of the member who is in the custody, care and control of the member-

(a) ceases to be in the custody, care or control of the member; or

(b) being a child referred to in paragraph (b) of the definition of ''Child'' in sub-section (1) of section 83-

(i) ceases to be wholly or substantially dependent on the member; or

(ii) ceases to receive full-time education at a school, college or university,
the member shall, within fourteen days after the child so ceases, notify the Commission, or the Board for the State or Territory in which the child resides, accordingly.
Amended by No. 42, 1966, s. 12; and No. 27, 1973, s. 9.

(9) Where a child of a member of the Forces who-

(a) is not in the custody, care and control of the member;

(b) is a child referred to in paragraph (b) of the definition of ''Child'' in sub-section (1) of section 83; and

(c) is in receipt of a service pension,
ceases to receive full-time education at a school, college or university, the person to whom the service pension is paid on behalf of, or as trustee of, the child shall, within fourteen days after the child so ceases, notify the Commission, or the Board for the State or Territory in which the child resides, accordingly.

Penalty: Forty dollars.

REPATRIATION ACT 1920-1973 - SECT. 97.
Service pensioner to furnish information when required.

SECT

Inserted by No. 58, 1935, s. 24.
97. (1) Whenever required by the Commission or a Board each service pensioner shall forward to the Commission or Board, as the case may be, a statement in the prescribed form relating to his income and accumulated property.

(2) Where a service pensioner fails to comply with any requirement made by the Commission or a Board under the last preceding sub- section the Commission or Board may cancel the pension.

REPATRIATION ACT 1920-1973 - SECT. 98.
Cancellation or variation of pension.

SECT

Inserted by No. 58, 1935, s. 24.
98. If upon investigation the Commission or a Board is satisfied that a service pension should be cancelled or that the rate of pension is greater or less than it should be, the Commission or Board may cancel the pension or reduce or increase the rate of pension accordingly.

REPATRIATION ACT 1920-1973 - SECT. 98AA.
Rate of supplementary allowance during period when spouse overseas.

SECT

Inserted by No. 27, 1973, s. 7.
98AA. Where-

(a) a person and the husband or wife of the person are each receiving an allowance by way of supplementary assistance at a rate ascertained in accordance with sub-section (3A) of section 98A; and

(b) the wife or husband of the person ceases, by virtue of section 92, to receive the allowance during a period during which he or she is outside Australia,
the rate of the allowance of the first-mentioned person during the period referred to in paragraph (b) is the rate that would be applicable if the person were a person to whom sub-section (3) of section 98A applies.

REPATRIATION ACT 1920-1973 - SECT. 98A.
Supplementary assistance.

SECT

Substituted by No. 64, 1965, s. 10.
Sub-section (1) substituted by No. 82, 1972, s. 13.
98A.** (1) This section applies to a person if-

(a) the person is a service pensioner;

(b) the amount of that person's means as assessed is less than Two hundred and sixty dollars; and

(c) the Commission is satisfied that that person-

(i) requires supplementary assistance by reason that that person or that person's husband or wife pays rent; and

(ii) is entirely or substantially dependent upon that person's pension.
Inserted by No. 82, 1972, s. 13.

(1A) A person does not comply with sub-paragraph (i) of paragraph (c) of the last preceding sub-section by reason only that the wife or husband of the person pays for lodging, or for board and lodging, in premises outside the matrimonial home.
Inserted by No. 82, 1972, s. 13; amended by No. 27, 1973, s. 9.

(1B) Where a husband and wife are living apart, neither spouse complies with sub-paragraph (i) of paragraph (c) of sub-section (1) by reason only that the other spouse pays rent.

(2) Subject to this section, there is payable to a person to whom this section applies, in addition to his service pension, an allowance by way of supplementary assistance.
Substituted by No. 82, 1972, s. 13; amended by No. 27, 1973, s. 9.

(3) Where a person is a person-

(a) the rate of whose service pension is calculated having regard to paragraph (a) of sub-section (1A) of section 28 of the Social Services Act 1947-1972;

(b) in respect of whom a determination is in force under sub-section (2) of section 84 of this Act; or

(c) in respect of whose wife or husband a determination is in force under sub-section (2) of section 84 of this Act,
the rate at which an allowance under this section is payable to that first-mentioned person is-

(d) where the amount of his means as assessed is Fifty-two dollars or less-Two hundred and eight dollars per annum; or

(e) in any other case-an amount per annum equal to the amount by which Two hundred and sixty dollars exceeds the amount of his means as assessed.
Inserted by No. 82, 1972, s. 13.

(3A) The rate at which an allowance under this section is payable to a person, other than a person to whom the last preceding sub-section applies, is one-half of the rate at which the allowance would be payable if the person were a person to whom the last preceding sub-section applies.

(4) An allowance under this section is payable from a date determined by the Commission, which may be a date before the date of the determination.
Substituted by No. 82, 1972, s. 13.

(4A) An allowance under this section is not payable to a child of a member of the Forces.
Sub-section (4B) omitted by No. 82, 1972, s. 13.
* * * * * * * *

(5) Where a person in receipt of an allowance under this section ceases to be a person to whom this section applies, the Commission may cancel the allowance as on and from such date as the Commission determines.
Amended by No. 27, 1973, s. 9.

(6) The date determined by the Commission under the last preceding sub-section may, in the case of a person who has failed to comply with a requirement of section 96 or of sub-section (8) or (9) of this section, be a date earlier than the date of the determination but not earlier than the first day after the expiration of the time within which the requirement could have been complied with, and, if any amount of the allowance is received by the person in respect of a period after the date so determined-

(a) the person is liable to refund that amount; and

(b) the Commission may sue for and recover that amount in any court of competent jurisdiction as a debt due to the Commonwealth.
Sub-section (7) omitted by No. 64, 1965, s. 10.
* * * * * * * *
Amended by No. 42, 1966, s. 12.

(8) Where a person in receipt of an allowance under this section-

(a) ceases to pay rent; or

(b) in any period of two consecutive weeks, receives income the average weekly rate of which is higher than the weekly rate of income last specified by him in an application, claim, statement or notification under this Part,
the person shall, within fourteen days after the date on which the last payment of rent was due, or after the expiration of that period, as the case may be, notify the Commission in writing accordingly.

Penalty: Forty dollars.
Amended by No. 44, 1960, s. 3; No. 64, 1965, s. 10; No. 42, 1966, s. 12; and No. 27, 1973, s. 9.

(9) Where the husband or wife of a person in receipt of an allowance under this section is granted an age pension or invalid pension under Part III of the Social Services Act 1947-1960 or an allowance under section 9 of the Tuberculosis Act 1948, that last-mentioned person shall, within fourteen days after becoming aware of the grant of the pension or allowance, notify the Commission in writing of the grant.

Penalty: Forty dollars.

(10) In this section, ''rent'', in relation to a service pensioner, means rent in respect of premises, or a part of premises, occupied by him as his home, and includes amounts payable by him for lodging, or for board and lodging.

REPATRIATION ACT 1920-1973 - SECT. 98AAA.
Transitional benefit for the aged blind.

SECT

Inserted by No. 104, 1973, s. 16.
98AAA. (1) This section applies to a person if-

(a) the person is in receipt of a service pension;

(b) the person is permanently blind;

(c) the person, being a woman, has attained the age of sixty years or, being a man, has attained the age of sixty-five years; and

(d) the person is not in receipt of a transitional benefit for the aged blind under section 30D of the Social Services Act 1947-1973.

(2) There is payable to a person to whom this section applies, in addition to his service pension, a transitional benefit that, until the Parliament otherwise provides, shall be payable at the rate of One hundred and fifty-six dollars per annum.

(3) A benefit under this section is payable from a date determined by the Commission, which may be a date before the date of the determination.

(4) Where a person in receipt of a benefit under this section ceases to be a person to whom this section applies, the Commission may cancel the benefit as on and from such date as the Commission determines.

REPATRIATION ACT 1920-1973 - SECT. 98B.
On death of married person, widow, widower or child to receive certain
benefits for three months.

SECT

Inserted by No. 66, 1968, s. 11.
98B. (1) For the purposes of this section, unless the contrary intention appears-

(a) a woman shall be deemed to be the widow of a deceased man where, immediately before his death, she was a dependent female in respect of him for the purposes of the operation of a provision of Part III of the Social Services Act 1947-1968; and

(b) a man shall be deemed to be the widower of a deceased woman where, immediately before her death, she was a dependent female in respect of him for the purposes of the operation of a provision of Part III of the Social Services Act 1947-1968.
Amended by No. 27, 1973, s. 9.

(2) Subject to this Division, where-

(a) a person in receipt of a service pension, being a person in relation to whose income sub-section (2) of section 87 applies; or

(b) a person in receipt of a pension under Part III of the Social Services Act 1947-1968, being a person who is a married person for the purposes of that Part,
dies and the widow or widower, or a child, of the deceased person was, at the time of the death of that person, in receipt of a service pension-

(c) that service pension is, notwithstanding section 94 of this Act, payable at the rate at which it would have been payable if the deceased person had not died; and

(d) in addition, there is payable to the widow or widower a service pension at a rate equal to the rate at which the pension referred to in paragraph (a) or paragraph (b), as the case may be, of this sub-section would have been payable to the deceased person if-

(i) the deceased person had not died;

(ii) where the next succeeding sub-section applies in relation to the deceased person-the provisions referred to in that sub-section did not operate in relation to that person; and

(iii) where section 95 of this Act or section 50 of the Social Services Act 1947-1968 operated in relation to the deceased person at the time of his death-that section did not operate in relation to that person.
Amended by No. 27, 1973, s. 9.

(3) For the purposes of the last preceding sub-section, a deceased person who, but for the operation of the provisions of section 133N, or sub-section (1) of section 135D, of the Social Services Act 1947-1968, would have been in receipt of a pension under Part III of the Social Services Act 1947-1968 at the time of his or her death shall be deemed to have been in receipt of that pension at that time.
Amended by No. 27, 1973, s. 9.

(4) Section 95 does not apply in relation to a pension payable by virtue of paragraph (d) of sub-section (2) of this section.

(5) Where the amount of a fortnightly payment that, but for this sub-section, would be made to the widow or widower of a deceased person under the preceding provisions of this section would be less than the amount of the corresponding fortnightly payment that, but for this section, would be made to that widow or widower under this Division and under the Social Services Act 1947-1968, the amount of the fortnightly payment to be made to that widow or widower under this section is that second-mentioned amount.

(6) A reference in the last preceding sub-section to a fortnightly payment that, but for this section, would be made to a widow or widower under the Social Services Act 1947-1968 shall be read as a reference to the payment that would be so made if fortnightly instalments of pensions and allowances under that Act were paid at fortnightly intervals corresponding to the fortnightly intervals at which service pensions are paid.

(7) This section applies in relation to the widow, widower or child of a deceased person only in respect of instalments of service pension falling due during the period of twelve weeks after the date of the death of the deceased person.
Inserted by No. 4, 1970, s. 5; amended by No. 27, 1973, s. 9.

(7A) Where, immediately before the death of a person referred to in paragraph (a) or paragraph (b) of sub-section (2), a determination made under sub-section (2) of section 84 was in force in relation to the husband or wife of the person, then, for the purposes of this section-

(a) that determination shall be deemed not to have been made; and

(b) if a determination made under sub-section (2) of section 84 of this Act or a direction given under sub-section (1AAA) of section 28 of the Social Services Act 1947-1970 was in force in relation to the deceased person immediately before the death of the person-that determination or direction shall be deemed not to have been made or given.

(8) In this section, ''service pension'' includes an allowance under the last preceding section.

REPATRIATION ACT 1920-1973 - SECT. 99.
Extension of application of Act to certain male members of the Forces.

SECT

s. 34; amended by No. 34, 1950, s. 39. Division 6-Extension of Application of Provisions of Divisions 1 to 5
to certain Male Members of the Forces (1939-1945 War)
Division 6 inserted by No. 37, 1940, s. 12. Heading substituted by No. 22, 1943, Inserted by No. 37, 1940, s. 12.
Sub-section (1) amended by No. 22, 1943, ss. 35 and 52; No. 47, 1963, s. 12; and No. 27, 1973, s. 9.
99. (1) Subject to the provisions of this Division, the provisions of Divisions 1 to 4 (inclusive), other than section 24, and of the Schedules, shall extend to and in relation to-

(a) members of the Forces within the meaning of section 100; and

(b) the dependants of such members.
Inserted by No. 47, 1963, s. 12; amended by No. 2, 1973, s. 10; and No. 27, 1973, s. 9.

(1A) Subject to the provisions of this Division, the provisions of Division 5 shall extend to and in relation to-

(a) a member of the Forces within the meaning of section 100;

(b) the wife, as defined in sub-section (1) of section 83, of such a member; and

(c) a child, as defined in sub-section (1) of section 83, of such a member.
Amended by No. 22, 1943, ss. 35 and 52; No. 39, 1948, s. 8; No. 34, 1950, s. 40; No. 80, 1950, s. 12; No. 69, 1953, s. 18; No. 47, 1963, s. 12; No. 82, 1972, s. 14; No. 139, 1972, s. 15; No. 2, 1973, s. 10; and No. 27, 1973, s. 9.

(2) For the purposes of the extension of the provisions of Divisions 1 to 5 (inclusive) and of the Schedules as provided in the last two preceding sub-sections-

(a) any reference in those Divisions or Schedules to a member of the Forces or to a member or to a returned soldier shall, except where otherwise expressly provided, be read as a reference to a member of the Forces within the meaning of section 100; and

(b) any reference in those Divisions or Schedules to dependants shall, except where otherwise expressly provided, be read as a reference to-

(i) the wife or widow of a member of the Forces;

(ii) the widowed mother of an unmarried member;

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

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

(v) any other members of the family of a member who were wholly or partly dependent upon his earnings at the time of his enlistment or at any time during his war service;

(vi) any ex-nuptial child (wholly or partly dependent upon the earnings of a member at the time of his enlistment or at any time during his war service) of a son or daughter of the member;

(vii) the parents or grand-parents of a member, who is an ex-nuptial child, who were so dependent; and

(viii) in the case of a member of the forces who is a Torres Strait Islands member for the purposes of Part II of the Repatriation (Torres Strait Islanders) Act 1972-a person whom the Commission, by instrument in writing, determines, for the purposes of this sub-paragraph, to be a person who is dependent on the member.**
Sub-section (3) omitted by No. 2, 1973, s. 10.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 100.
Interpretation.

SECT

Substituted by No. 22, 1943, s. 36; amended by No. 22, 1943, s. 52; No. 34, 1950, s. 41; No. 105, 1964, s. 10; No. 2, 1973, s. 11; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.
100. For the purposes of this Division-

''Active Service'' means any active service by a member of the Forces-

(a) on a ship of war engaged in seagoing operations beyond the territorial waters of Australia;

(b) outside Australia;

(c) in the case of a member who embarked for service abroad or in the external Territories, after the vessel or aircraft on which the member proceeded outside Australia had departed from the port or aerodrome at which the member embarked; or

(d) within Australia-

(i) in such areas as are prescribed as combat areas for the purposes of this Act, during such periods as are prescribed, and under such conditions as are prescribed;

(ii) at any place at which the member has been injured or has contracted disease as a result of enemy action;

(iii) in actual combat against the enemy; or

(iv) in such circumstances as, in the opinion of the Commission, should be deemed to be actual combat against the enemy;

''dependant'' means a dependant specified in paragraph (b) of sub-section (2) of section 99;

''enlisted'' includes appointed to, or called up for continuous service with, the Naval, Military or Air Forces of the Commonwealth;

''enlistment'' includes appointment to, or call up for continuous service with, the Naval, Military or Air Forces of the Commonwealth;

''member of the Forces'' means a male person who, during the war, was-

(a) a member of the Permanent Naval Forces, the Permanent Military Forces or the Permanent Air Force of the Commonwealth; or

(b) a member of the Citizen Forces enlisted for the duration of, and directly in connexion with, the war,

and whose war service commenced prior to 1st July, 1947;

''the war'' means the war which commenced on 3rd September, 1939, and includes any other war in which His Majesty became engaged after that date and before 3rd September, 1945;

''war service'' means the service, during the war, of a member of the Forces.

REPATRIATION ACT 1920-1973 - SECT. 101.
Liability of Commonwealth to pay pensions to certain male members of the
Forces.

SECT


Inserted by No. 37, 1940, s. 12.
Sub-section (1) amended by No. 22, 1943, s. 37; No. 39, 1948, s. 9; No. 34, 1950, s. 42; No. 58, 1959, s. 6; No. 105, 1964, s. 11; and No. 27, 1973, s. 9.
101. (1) Upon the incapacity or death-

(a) of any member of the Forces who was employed on active service, whose incapacity or death has resulted from any occurrence that happened during the period from the date of his enlistment to the date of the termination of his service in respect of that enlistment; or

(b) of any member of the Forces whose incapacity or death has arisen out of or is attributable to his war service,
the Commonwealth shall, subject to this Act, be liable to pay to the member, or his dependants, or both, as the case may be, pensions in accordance with Division 1:

Provided that-

(a) the incapacity or death of the member-

(i) is not due to the serious default or wilful act of the member;

(ii) does not arise from intentionally self-inflicted injuries; and

(iii) does not arise from, or from any occurrence that happened during the commission of, any serious breach of discipline by the member,

but, if the death of the member is, in the opinion of the Commission, due to venereal disease contracted during his period of service, the Commonwealth shall, subject to this Act, be liable to pay pensions to his widow and to his children, being persons specified in sub-paragraph (iii) of paragraph (b) of sub-section (2) of section 99;

(b) the right of any person to payment by way of pension under this Act shall be substituted for his right to any payment in respect of incapacity or death, which, but for this Act, would have been due under the Naval Defence Act 1910-1934, or the Defence Act 1903-1939, or the Air Force Act 1923-1939, and any right of that person under any of those Acts shall be by force of this Act determined;

(c) If the member or any of his dependants is entitled to receive, or receives, under-

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

(ii) the law of any State,

any payment in respect of incapacity or death resulting from employment in connexion with warlike operations in which His Majesty 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 his dependants, 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;

(d) in the case of a member who was appointed or enlisted-

(i) for service in any part of the Forces which was raised in time of war for war service, or solely for service in time of war or during that time and a definite time thereafter; or

(ii) in the Citizen Forces and called up for continuous service for the duration of, and directly in connexion with, the war,

the liability of the Commonwealth to pay pension to or in relation to the member shall not arise until the termination of his war service or 1st July, 1951, whichever first happens; and

(e) in the case of any other member who was serving on 3rd January, 1949, the liability of the Commonwealth to pay pension to or in relation to the member shall be deemed to have arisen on that date.
Inserted by No. 34, 1950, s. 42; amended by No. 27, 1973, s. 9.

(1AA) For the purposes of this section-

(a) where any member to whom paragraph (d) of the proviso to the last preceding sub-section applies is still serving on 1st July, 1951, the day immediately preceding that date shall be deemed to be the date of the termination of his war service; and

(b) the day immediately preceding the date specified in paragraph (e) of that proviso shall be deemed to be the date of the termination of the war service of a member to whom that paragraph applies.
Substituted by No. 34, 1950, s. 42; amended by No. 27, 1973, s. 9.

(1A) For the purposes of paragraph (b) of sub-section (1) but without affecting the generality thereof, the incapacity or death of a member shall be deemed to have arisen out of his war service if it was the result of an accident that happened to him while travelling directly to or from his place of employment on war service or was, in the opinion of the Commission, due to an accident that occurred or to a disease or an infection that was contracted, and that would not have occurred or been contracted but for his being on war service or but for changes in his environment consequent upon his being on war service.
Amended by No. 22, 1943, s. 37; No. 34, 1950, s. 42; and No. 27, 1973, s. 9.

(2) Notwithstanding that, in the case of a member of the Forces, who, after his enlistment, served in camp in Australia for at least six months or was employed on active service, the origin or cause of his incapacity or death existed prior to his enlistment, then, if in the opinion of the Commission or a Board-

(a) the incapacity from which the member is suffering or from which he has died has been contributed to in any material degree, or has been aggravated, by the conditions of his war service; and

(b) neither the incapacity or death, nor the origin of the cause of the incapacity or death, was due to the serious default or wilful act of the member,
the Commonwealth shall, subject to this Act, be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with Division 1.
Added by No. 22, 1943, s. 37.

(3) Where a pension is granted, the Commission or a Board may, subject to this Act, approve of the payment of the pension on and from a date not prior to three months before the date of lodgment of the claim for pension.
Added by No. 22, 1943, s. 37.

(4) Where a claim for pension was, prior to the commencement of this sub-section, rejected on the ground that the incapacity or death of the member of the Forces was not directly attributable to his employment as a member, the Commission shall, without further application, consider the claim as if it were a claim under this section and, if a pension is granted, the Commission may, subject to this Act, approve of the payment of the pension on and from a date not earlier than six months prior to the commencement of this sub-section.

REPATRIATION ACT 1920-1973 - SECT. 102.
Extension of Division in respect of other parts of the Queen's dominions.

SECT

Substituted by No. 58, 1952, s. 11; amended by No. 69, 1953, s.19; No. 47, 1963, s. 13; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.
102. The provisions specified in sub-sections (1) and (1A) of section 99 and the provisions of sections 101 and 103 extend, in like manner as they extend to a member of the Forces, to, and in relation to, a person who-

(a) having been appointed or enlisted before 1st July, 1947, served before 1st July, 1951, in the naval, military or air forces of a part of the Queen's dominions, other than the Commonwealth, on active service outside that part of the Queen's dominions or in a theatre of war;

(b) satisfies the Commission that he was, immediately before his appointment or enlistment, domiciled in Australia or an external Territory;** and

(c) is resident in Australia or an external Territory,
of which the pensions are payable were attributable to service in one war only.

REPATRIATION ACT 1920-1973 - SECT. 103.
Maximum rates of pensions.

SECT

Inserted by No. 37, 1940, s. 12.
103. Notwithstanding anything contained in this Act, the Commonwealth shall not be liable to pay to any person pensions at rates which in the aggregate exceed the rate at which pension would have been payable to that person if the incapacity or death or both in respect of which the pensions are payable were attributable to service in one war only.

REPATRIATION ACT 1920-1973 - SECT. 104.
Extension of application of Act to members of Women's Services.

SECT

Heading amended by No. 34, 1950, s. 44. Division 7-Extension of Application of Provisions of Divisions 1 to 5
to Members of the Women's Services (1939-1945 War)
Division 7 inserted by No. 22, 1943, s. 39.
Inserted by No. 22, 1943, s. 39.
Sub-section (1) amended by No. 22, 1943, s. 52; No. 47, 1963, s. 14; No. 105, 1964, s. 12; No. 2, 1973, s. 12; and No. 27, 1973, s. 9.
104. (1) Subject to the provisions of this Division, the provisions of Divisions 1 to 4 (inclusive) (other than section 24), sections 100 (other than the definitions of ''dependant'' and ''member of the Forces''), 101 and 103 and of the Schedules shall extend to, and in relation to-

(a) members of the Forces within the meaning of section 105; and

(b) the dependants of such members.
Inserted by No. 47, 1963, s. 14; amended by No. 27, 1973, s. 9.

(1A) Subject to the provisions of this Division, the provisions of Division 5 shall extend to and in relation to-

(a) a member of the Forces within the meaning of section 105; and-

(b) a child, as defined in sub-section (1) of section 83, of such a member.
Amended by No. 22, 1943, s. 52; No. 34, 1950, s. 45; No. 80, 1950, s. 12; No. 39, 1955, s. 15; No. 47, 1963, s. 14; No. 82, 1972, s. 15; No. 2, 1973, s. 12; and No. 27, 1973, s. 9.

(2) For the purposes of the extension of the provisions of Divisions 1 to 5 (inclusive), of sections 100, 101 and 103 and of the Schedules as provided in the last two preceding sub-sections-

(a) any reference in those Divisions, sections or Schedules to a member of the Forces or to a member shall, except where otherwise expressly provided, be read as a reference to a member of the Forces within the meaning of section 105; and

(b) any reference in those Divisions, sections or Schedules to dependants shall, except where otherwise expressly provided, be read as a reference to-

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

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

(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 her enlistment, or at any time during her war service.

REPATRIATION ACT 1920-1973 - SECT. 105.
Interpretation.

SECT

Inserted by No. 22, 1943, s. 39; amended by No. 22, 1943, s. 52; No. 29, 1947, s. 12; No. 34, 1950, s. 46; No. 39, 1955, s. 16; No. 47, 1963, s. 15; No. 105, 1964, s. 13; No. 82, 1972, s. 16; No. 2, 1973, s. 13; and No. 27, 1973, s. 9.
105. For the purposes of this Division, unless the contrary intention appears-

''dependant'' means a dependant specified in paragraph (b) of sub-section (2) of section 104;

''member of the Forces'' means a person who, on or after 3rd September, 1939, and before 1st July, 1947, was a member of the Royal Australian Naval Nursing Service, the Australian Army Nursing Service, the Royal Australian Air Force Nursing Service, the Women's Royal Australian Naval Service, the Australian Women's Army Service, the Australian Army Medical Women's Service or the Women's Auxiliary Australian Air Force or any woman who, during the war, was an officer of the Australian Army Medical Corps or was employed on full-time paid duty as a member of the Voluntary Aid Detachment.

REPATRIATION ACT 1920-1973 - SECT. 106.
Pensions to dependants of members of Women's Services.

SECT

Substituted by No. 39, 1955, s. 17.
106. (1) A pension shall not be granted or continued to a dependant of a member of the Forces, being a dependant who is not a child of the member, unless-

(a) where dependant 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 shall not be granted or continued to a dependant of a 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 ACT 1920-1973 - SECT. 107.
Extension of Division in respect of other parts of the Queen's dominions.

SECT

Substituted by No. 58, 1952, s. 12; amended by No. 47, 1963, s. 16; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.
107. The provisions specified in sub-sections (1) and (1A) of section 104 extend, in like manner as they extend to a member of the Forces, to, and in relation to, a person who-

(a) having been appointed, enlisted or enrolled before 1st July, 1947, served before 1st July, 1951, in a nursing service of, or other women's service auxiliary to, the naval, military or air forces of a part of the Queen's dominions, other than the Commonwealth, on active service outside that part of the Queen's dominions or in a theatre of war;

(b) satisfies the Commission that she was, immediately before her appointment, enlistment or enrolment, domiciled in Australia or an external Territory;** and

(c) is resident in Australia or an external Territory.

REPATRIATION ACT 1920-1973 - SECT. 107A.
Extension of application of Act to certain male members of the Forces.

SECT

Application of Provisions of Divisions 1 to 5 to certain Male Members of the Forces (Korea and Malaya Operations)**
Division 8 inserted by No. 34, 1950, s. 48. Division 8-Extension of Inserted by No. 34, 1950, s. 48.
Sub-section (1) amended by No. 39, 1955, s. 18; No. 47, 1963, s. 17; and No. 27, 1973, s. 9.
107A. (1) Subject to the provisions of this Division, the provisions of Divisions 1 to 4 (inclusive) (other than section 24), of section 103 and of the Schedules extend to, and in relation to-

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

(b) the dependants of such members.
Inserted by No. 47, 1963, s. 17; amended by No. 2, 1973, s. 14; and No. 27, 1973, s. 9.

(1A) Subject to the provisions of this Division, the provisions of Division 5 shall extend to and in relation to-

(a) a member of the Forces within the meaning of this Division;

(b) the wife, as defined by sub-section (1) of section 83, of such a member; and

(c) a child, as defined in sub-section (1) of section 83, of such a member.
Amended by No. 69, 1953, s. 20; No. 39, 1955, s. 18; No. 47, 1963, s. 17; No. 82, 1972, s. 17; No. 2, 1973, s. 14; and No. 27, 1973, s. 9.

(2) For the purposes of the provisions of Divisions 1 to 5 (inclusive) and of the Schedules as extended by the last two preceding sub- sections-

(a) any reference in those Divisions or Schedules to a member of the Forces or to a member or to a returned soldier shall, except where otherwise expressly provided, be read as a reference to a member of the Forces within the meaning of section 107B;

(b) any reference in those Divisions or Schedules to dependants shall, except where otherwise expressly provided, be read as a reference to-

(i) the wife or widow of a member of the Forces;

(ii) the widowed mother of an unmarried member;

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

(iv) the parent of a deceased member who is at any time 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 the time of his enlistment or at any time during his war service;

(vi) any ex-nuptial child (wholly or partly dependent upon the earnings of a member at the time of his enlistment or at any time during his war service) of a son or daughter of the member; and

(vii) a parent or grandparent who was so dependent on a member who is an ex-nuptial child; and

(c) any reference in those Divisions to service in a theatre of war shall be read as a reference to service in an operational area.
Sub-section (3) omitted by No. 2, 1973, s. 14.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 107B.
Interpretation.

SECT

Inserted by No. 34, 1950, s. 48.
Sub-section (1) amended by No. 39, 1955, s. 19; No. 105, 1964, s. 14; No. 2, 1973, s. 15; and No. 27, 1973, s. 9.
107B. (1) For the purposes of this Division-

''commencement'' means, in relation to the war service of a member of the Forces-

(a) where he was in Australia at the time at which he was allotted for war service-the time of his departure from the last port of call in Australia for that service; or

(b) where he was outside Australia at the time at which he was allotted for war service-the time at which he was so allotted;

''conclusion'' means, in relation to the war service of a member of the Forces, the time at which he-

(a) on returning from war service-arrived at the first port of call in Australia; or

(b) having been allotted from war service to an area outside Australia other than an operational area-

(i) arrived in that area; or

(ii) was allotted to that area at a time when he was in that area;

''dependant'' means a dependant specified in paragraph (b) of sub-section (2) of section 107A;

''enemy'' means forces against which the forces of the Commonwealth are engaged in an operational area;

''member of the Forces'' means a male member of the Naval, Military or Air Forces of the Commonwealth who served on war service;

''operational area'' means an area outside Australia that is prescribed to be an operational area for the purposes of warlike operations in Korea after 26th June, 1950, or in Malaya after 28th June, 1950;

''port'' includes airport;

''war service'' means, in relation to a member of the Forces, his service while-

(a) a member of, or attached to, a body, contingent or detachment of the Naval, Military or Air Forces of the Commonwealth that was allotted for duty in an operational area; or

(b) allotted for duty in an operational area, from the time of its commencement to the time of its conclusion.
Amended by No. 27, 1973, s. 9.

(2) For the purposes of this Division, a person specified in paragraph (b) of sub-section (1) of section 107C shall be deemed to be a member of the Forces who was incapacitated or killed on war service.

REPATRIATION ACT 1920-1973 - SECT. 107C.
Liability of Commonwealth to pay pensions to certain male members of the
Forces.

SECT


Inserted by No. 34, 1950, s. 48.
Sub-section (1) amended by No. 27, 1973, s. 9.
107C. (1) Upon the incapacity or death-

(a) of a member of the Forces whose incapacity or death has resulted from any occurrence that happened during his war service; or

(b) of a member of the Naval, Military or Air Forces of the Commonwealth who is incapacitated or killed in any area outside Australia as the result of action by an enemy or in combating an enemy,
the Commonwealth is, subject to this Act, liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with Division 1.
Amended by No. 105, 1964, s. 15; and No. 27, 1973, s. 9.

(2) The Commonwealth is not liable under the last preceding sub-section if the incapacity or death of a member-

(a) was due to his serious default or wilful act;

(b) arose from intentional 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,
but, if the death of a member is, in the opinion of the Commission, due to venereal disease contracted during his war service, the Commonwealth shall, subject to this Act, be liable to pay pensions to his widow and to his children, being persons specified in sub-paragraph (iii) of paragraph (b) of sub-section (2) of section 107A.
Amended by No. 27, 1973, s. 9.

(3) Notwithstanding that the origin or cause of the incapacity or death of a member of the Forces existed prior to his enlistment, if, in the opinion of the Commission or a Board-

(a) that incapacity was contributed to in any material degree, or has been aggravated, by the conditions of his war service; and

(b) neither the incapacity or death, nor the origin of the cause of the incapacity or death, was due to the serious default or wilful act of the member,
the Commonwealth is, subject to this Act, liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with Division 1.

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

(5) 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.
Amended by No. 58, 1959, s. 7; and No. 105, 1964, s. 15.

(6) If the member or any of his dependants is entitled to receive, or receives, 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,
any payment in respect of incapacity or death resulting from employment in connexion with warlike operations in which His Majesty 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 his dependants, 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 ACT 1920-1973 - SECT. 107D.
Extension of Division in respect of other parts of the Queen's dominions.

SECT

Inserted by No. 34, 1950, s. 48; amended by No. 58, 1952, s. 13; No. 69, 1953, s. 21; No. 39, 1955, s. 20; No. 47, 1963, s. 18; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.
107D. The provisions specified in sub-sections (1) and (1A) of section 107A and the provisions of the last preceding section extend, in like manner as they extend to a member of the Forces, to, and in relation to, a male member of the naval, military or air forces of a part of the King's dominions other than the Commonwealth who-

(a) served in an operational area;

(b) satisfies the Commission that he was, immediately before his appointment or enlistment, domiciled in Australia or an external Territory;** and

(c) is resident in Australia or an external Territory.

REPATRIATION ACT 1920-1973 - SECT. 107E.
Extension of application of Act to members of Women's Services.

SECT

Application of Provisions of Divisions 1 to 5 to certain Female Members of the Forces (Korea and Malaya Operations)**
Division 9 inserted by No. 34, 1950, s. 48. Division 9-Extension of Inserted by No. 34, 1950, s. 48.
Sub-section (1) amended by No. 39, 1955, s. 21; No. 47, 1963, s. 19; No. 105, 1964, s. 16; No. 2, 1973, s. 16; and No. 27, 1973, s. 9.
107E. (1) Subject to the provisions of this Division, the provisions of Divisions 1 to 4 (inclusive) (other than section 24), of sections 103, 106, 107B (other than the definitions of ''dependant'', ''member of the Forces'') and 107C and of the Schedules extend to, and in relation to-

(a) members of the Forces within the meaning of section 107F; and

(b) the dependants of such members.
Inserted by No. 47, 1963, s. 19; amended by No. 27, 1973, s. 9.

(1A) Subject to the provisions of this Division, the provisions of Division 5 shall extend to and in relation to-

(a) a member of the Forces within the meaning of section 107F; and

(b) a child, as defined in sub-section (1) of section 83, of such a member.
Amended by No. 39, 1955, s. 21; No. 47, 1963, s. 19; No. 82, 1972, s. 18; No. 2,1973, s. 16; and No. 27, 1973, s. 9.

(2) For the purposes of the provisions of Divisions 1 to 5 (inclusive), of sections 106, 107B and 107C and of the Schedules as extended by the last two preceding sub-sections-

(a) any reference in those Divisions, sections or Schedules, to a member of the Forces or to a member shall, except where otherwise expressly provided, be read as a reference to a member of the Forces within the meaning of section 107F;

(b) any reference in those Divisions, sections or Schedules, to dependants shall, except where otherwise expressly provided, be read as a reference to-

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

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

(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 war service; and

(c) any reference in those Divisions to service in a theatre of war shall be read as a reference to service in an operational area.
Sub-section (3) omitted by No. 2, 1973, s. 16.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 107F.
Interpretation.

SECT

Substituted by No. 39, 1955, s. 22; amended by No. 105, 1964, s. 17; No. 2, 1973, s. 17; and No. 27, 1973, s. 9.
107F. For the purposes of this Division-

''dependant'' means a dependant specified in paragraph (b) of sub-section (2) of section 107E;

''member of the Forces'' means a female member of the Naval, Military or Air Forces of the Commonwealth who served on war service.

REPATRIATION ACT 1920-1973 - SECT. 107G.
Extension of Division in respect of other parts of the Queen's dominions.

SECT

Inserted by No. 34, 1950, s. 48; amended by No. 58, 1952, s. 14; No. 47, 1963, s. 20; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.
107G. The provisions specified in sub-sections (1) and (1A) of section 107E extend, in like manner as they extend to a member of the Forces, to, and in relation to, any member of a nursing service of, or other women's service auxiliary to, the naval, military or air forces of a part of the King's dominions other than the Commonwealth who-

(a) served in an operational area;

(b) satisfies the Commission that she was, immediately before her appointment or enlistment, domiciled in Australia or an external Territory;** and

(c) is resident in Australia or an external Territory.

REPATRIATION ACT 1920-1973 - SECT. 107H.
Extension of application of Act to certain members of the Forces.

SECT

Application of Provisions of Divisions 1 to 4
to certain Members of the Forces who are serving or have served in
the Defence Force
Division 10 inserted by No. 104, 1973, s. 17. Division 10-Extension of Inserted by No. 104, 1973, s. 17.
107H. (1) Subject to this Division, the provisions of Divisions 1 to 4 (inclusive) of this Part (other than sections 24, 37, 41, 42 and 44) and of the Schedules extend to and in relation to-

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

(b) the dependants of those members.

(2) In the application, by virtue of sub-section (1), of the provisions specified in that sub-section to, or in relation to, a member-

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

(b) a reference to dependants shall be read as a reference to-

(i) the wife or widow of a member of the Forces;

(ii) the husband or widower of a member of the Forces who was married to the member before or during her defence service; and

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

(c) a reference to war service shall be read as a reference to defence service;

REPATRIATION ACT 1920-1973 - SECT. 107J.
Definitions.

SECT

Inserted by No. 104, 1973, s. 17.
107J. In this Division-

''Compensation Act'' means the Compensation (Australian Government Employees) Act 1971-1973;

''defence service'' means continuous full-time service as a member of the Defence Force on or after 7 December 1972;

''dependant'' means a dependant specified in paragraph (b) of sub-section (2) of section 107H;
''effective full-time service'', in relation to a member of the Defence Force, means any period of continuous full-time service of the member other than-

(a) a period exceeding twenty-one consecutive days during which the member was-

(i) on leave of absence without pay;

(ii) absent without leave;

(iii) awaiting or undergoing trial on a charge in respect of an offence of which he was later convicted; or

(iv) undergoing detention or imprisonment; or

(b) in the case of an officer of the Defence Force who, on his appointment, was a student enrolled in a degree or diploma course at a university or other tertiary educational institution and was required by the appropriate authority of the Defence Force to continue his studies after his appointment-the period of his service during which, by reason of the requirement to engage in his studies or in activities connected with his studies, he was not regarded by the appropriate authority of the Defence Force as rendering effective full-time service;

''member of the Forces'' means a person who is a regular serviceman in accordance with section 107K or a national serviceman in accordance with section 107L.

REPATRIATION ACT 1920-1973 - SECT. 107K.
Regular serviceman.

SECT

Inserted by No. 104, 1973, s. 17.
107K. (1) Subject to this section, a person is a regular serviceman for the purposes of this Division if-

(a) he has served on continuous full-time service as a member of the Defence Force, not being service that ended before 7 December 1972 and, during that service, has, whether before or after that date, completed three years' effective full-time service as such a member;

(b) he was engaged to serve as a member of the Defence Force for a period on continuous full-time service of not less than three years but that service ended, on or after 7 December 1972 by reason of his death or his discharge on the ground of invalidity or physical or mental incapacity to perform duties; or

(c) he was an officer appointed for continuous full-time service in the Defence Force (other than an officer whose appointment was for a period of continuous full-time service of less than three years), but that service ended, on or after 7 December 1972 by reason of his death or the termination of his appointment on the ground of invalidity or physical or mental incapacity to perform duties.

(2) For the purposes of paragraph (a) of sub-section (1)-

(a) the service of a person as an officer of the Naval Forces undergoing the course of training at the Royal Australian Naval College, and his service after completion of that course, shall be disregarded unless the officer is subsequently promoted to the rank of sub-lieutenant or a higher rank;

(b) the service of a person as a member of the Corps of Staff Cadets of the Military Forces shall be disregarded unless the person is subsequently appointed as an officer of those Forces; and

(c) the service of a person as an Air Cadet of the Air Force shall be disregarded unless the person is subsequently appointed as an officer of that Force.

(3) Paragraphs (b) and (c) of sub-section (1) do not apply in relation to a discharge or termination of appointment-

(a) that occurred before the person concerned had completed twelve months' effective full-time service; and

(b) the ground for which was invalidity, or physical or mental incapacity to perform duties, caused, or substantially contributed to, by a physical or mental condition that-

(i) existed at the time the person concerned commenced full-time continuous service as a member of the Defence Force; and

(ii) was not aggravated, or was not materially aggravated, by that service.

(4) Paragraph (c) of sub-section (1) does not apply in relation to a period of service referred to in paragraph (b) of the definition of ''effective full-time service'' in section 107J that was brought to an end by the death, or the termination of the appointment, of the officer concerned.

(5) A member of the Defence Force not on continuous full-time service who has, whether before or after the commencement of this section, commenced continuous full-time service in pursuance of a voluntary undertaking given by him and accepted by the appropriate authority of the Defence Force shall-

(a) if he was an officer on the day on which he so commenced-be deemed, for the purposes of paragraph (c) of sub-section (1), to have been appointed as an officer of the Defence Force on that day for service for the period for which he was bound to serve on continuous full-time service; or

(b) if he was a member other than an officer on the day on which he so commenced-be deemed, for the purposes of paragraph (b) of sub-section (1), to have been engaged to serve as a member of the Defence Force on that day for service for the period for which he was bound to serve on continuous full-time service.

REPATRIATION ACT 1920-1973 - SECT. 107L.
National serviceman.

SECT

Inserted by No. 104, 1973, s. 17.
107L. Subject to this section, a person is a national serviceman for the purposes of this Division if-

(a) he was, immediately before 7 December 1972, a national serviceman, or a national service officer, for the purposes of the National Service Act 1951-1971 serving in the Regular Army Supplement; and

(b) on or after that date-

(i) he completed the period of service in that Force for which he was to be deemed to have been engaged to serve or for which he was appointed, as the case may be; or

(ii) that service ended by reason of his death or his discharge, or the termination of his appointment, on the ground of invalidity or physical or mental incapacity to perform duties.

REPATRIATION ACT 1920-1973 - SECT. 107M.
Liability of Australia to pay pensions to certain members of the Forces, &c.

SECT

Inserted by No. 104, 1973, s. 17.
107M. (1) Upon the incapacity or death of a member of the Forces whose incapacity or death has arisen out of, or is attributable to, his defence service, Australia is, subject to this Act, liable to pay to the member, to the dependants of the member or to both, as the case may be, pensions in accordance with Division 1, as applied by section 107H.

(2) For the purposes of sub-section (1) but without affecting the generality of that sub-section, the incapacity or death of a member shall be deemed to have arisen out of his defence service if the incapacity or death was the result of-

(a) an accident that happened to the member while he was travelling to or from his place of employment on defence service; or

(b) an accident, a disease or an infection that would not have occurred or been contracted, as the case may be, but for-

(i) the member being on defence service; or

(ii) changes in the environment of the member consequent upon the member being on defence service.

(3) Where-

(a) the origin or cause of the incapacity or death of a member who has served at least six months effective full-time service as a member of the Defence Force existed before he commenced his defence service; and

(b) the Commission or a Board is of the opinion that the incapacity from which the member is suffering or from which he died has, or had, been contributed to in a material degree, or has, or had, been aggravated, by the conditions of his defence service,
Australia is, subject to this Act, liable to pay to the member, to his dependants or to both, as the case may be, pensions in accordance with Division 1, as applied by section 107H.

(4) Australia is not liable under this section if the incapacity or death of the member-

(a) was due to the serious default or wilful act of the member;

(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.

(5) Where a pension is granted, the Commission or a Board may, subject to this Act, approve of the payment of the pension-

(a) on and from a date not more than three months before the date of lodgement of the claim for pension; or

(b) where the claim for pension is lodged within three months after the commencement of this section and the origin or cause of the death or incapacity of the member existed before the commencement of this section-on and from a date-

(i) not earlier than 7 December 1972; and

(ii) not earlier than the earliest date at which the origin or cause of the death or incapacity of the member existed.

REPATRIATION ACT 1920-1973 - SECT. 107N.
Conditions of payment of pension to certain dependants of members of the
Forces.

SECT


Inserted by No. 104, 1973, s. 17.
107N. (1) A pension shall not be granted or continued to the husband of a member of the Forces unless-

(a) the member is being paid a pension at a rate not less than fifty per centum of the rate for total incapacity; and

(b) the husband-

(i) is wholly or substantially dependent upon the member or would, but for the incapacity of the member, be so dependent;

(ii) is, by reason of physical or mental incapacity, unable to earn a livelihood;

(iii) is without adequate means of support; and

(iv) is not separated from the member.

(2) A pension shall not be granted or continued to the widower of a member of the Forces unless-

(a) the 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

(b) the widower-

(i) would, but for the death of the member, be wholly or substantially dependent on the member;

(ii) is, by reason of physical or mental incapacity, unable to earn a livelihood; and

(iii) is without adequate means of support.

(3) A pension shall not be granted or continued to a child of a female member of the Forces 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 ACT 1920-1973 - SECT. 107P.
Pensions payable to certain dependent females.

SECT

Inserted by No. 104, 1973, s. 17.
107P. (1) Where-

(a) Australia is liable to pay pension in respect of the incapacity of a member or the death during defence service of a member;

(b) a person was, at the time of the death, or the discharge from the Defence Force on medical grounds, of the member, recognized as the wife of the member although not legally married to him; and

(c) the Commission is satisfied that that person was wholly or partly dependent upon the member at that time,
a pension under this Division in respect of that incapacity or death may be paid to that person at a rate not exceeding the rate of pension that would be payable to her under this Division if she were, or had been at the time of his death, 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 ACT 1920-1973 - SECT. 107Q.
Dual entitlement.

SECT

Inserted by No. 104, 1973, s. 17.
107Q. (1) A person is not entitled to receive at the same time and in respect of the same death or incapacity-

(a) a pension under this Division; and

(b) a pension under Division 1, 6, 7, 8 or 9 of this Act or under the Repatriation (Far East Strategic Reserve) Act 1956-1973, the Repatriation (Special Overseas Service) Act 1962-1973 or the Seamen's War Pensions and Allowances Act 1940-1973.

(2) The right conferred by this Division on a member of the Forces to payment by way of pension in respect of an incapacity, or on a person other than a member to payment by way of pension in respect of an incapacity or the death of a member, is in substitution for the right (if any) of that member or of that other person to a payment in respect of the incapacity, or of 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 1910-1971, the Defence Act 1903-1970 or the Air Force Act 1923-1965, and any such right of the member or other person under any of those Acts is, by force of this sub-section, determined.

(3) If a person or persons who is or are entitled under this Division to pension in respect of the incapacity or death of a member is or are also entitled under-

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

(b) the law of a State,
to receive any payment or payments in respect of the incapacity or death of the member resulting from service in the naval, military or air forces of Australia or a country referred to in paragraph (a), the rate or amount of every such payment shall be taken into account in assessing the rate or rates of pension payable under this Division so that the total payments to that person or those persons, as the case may be, shall not exceed the total payments to which that person, or those persons respectively or collectively, would be entitled if eligible solely under this Division.

REPATRIATION ACT 1920-1973 - SECT. 107R.
Persons in receipt of payments by way of compensation or damages.

SECT

Inserted by No. 104, 1973, s. 17.
107R. (1) In this section-

''compensation'' means-

(a) compensation under the Compensation Act (other than section 37 or 44); or

(b) damages recoverable at law (including any amount paid under a compromise or settlement of a claim for damages at law), whether from Australia or another person, in respect of the injury or death of a person, other than-

(i) an amount that represents expenses incurred in medical or hospital treatment; or

(ii) an amount recovered by Australia under section 99 or 100 of the Compensation Act;

''dependant'' includes a woman referred to in section 107P.

(2) For the purposes of this section-

(a) where a lump sum payment by way of compensation is made to a person who is in receipt of, or is subsequently granted, a pension under this Division, that person shall, by reason of that payment by way of compensation, be deemed, on and after-

(i) the date of commencement of the period in respect of which his pension is, or becomes, payable; or

(ii) the date on which the lump sum payment is made,

whichever was the earlier date, to have been, or to be in receipt of payment by way of compensation of such amount per fortnight for his life as is determined by, or in accordance with the instructions of, the Commonwealth Actuary, to be the equivalent of a lump sum equal to that lump sum and paid to him on that earlier date; and

(b) an amount of compensation that has been paid on behalf of, or for the benefit of, a person shall be deemed to have been paid to that person.

(3) Where-

(a) an amount of damages payable to a member or a dependant of a member is paid to Australia in pursuance of a notice under section 107T; or

(b) the liability of Australia to pay damages to a member or a dependant of a member is, by virtue of section 107V, to be deemed to have been discharged by a particular amount,
the date referred to in sub-paragraph (i) of paragraph (a) of sub-section (2) shall be calculated as if such of the instalments of pension paid to the member or dependant, commencing with the first such instalment, as are equal, in the aggregate, to the amount referred to in paragraph (a) or (b), as the case may be, were not payable and had not been paid.

(4) Where, in respect of a period, the amount, or the aggregate of the amounts, per fortnight paid by way of compensation in respect of an injury or the death of a member of the Forces equals or exceeds the amount, or the aggregate of the amounts, per fortnight of pension under this Division that would, but for this section, be payable in respect of an incapacity of the member resulting from that injury or in respect of the death of the member, no pension under this Division is payable in respect of that period in respect of that incapacity or death.

(5) Where, in respect of a period, the amount, or the aggregate of the amounts, per fortnight paid by way of compensation in respect of an injury or the death of a member of the Forces (in this sub-section referred to as ''the compensation amount'') is less than the amount, or the aggregate of the amounts, per fortnight of pension under this Division that would, but for this section, be payable in respect of an incapacity of the member resulting from that injury or in respect of the death of the member (in this sub-section referred to as ''the pension amount''), the amount, or the aggregate of the amounts, per fortnight of pension under this Division payable in respect of that period in respect of that incapacity or death is, by force of this sub-section, an amount equal to the pension amount reduced by the compensation amount.

(6) In giving effect to a reduction required by sub-section (5) as between two pensions one of which is a preferred pension with respect to the other, the amount per fortnight of the pension that is not the preferred pension shall be reduced to nil before the rate of the preferred pension is affected.

(7) For the purposes of sub-section (6)-

(a) a pension payable to a member or, in respect of a deceased member, to the widow or widower or a woman referred to in section 107P is a preferred pension with respect to any other pension;

(b) a pension payable to the wife or husband of a member or, in respect of a living member, to a woman referred to in section 107P is a preferred pension with respect to any pension payable to a child of the member; and

(c) a pension payable to a child of a member is a preferred pension with respect to a pension payable to a younger child of the member.

(8) In giving effect to a reduction required by sub-section (5) as between or among two or more pensions neither or none of which is a preferred pension, within the meaning of sub-section (6), with respect to the other or others, the amount of the reduction shall be allocated between or among those pensions in the same proportion as the amounts per fortnight at which those pensions would, but for this section, be payable bear to one another.

REPATRIATION ACT 1920-1973 - SECT. 107S.
Power to request proceedings to be taken against third party or to take such
proceedings itself.

SECT

Inserted by No. 104, 1973, s. 17.


107S. (1) Where-

(a) pension is, or has been, payable in respect of the incapacity or death of a member;

(b) the incapacity arose, or the death occurred, in circumstances that appear to create a legal liability in a person other than Australia to pay damages in respect of an injury from which the incapacity of the member resulted or in respect of the death of the member; and

(c) proceedings against that person for the purpose of recovering such damages have not been instituted by the member or by or for the benefit of a dependant of the member, or have been so instituted but have been discontinued or have not been properly prosecuted,
a person authorized by the Commission may request the member or dependant to institute proceedings or fresh proceedings against that person for that purpose or properly to prosecute the proceedings, as the case may be.

(2) Where a member or dependant is requested in accordance with sub-section (1) to institute proceedings against a person, then-

(a) if the member or dependant refuses, or fails within a reasonable time after the making of the request, to institute the proceedings or, having instituted the proceedings, discontinues the proceedings-Australia may institute proceedings or fresh proceedings, as the case may be, against the person in the name of the member or dependant for the recovery of damages in respect of the incapacity or death; or

(b) if the member or dependant, having instituted the proceedings, fails properly to prosecute the proceedings-Australia may take over the conduct of the proceedings.

(3) Where a member or dependant who is requested in accordance with sub-section (1) properly to prosecute proceedings instituted against a person refuses, or fails within a reasonable time after the making of the request, to do so, Australia may take over the conduct of the proceedings.

(4) Australia is liable to pay all costs of or incidental to proceedings referred to in sub-section (1), (2) or (3), being costs payable by the plaintiff in those proceedings, but not including costs unreasonably incurred by the plaintiff.

(5) Where, in accordance with this section, Australia institutes proceedings in the name of a member or dependant or takes over the conduct of proceedings that have been instituted in the name of a member or dependant-

(a) Australia may-

(i) settle the proceedings either with or without obtaining judgment in the proceedings; and

(ii) if a judgment is obtained in the proceedings in favour of the plaintiff-take such steps as are necessary to enforce that judgment; and

(b) the member or dependant shall sign any document relevant to the proceedings, including the settlement of the proceedings, that a person acting on behalf of Australia requires him to sign and, if he fails to sign any such document, the court or tribunal in which the proceedings are being taken may direct that that document be signed on his behalf by a person acting on behalf of Australia.

(6) In this section, ''dependant'' includes a woman referred to in section 107P.

REPATRIATION ACT 1920-1973 - SECT. 107T.
Payment of damages by persons to Australia.

SECT

Inserted by No. 104, 1973, s. 17.
107T. (1) Where a person other than Australia appears to be liable to pay damages to a member or a dependant of a member in respect of an injury that has resulted in the incapacity of the member or in respect of the death of the member, being an incapacity or death in respect of which pension is or has been payable under this Division to the member or dependant, a person authorized by the Commission may, by notice in writing to the person, require the person, in the event of the person agreeing to pay damages to the member or dependant in respect of that injury or death or in the event of damages against the person being awarded to the member or dependant in proceedings instituted in respect of that injury or death, to pay to Australia so much of the amount of the damages as does not exceed an amount specified in the notice, being the amount of pension that has been paid under this Division in respect of that incapacity or death to the member or dependant, as the case may be, and the person shall comply with the notice.

(2) Subject to sub-section (3), where-

(a) a person other than Australia has agreed to pay damages to a member or a dependant of a member in respect of an injury that has resulted in the incapacity of the member or in respect of the death of the member, being an incapacity or death in respect of which pension is or has been payable under this Division to the member or dependant; or

(b) damages against a person other than Australia have been awarded to a member or a dependant of a member in proceedings instituted in respect of an injury that has resulted in the incapacity of the member or in respect of the death of the member, being an incapacity or death in respect of which pension is or has been payable under this Division to the member or dependant,
a person authorized by the Commission may, by notice in writing, require the person to pay to Australia so much of the amount of the damages as does not exceed an amount specified in the notice, being the amount of pension that has been paid under this Division in respect of that incapacity or death to the member or dependant, as the case may be, and the person shall comply with the notice.

(3) Where, before a notice under sub-section (2) was received, by a person, a person had paid to or in respect of the member or dependant, the whole or any part of the damages to which the notice related-

(a) if the whole of the damages had been paid-the notice has no force or effect; or

(b) if a part only of the damages had been paid-the reference in that sub-section to the amount of the damages shall be read as a reference to so much of that amount as had not been paid.

(4) If a person fails to pay an amount to Australia in pursuance of a notice under this section, Australia may recover that amount from the person as a debt due to Australia by action in a court of competent jurisdiction.

(5) The payment of an amount to Australia by a person in pursuance of a notice under this section or the recovery of an amount from a person under sub-section (4) is, to the extent of the amount paid or recovered, a discharge of the liability of that person to the member or dependant.

(6) In this section-

''damages'' does not include any amount that has been paid in pursuance of a notice under section 102 of the Compensation Act;

''dependant'' includes a woman referred to in section 107P.

REPATRIATION ACT 1920-1973 - SECT. 107U.
Deduction of overpayments of pension.

SECT

Inserted by No. 104, 1973, s. 17.
107U. (1) Where-

(a) an amount of pension under this Division in respect of the incapacity or death of a member has been paid to a person; and

(b) that amount is not payable to that person by virtue of section 107R,
that amount is recoverable from that person by deduction from any amount of pension payable to that person under this Division in respect of that incapacity or death.

(2) Nothing in this section prevents the recovery of an amount referred to in sub-section (1) otherwise than in accordance with that sub- section, but an amount shall not be recovered twice.

REPATRIATION ACT 1920-1973 - SECT. 107V.
Liability to pay damages to be discharged by payments of pension.

SECT

Inserted by No. 104, 1973, s. 17.
107V. (1) Where-

(a) damages against Australia have been awarded to a member or a dependant of a member in proceedings instituted in respect of an injury that resulted in the incapacity of the member or in respect of the death of the member; and

(b) pension under this Division is or has been payable to the member or dependant, as the case may be, in respect of that incapacity or death,
the liability of Australia to pay those damages or such part of them as does not represent expenses incurred in medical or hospital treatment shall be deemed to have been discharged to the extent of the amount of that pension that has been paid to the member or the dependant, as the case may be.

(2) In this section, ''dependant'' includes a woman referred to in section 107P.

REPATRIATION ACT 1920-1973 - SECT. 108.
Interpretation.

SECT

PART IV-ASSISTANCE AND BENEFITS
Sub-section (1) amended by No. 34, 1950, s. 49; No. 105, 1964, s. 18; No. 2, 1973, s. 18; and No. 27, 1973, s. 9.
108. (1) In Parts IV and V, unless the contrary intention appears-

''child'', in relation to a member of the Forces, means a son, daughter, step-son, step-daughter, adopted son or adopted daughter of the member, and includes an ex-nuptial child of the member;

''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;

''spouse'' includes-

(a) in relation to a deceased member of the Forces-a person who is a dependent female, as defined in section 23, of that member; or

(b) in relation to a living member of the Forces-a person who is a dependent female, as defined in section 23 or 83, of that member;

''step-son'' or ''step-daughter'', in relation to a member of the Forces, means a step-son or step-daughter of a member, being-

(a) where the member is or was a male person-a child whose father is dead;

(b) where the member is or was a female person-a child whose mother is dead; or

(c) a child the marriage of whose parents has been dissolved and in respect of whom the Commission is satisfied that he or she-

(i) is in the custody, care and control of, or is being maintained by, the member;

(ii) if the member is dead, was in the custody, care and control of, or was being maintained by, the member at the time of the member's death; or

(iii) if the member, being a male person, is dead, is in the custody, care and control of, or is being maintained by, the member's widow;

''the present war'' has the same meaning as in Division 1 of Part III;

''the war'' has the same meaning as in Division 6 of Part III;

''widow'', in relation to a deceased member of the Forces, includes a person who is a dependent female, as defined in section 23, of that member;

''wife'', in relation to a living member of the Forces, includes a person who is a dependent female, as defined in section 23 or 83, of that member.
Amended by No. 22, 1943, s. 40; No. 34, 1950, s. 49; No. 58, 1952, s. 15; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.

(2) For the purposes of Parts IV and V, any person who-

(a) was, during the present war, a member of the Naval or Military Forces-

(i) enlisted or appointed for or employed on active service outside Australia or employed on a ship of war; or

(ii) enlisted or appointed for service in connexion with naval or military preparations or operations; or

(b) was, during the present war, a member of the Army Medical Corps Nursing Service accepted or appointed by the Director-General of Medical Services for service outside Australia; or

(c) served during the present war in the naval or military forces of a part of the Queen's dominions, other than the Commonwealth, on active service outside that part of the Queen's dominions, and satisfies the Commission that he was, immediately before his enlistment or appointment, domiciled in Australia or an external Territory;** or

(d) was, during the present war, a member of the Army Medical Corps Nursing Service of a part of the Queen's dominions, other than the Commonwealth, and satisfies the Commission that she was, immediately before her acceptance by or appointment to that service, domiciled in Australia or an external Territory,**
shall be deemed to be a member of the Forces within the meaning of those Parts.
Substituted by No. 34, 1950, s. 49; amended by No. 58, 1952, s. 15; No. 27, 1973, s. 9; and No. 216, 1973, s. 3.

(3) For the purposes of Parts IV and V, a person who-

(a) was, during the war, a member of the Forces within the meaning of section 100;

(b) was, during the war, a member of the Forces within the meaning of section 105;

(c) was, during the war, a person to whom section 102 applies; or

(d) was, during the war, a member of a nursing service of, or other women's service auxiliary to, the naval, military or air forces of a part of the Queen's dominions, other than the Commonwealth, who was appointed, enlisted or enrolled before 1st July, 1947, and served before 30th June, 1951, and satisfies the Commission that she was, immediately before her appointment, enlistment or enrolment, domiciled in Australia or an external Territory,**
shall be deemed to be a member of the Forces.
Inserted by No. 34, 1950, s. 49; amended by No. 27, 1973, s. 9.

(3A) For the purposes of Parts IV and V, any person who was-

(a) a member of the Forces within the meaning of Division 8 of Part III;

(b) a member of the Forces within the meaning of Division 9 of that Part;

(c) a person to whom section 107D applies; or

(d) a person to whom section 107G applies,
shall be deemed to be a member of the Forces.
Substituted by No. 22, 1943, s. 40; amended by No. 22, 1943, s. 52; and No. 27, 1973, s. 9.

(4) For the purposes of the last preceding sub-section, the terms ''enlisted'' and ''enlistment'' have the same meaning as in section 100, and the expression ''served in a theatre of war'' has the same meaning as in section 23.
Added by No. 34, 1950, s. 49; amended by No. 27, 1973, s. 9.

(5) Where, by force of sub-section (1AA) of section 101, the war service of a member of the Forces is deemed, for the purposes of that section, to have terminated on a date specified in that sub-section, his war service shall be deemed to have terminated on the same date for the purposes of Parts IV and V.
Added by No. 34, 1950, s. 49; amended by No. 27, 1973, s. 9.

(6) In sections 114 and 114A any reference to a member of the Forces includes a reference to a deceased member of the Forces and any reference to persons who are dependent on a member of the Forces includes a reference to a person who, but for the death of a member, would have been dependent on the member.
Section 109 repealed by No. 80, 1950, s. 12.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 110.
Local Committees.

SECT

110. (1) The Commission may appoint Local Committees within a State or Territory.

(2) The persons to be appointed as members of a Local Committee shall be selected in the prescribed manner.
Inserted by No. 58, 1935, s. 25; amended by No. 27, 1973, s. 9.

(2A) Any person appointed or purporting to have been appointed as a member of a Local Committee prior to 8th February, 1934, shall be deemed to be and at all times to have been validly appointed.
Amended by No. 22, 1943, ss. 42 and 52; No. 47, 1958, s. 16; and No. 27, 1973, s. 9.

(3) Subject to the regulations, a Local Committee shall have power to raise and control funds for the district for which they are appointed and to disburse those funds within that district for the granting of assistance and benefits to any of the classes of persons specified in paragraphs (a), (b), (c), (d) and (e) of sub-section (1) of section 124 or to any relative or person not specified in paragraphs (b), (c), (d) or (e) of that sub-section who was dependent upon any deceased or discharged member of the Forces prior to his enlistment or for any other purpose prescribed by the regulations.
Inserted by No. 58, 1935, s. 25.

(3A) Where a Local Committee fails or refuses to furnish, as prescribed, information to the Commission relating to the funds of the Committee or where, after investigation in the prescribed manner, the Commission is satisfied that the funds of a Local Committee are not being disbursed in accordance with this Act, the Commission may, by notification in the Gazette, declare that the funds of the Local Committee to which the notice refers, are vested in the Commission and thereupon such funds shall be vested in the Commission.
Inserted by No. 58, 1935, s. 25.

(3B) Upon notification by the Commission that the funds of a Local Committee have been vested in the Commission, any person or body of persons having control of those funds shall transfer the funds to the Commission, or otherwise deal with them as directed by the Commission.
Inserted by No. 58, 1935, s. 25.

(3C) Upon receipt of any funds vested in the Commission under this section the Commission may disburse them in the manner provided by or under this Act in relation to the disbursement of the funds of the Local Committee by which the funds so vested in the Commission were raised.
Inserted by No. 58, 1935, s. 25; amended by No. 27, 1973, s. 9.

(3D) Where the Minister is satisfied that-

(a) funds held by a Local Committee; or

(b) funds of a Local Committee which, in pursuance of this section are vested in the Commission,
cannot be suitably disbursed in the district for which the Committee is appointed, he may, in writing, authorize the Committee or the Commission, as the case may be, to disburse the funds in some other district for the granting of assistance and benefits to any of the persons or classes of persons referred to in sub-section (3), and thereupon the Committee or the Commission, as the case may be, shall have power so to disburse those funds.

(4) A Local Committee shall have such other powers as are prescribed.

(5) The Commission shall appoint, for each Local Committee, an executive consisting of seven members of the Committee.

(6) Five members of the executive of each Local Committee shall be nominated by the Committee, and two members shall be selected by the Commission.

(7) Members of a Local Committee and of the executive of a Local Committee shall hold office during the pleasure of the Commission.

(8) Any Local Committee appointed under the Australian Soldiers' Repatriation Act 1917-1918 and the executive of any such Local Committee shall continue as if appointed under this Act.
Amended by No. 27, 1973, s. 9.

(9) The executive of a Local Committee shall have and may exercise-

(a) such of the powers of the Committee as are prescribed; and

(b) such other powers as are prescribed:

Provided that, in the exercise of any powers conferred in pursuance of paragraph (b), the executive shall be responsible only to the Commission.

REPATRIATION ACT 1920-1973 - SECT. 110A.
Voluntary winding-up of affairs of Local Committee.

SECT

Inserted by No. 31, 1954, s. 14.
110A. (1) The Commission may, at the request of a Local Committee, authorize the winding-up of the affairs of that Local Committee, and, upon the winding-up, the funds of the Local Committee shall be paid to the Commission.

(2) Where, under this section, the Commission receives the funds of a Local Committee for a district, the Commission may pay the whole or a part of those funds-

(a) to a person or body for disbursement within that district as if that person or body were a Local Committee for that district; or

(b) to a Local Committee for another district for disbursement within that other district.

REPATRIATION ACT 1920-1973 - SECT. 111.
Arrangements with States for employment of State officers.

SECT

Sub-section (1) amended by No. 216, 1973, s. 3.
111. (1) The Governor-General may arrange with the Governor of any State for the performance by an officer of the Public Service of the State for the Government of the Commonwealth of any work or services required to be performed under this Act.
Amended by No. 216, 1973, s. 3.

(2) In any such case the Governor-General may by agreement with the Governor of the State or otherwise make arrangements for determining-

(a) the rate of payment to be made by the Government of the Commonwealth for the services to be performed or the work done by the officer; and

(b) any matters which may require to be adjusted with regard to the performance of the work or services by the officer.

REPATRIATION ACT 1920-1973 - SECT. 112.
Appeal to the Commission.

SECT

112. An appeal shall lie to the Commission from any determination of a Board under this Part, and the decision of the Commission shall be final.

REPATRIATION ACT 1920-1973 - SECT. 113.
Moneys to be appropriated.

SECT

Amended by No. 22, 1943, s. 52; and No. 27, 1973, s. 9.
113. All sums of money granted in pursuance of this Act, other than moneys raised under section 110 or contributed under section 114, shall be payable out of moneys from time to time appropriated by Parliament for the purpose.

REPATRIATION ACT 1920-1973 - SECT. 114.
Contributions.

SECT

Substituted by No. 34, 1950, s. 50.
114. (1) The Commission may receive contributions in money or in kind for the purposes of providing for the granting of assistance and benefits to, or the care or welfare of, members of the Forces or persons who are or were, in the opinion of the Commission, dependent on any of those members.

(2) Contributions received by the Commission in pursuance of the last preceding sub-section may be applied for any of the purposes specified in that sub-section, but where a contributor desires that a contribution be applied for a particular purpose, for the benefit of a particular class of persons or for a particular institution maintained by the Commission, the Commission shall, if it accepts the contribution, apply the contribution for the purpose desired by the contributor.

(3) Subject to this section contributions received by the Commission shall be dealt with as prescribed or as the Commission determines.

REPATRIATION ACT 1920-1973 - SECT. 114A.
Acceptance of trusts.

SECT

Inserted by No. 34, 1950, s. 50.
114A. (1) The Commission may, by name or any other sufficient description, be appointed to be trustee-

(a) by appointment by or under an Act or by a prescribed authority in the exercise of a power conferred by or under an Act; or

(b) under a will, settlement or other instrument creating a trust,
for the purpose of administering a trust for the benefit of members of the Forces, their dependants, their beneficiaries under a will or intestacy, or persons who are or were dependent upon a member of the Forces.

(2) For the purpose specified in the last preceding sub-section, the Commission is, and shall be deemed always to have been, capable of accepting any such trust and acting as a trustee and, subject to the regulations-

(a) has the same powers, duties and liabilities;

(b) is entitled to the same rights and immunities; and

(c) is subject to the control and orders of a court,
as a natural person acting in the like capacity.

(3) The Commission may, at its discretion, decline to accept a trust or accept a trust subject to conditions.

REPATRIATION ACT 1920-1973 - SECT. 115.
Audit of accounts of Local Committees.

SECT

115. The books and accounts kept-

(a) by a Local Committee; or

(b) in connexion with any repatriation fund raised prior to the passing of this Act,
shall be subject to audit as prescribed.

REPATRIATION ACT 1920-1973 - SECT. 116.
Priority in bankruptcy of money advanced.

SECT

116. Claims in respect of moneys advanced by the Trustees of the Australian Soldiers' Repatriation Fund or by the Minister, the Commission, a Board or a Local Committee shall have the same priority with respect to the payment of debts as if the money had been advanced by the Crown.
Section 117 repealed by No. 11, 1945, s. 22.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SECT. 118.
Improper use of gifts or loans.

SECT

Amended by No. 34, 1950, s. 51; and No. 42, 1966, s. 12.
118. No person to whom a gift or loan of money or goods has been made or granted under this Act for any purpose shall without first obtaining the consent of the Commission-

(a) use the money or goods for any other purpose; or

(b) sell or otherwise dispose of, or in any way pledge, mortgage or deposit, by way of security, any goods so granted or any goods purchased with any money so given or lent.

Penalty: Two hundred dollars.

REPATRIATION ACT 1920-1973 - SECT. 118A.
Regulations.

SECT

Inserted by No. 74, 1947, s. 3.
Sub-section (1) amended by No. 42, 1966, s. 12.
118A. (1) The Governor-General may make regulations in relation to-

(a) the establishment of patriotic funds;

(b) the raising of moneys and acquiring of assets for patriotic funds;

(c) the control and distribution of moneys and assets raised or acquired by patriotic funds;

(d) the winding-up of patriotic funds and disposal of the assets and moneys of the funds; and

(e) the provision of penalties, not exceeding a fine of One hundred dollars or imprisonment for six months, for any breach of the regulations.
Amended by No. 34, 1950, s. 52.

(2) In this section-

''patriotic funds'' means any funds established, or to be established, for the purpose of providing comforts or financial or other assistance for-

(a) members of the Defence Force or their families or dependants;

(b) members of the Forces of any part of His Majesty's dominions (other than Australia) or of any allied country; or

(c) war victims,

or for any similar purpose in connexion with the war, or for purposes including any such purpose;

''The Defence Force'' includes any Force raised or maintained under the Defence Act 1903-1945, the Naval Defence Act 1901-1934 or the Air Force Act 1923-1941, whether in Australia or overseas, and the Australian Army Nursing Service.

REPATRIATION ACT 1920-1973 - SECT. 119.
Arrangements with Governments of other parts of the Queen's dominions.

SECT

PART V-MISCELLANEOUS**
Substituted by No. 69, 1953, s. 22.
119.** The Governor-General may enter into arrangements with the Government of another part of the Queen's dominions or of a country that has at any time been a part of the Queen's dominions by which-

(a) the same assistance and benefits (not being pensions) may be granted in the Commonwealth to, or in relation to, persons who are or have been members of the naval, military or air forces of that part of the Queen's dominions or of that country and have been employed on active service during any war or warlike operations referred to in this Act as are granted in that part of the Queen's dominions or in that country to, or in relation to, persons who have been members of the Defence Force of the Commonwealth and have been employed on that service; or

(b) the Commission may act as the agent of the Government of that part of the Queen's dominions or of that country in the granting to, or in relation to, persons who are or have been members of the naval, military or air forces of that part of the Queen's dominions or of that country, of assistance, benefits and pensions.

REPATRIATION ACT 1920-1973 - SECT. 120.
Service pensions for South African Veterans.

SECT

Inserted by No. 49, 1941, s.7; amended by No. 47, 1958, s.17; and No. 27, 1973, s. 9.
120. The provisions of this Act in so far as they relate to service pensions or allowances under section 98A shall, in like manner as they extend to, and in relation to, any person who, during the war in South Africa which commenced on 11th October, 1899, was-

(a) a member of any Naval or Military Force or contingent raised in Australia for active service in that war; or

(b) a member of the Naval or Military Forces of any part of the King's dominions outside Australia, and -

(i) was engaged on active service in South Africa; and

(ii) proves to the satisfaction of the Commission that he was resident in Australia within the period of twelve months immediately prior to being enlisted or appointed for such service.

REPATRIATION ACT 1920-1973 - SECT. 120A.
Post mortem examination.

SECT

Inserted by No. 58, 1952, s.16.
120A. (1) Subject to this section, the Commission may, where it is of opinion that a post mortem examination may facilitate the determination of a question arising under any provision of this Act or the regulations, authorize a legally qualified medical practitioner to make a post mortem examination of the body of a deceased member of the Forces, and may appoint a place for the making of that examination.

(2) A post mortem examination of the body of a deceased member of the Forces shall not be authorized under this section-

(a) where the Commission is aware that the member has expressed an objection to the making of a post mortem examination; or

(b) where the member has died without having expressed such an objection of which the Commission is aware, and the widow, widower or nearest known relative of the member does not consent to the making of a post mortem examination.
Amended by No. 216, 1973, s. 3.

(3) Where, under the law of the State or Territory in which the death of a member of the Forces occurs a medical practitioner is under a duty to notify a coroner or a deputy coroner of that State or Territory of the death, the Commission shall not authorize a post mortem examination to be made under this section unless the coroner or deputy coroner decides that he does not require a post mortem examination to be made for the purposes of an inquiry under a law of the State or Territory.
Amended by No. 216, 1973, s. 3.

(4) A law of a State or Territory relating to-

(a) the registration or licensing of persons qualified to make post mortem examinations or of the places at which post mortem examinations may be made; or

(b) the conditions (including the requirement of the consent of any person) upon which post mortem examinations may be made,
does not apply to, or in relation to, a post mortem examination authorized by the Commission under this section.
Added by No. 104, 1973, s. 18.

(5) In this section, ''member of the Forces'' includes a member of the Forces within the meaning of Division 10 of Part III.

REPATRIATION ACT 1920-1973 - SECT. 120AA.
Recovery of overpayments.

SECT

Inserted by No. 47, 1963, s. 21.
120AA. Where, in consequence of a false statement or representation or of a failure or omission to comply with any provision of this Act or the regulations, an amount has been paid by way of pension, allowance or benefit that would not have been paid but for the false statement or representation or the failure or omission, the amount so paid is recoverable in a court of competent jurisdiction from the person to whom, or on whose account, the amount was paid, or from the estate of that person, as a debt due to the Commonwealth.

REPATRIATION ACT 1920-1973 - SECT. 120B.
Deduction from pensions, allowances or benefits of certain amounts.

SECT

Inserted by No. 58, 1952, s. 16.
120B. (1) Where, by virtue of an assessment, decision or determination made under this Act, an amount of pension or allowance becomes payable to a person in respect of a period prior to the date of the assessment, decision or determination, there shall be deducted from the amount so payable to that person the amount of any payment made during that period by way of pension or allowance, whether under this Act or under such provisions of any other Act as are administered by the Minister, which would not have been made if the first-mentioned pension or allowance had then been payable.
Amended by No. 47, 1963, s. 22.

(2) Where, by virtue of the provisions of this Act or of such provisions of any other Act as are administered by the Minister, an amount which has been paid by way of pension, allowance or benefit is recoverable from a person, that amount may be recovered by deductions from any pension, allowance or benefit payable to that person under any of those provisions.
Added by No. 31, 1954, s. 15; amended by No. 68, 1956, s. 14; No. 47, 1958, s. 18; and No. 27, 1973, s. 9.

(3) Where-

(a) pension, allowance or benefit under the Social Services Consolidation Act 1947, or under that Act as amended, or under the Tuberculosis Act 1948, has been paid (whether before or after the commencement of this sub-section) to a person in respect of a period and, on a date subsequent to that payment, a pension under this Act, a pension under this Act at an increased rate or a prescribed sustenance allowance becomes payable to that person or his spouse in respect of that period; and

(b) the whole or a part of the pension, allowance or benefit paid to that person under the Social Services Consolidation Act 1947, or under that Act as amended, or under the Tuberculosis Act 1948, in respect of that period would not have been payable if, during that period, he or his spouse had been in receipt of the pension under this Act, the pension under this Act at the increased rate or the sustenance allowance,
the amount referred to in paragraph (b) shall be deducted from any pension or allowances payable to that person under this Act in a lump sum or by instalments, as the Commission determines.
Added by No. 68, 1956, s. 14.

(4) The last preceding sub-section does not apply-

(a) where the pension under this Act, or the pension under this Act at an increased rate, referred to in paragraph (a) of that subsection became payable on a date before the date of commencement of that sub-section; or

(b) where the prescribed sustenance allowance referred to in paragraph (a) of that sub-section became payable on a date before the date of commencement of this sub-section.

REPATRIATION ACT 1920-1973 - SECT. 120C.
Payment of pension, &c., on death of pensioner, &c.

SECT

Inserted by No. 2, 1973, s. 19.
120C. Where an amount of pension, allowance or other benefit under this Act or the regulations-

(a) has accrued and is unpaid on the death of the person to whom that pension, allowance or other benefit is payable; or

(b) would have been payable to a deceased claimant in respect of a period before his death if the claimant had not died,
the Commission may pay that amount to-

(c) the legal personal representative of the deceased person; or

(d) if there is no legal personal representative of the deceased person and the Commission is satisfied that application will not be made for probate of the will, or for letters of administration of the estate, of the deceased person-the person whom the Commission determines to be best entitled to receive it,
and, if that amount is paid, the Commonwealth is not liable to any action, claim or demand for any further payment in respect of that amount.

REPATRIATION ACT 1920-1973 - SECT. 120D.
Establishment of hospitals, &c.

SECT

Inserted by No. 104, 1973, s. 19.
120D. The Commission may establish, control and administer hospitals and other institutions for the care and welfare of persons eligible to receive medical treatment under-

(a) this Act;

(b) the Interim Forces Benefits Act 1947-1973;

(c) the Repatriation (Far East Strategic Reserve) Act 1956-1973; or

(d) the Repatriation (Special Overseas Service) Act 1962-1973.**

REPATRIATION ACT 1920-1973 - SECT. 121.
Furnishing of information.

SECT

Inserted by No. 58, 1935, s. 26; amended by No. 42, 1966, s. 12.
121. The Commission may require any person, whom it believes to be in a position to do so, to furnish to the Commission a confidential report as to the circumstances or the financial transactions of any pensioner or applicant for a pension, or for assistance and benefits, under this Act; and any person who, on being required to do so by the Commission, fails, without just cause (proof whereof shall lie upon that person) to furnish a report within a reasonable time, or furnishes a report containing any statement which is untrue in any particular, shall be guilty of an offence.

Penalty: Two hundred dollars or imprisonment for six months.

REPATRIATION ACT 1920-1973 - SECT. 122.
Report.

SECT

122. The Commission shall furnish to the Minister annually, for presentation to the Parliament, a report of the administration and operation of this Act.

REPATRIATION ACT 1920-1973 - SECT. 123.
Funds raised prior to Act.

SECT

123. Where prior to the passing of this Act a local fund for the repatriation of Australian soldiers has been raised in any district, the control of that fund shall, subject to the regulations, be vested in the trustees for the time being of the fund.

REPATRIATION ACT 1920-1973 - SECT. 123A.
Modification of certain other laws.

SECT

Inserted by No. 95, 1969, s. 5.
Sub-section (1) amended by No. 27, 1973, s. 9; and No. 104, 1973, s. 20.
123A. (1) A person shall not be taken to be a pensioner for the purposes of section 128 of the Broadcasting and Television Act 1942-1969 by reason that the person is in receipt of a service pension where that pension would not be payable if-

(a) any amendment of the Repatriation Act 1920-1968, being-

(i) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Repatriation Act 1968; or

(ii) an amendment of a rate of pension, allowance or benefit under Division 5 of Part III made after the date of commencement of the Repatriation Act (No. 3) 1973,

had not been made; and

(b) an amendment of the Social Services Act 1947-1968, being-

(i) an amendment alleviating the operation of the means test in relation to that person made after the commencement of the Social Services Act 1968; or

(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,

had not been made.
Amended by No. 104, 1973, s. 20.

(2) A person shall not be taken to be a pensioner for the purposes of regulation 29 of the Telephone Regulations in force under the Post and Telegraph Act 1901-1968 by reason that the person is in receipt of, or is entitled to, a service pension, where that person would not be eligible to receive such a pension if any amendment referred to in paragraph (a) or paragraph (b) of the last preceding sub-section had not been made.
Amended by No. 27, 1973, s. 9.

(3) Regulation 66 of the Repatriation Regulations in force under the Repatriation Act 1920-1968 immediately before the commencement of this section does not apply in relation to a person by reason that the person is receiving a service pension where that pension would not be payable if any amendment referred to in paragraph (a) or paragraph (b) of sub-section (1) had not been made.
Amended by No. 27, 1973, s. 9; and No. 104, 1973, s. 20.

(4) Regulation 179A of the Repatriation Regulations in force under the Repatriation Act 1920-1968 immediately before the commencement of this section has effect as if -

(a) a reference in that regulation to a service pension did not include a reference to a service pension that a person would not be, or would not have been, as the case may be, eligible to receive if any amendment referred to in paragraph (a) or paragraph (b) of sub-section (1) had not been made;

(b) sub-regulation (4) of that regulation were omitted and the following sub-regulation inserted in its stead:-

''(4) For the purposes of the application in relation to paragraph (b) of the last preceding sub-regulation of the definition of 'pensioner' in sub-regulation (1) of this regulation, a reference in that definition to a service pension shall be read as including a reference to a service pension of which a person is in receipt as the wife of a member of the Forces under section 85 of the Act.''; and

(c) after sub-regulation (5) the following sub-regulation were inserted:-

''(5A) The reference in paragraph (b) of the last preceding sub-regulation to an age or invalid pension or a wife's pension or a widow's pension does not include a reference to such a pension that would not be payable if any amendment of the Social Services Act 1947-1968, being-

(a) an amendment alleviating the operation of the means test in relation to the person in receipt of the pension made after the date of commencement of the Social Services Act 1968; or

(b) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,

had not been made.''.

(5) Nothing in this section prevents the making of regulations under this Act or the Post and Telegraph Act 1901-1968 that could have been made if this section had not been enacted.
Amended by No. 27, 1973, s. 9.

(6) In this section-

''amendment alleviating the operation of the means test'', in relation to a person, means an amendment that operates to diminish or eliminate any reduction that would otherwise be made in the rate of pension payable to or in respect of the person by reason of his means as assessed as defined by section 83 of this Act or section 18 or section 59 of the Social Services Act 1947-1969, as the case may be;

''service pension'' has the same meaning as in Part III.

REPATRIATION ACT 1920-1973 - SECT. 123B.
Interpretation.

SECT

Inserted by No. 104, 1973, s. 21.
123B. A reference in any law to a Schedule to this Act that is identified in that law by an ordinal number shall be read as a reference to the Schedule to this Act that is identified in this Act by the corresponding cardinal number.

REPATRIATION ACT 1920-1973 - SECT. 124.
Regulations.

SECT

Sub-section (1) substituted by No. 22, 1943, s. 45; amended by No. 22, 1943, s. 52; No. 29, 1947, s. 13; No. 34, 1950, s. 54; No. 68, 1956, s. 15; No. 46, 1961, s. 8; No. 105, 1964, s. 19; No. 64, 1965, s. 11; No. 42, 1966, s. 12; No. 27, 1973, ss. 8 and 9; and No. 104, 1973, ss. 22 and 28.
124. (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 giving effect to this Act, and, in particular, for prescribing a penalty of a fine not exceeding Fifty dollars or of imprisonment for a period not exceeding three months for any offence against the regulations, for providing the form and effect of securities given for advances made under this Act, and for providing for the granting of assistance and benefits-

(a) to members of the Forces upon their discharge from service;

(aa)** to widows of members of the Forces (including persons specified in section 42) or to widowed mothers, unmarried mothers or widowed step-mothers of unmarried deceased members of the Forces, being widows, mothers or step-mothers who-

(i) are in receipt of, or entitled to receive, pensions in accordance with Table A in Schedule 3; or

(ii) would be entitled to receive such pensions but for paragraph (c) of the proviso to sub-section (1) of section 24, section 43, paragraph (c) of the proviso to sub-section (1) of section 101 or sub-section (6) of section 107C;

(b) to the children of incapacitated or deceased members of the Forces while those children are, by reason of physical or mental disability, incapable of contributing to their own support, or are children, as defined in section 23 or 83, of the members;

(c) to the children of incapacitated or deceased members of the Forces for the purposes of their education or training for any profession, trade or other calling;

(d) in the form of free passages-

(i) from abroad to Australia for the wives and children of members of the Forces still on active service or who have been discharged, or for the widows and children of deceased members; and

(ii) to abroad for incapacitated members of the Forces and their wives and children or the widows and children of deceased members;

(e) where by reason of special circumstances the Commission considers that assistance and benefits should be granted to-

(i) the wives of members of the Forces or the widows of deceased members of the Forces;

(ii) the mothers or step-mothers of incapacitated or deceased members of the Forces-

(a) who are either widowed, divorced or deserted; or

(b) whose husbands are so incapacitated as to be unable to contribute materially to their support;

(iii) the incapacitated fathers of incapacitated or deceased members of the Forces who were, prior to the enlistment of those members, dependent upon them;

(iv) the mothers (being either widowed, divorced, deserted or unmarried) of members of the Forces who were born out of wedlock;

(v) any person who was, prior to the death of a member of the Forces, recognized as his wife although not legally married to him; and

(vi) persons in necessitous circumstances who are or were dependent on members of the Forces;

(f) in the form of allowances to the persons specified in paragraphs (a), (b), (c) and (e);

* * * * * * * *

(h) by way of payment of funeral expenses in respect of-

(i) deceased members of the Forces;

(ii) deceased children of members of the Forces;

(iii) deceased spouses of members of the Forces;

(iv) deceased dependants (as defined by the regulations) of members of the Forces;

(v) deceased persons who, at the time of their death, were persons to whom section 42 applied;

(vi) deceased persons who, at the time of their death, were persons specified in section 120; and

(vii) deceased spouses and deceased children of persons specified in section 120.
Inserted by No. 104, 1973, s. 22.

(1AA) The power to make regulations conferred by sub-section (1) extends to-

(a) the making of regulations with respect to members of the Forces within the meaning of Division 10 of Part III, and to the dependants, within the meaning of that Division, of those members, as if those members were members of the Forces within the meaning of this Part; and

(b) the granting of assistance and benefits to a woman referred to in section 107P.**
Inserted by No. 104, 1973, s. 22.

(1AB) The regulations may provide for-

(a) the provision, whether in hospitals or other institutions referred to in section 120D or independently of those hospitals or other institutions, of medical treatment for-

(i) members of the Forces and the dependants of those members and persons referred to in section 120;

(ii) persons referred to in sub-section (1AA); and

(iii) persons who-

(A) have served in a theatre of war within the meaning of Part III, have served on Malayan service within the meaning of the Repatriation (Far East Strategic Reserve) Act 1956-1973 or have served on special service within the meaning of the Repatriation (Special Overseas Service) Act 1962-1973; and

(B) are suffering from malignant neoplasia; and

(b) the provision, in hospitals or other institutions referred to in section 120D, of medical treatment for persons other than-

(i) persons referred to in paragraph (a); or

(ii) persons entitled to receive medical treatment under-

(A) the Interim Forces Benefits Act 1947-1973;

(B) the Repatriation (Far East Strategic Reserve) Act 1956-1973;

(C) the Repatriation (Special Overseas Service) Act 1962-1973; or

(D) the Seamen's War Pensions and Allowances Act 1940-1973.**
Inserted by No. 104, 1973, s. 22.

(1AC) Medical treatment may be provided for the persons to whom paragraph (b) of sub-section (1AB) applies only if the provision of such treatment does not adversely affect the provision of medical treatment for persons referred to in a sub-paragraph of that paragraph.**
Inserted by No. 105, 1964, s. 19; amended by No. 27, 1973, s. 9.

(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. 105, 1964, s. 19.

(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.
Inserted by No. 105, 1964, s. 19; amended by No. 27, 1973, s. 9; and No. 104, 1973, s. 22.

(1C) Sub-section (1A) does not apply in relation to medical treatment in respect of a condition giving rise to an incapacity in respect of which the Commonwealth-

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

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

(c) would be so liable but for paragraph (c) of the proviso to sub-section (1) of section 24, section 43, paragraph (c) of the proviso to sub-section (1) of section 101, sub-section (6) of section 107C, section 107Q or section 107R.
Added by No. 68, 1956, s. 15.

(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.**

-----------
Heading omitted by No. 104, 1973, s. 28.
* * * * * * * *

REPATRIATION ACT 1920-1973 - SCHEDULE 1

SCH

Substituted by No. 58, 1952, s. 17; amended by No. 69, 1953, s. 23; No. 31, 1954, s. 16; No. 39, 1955, s. 23; No. 44, 1957, s. 4; No. 58, 1959, s. 8; No. 44, 1960, s. 7; No. 46, 1961, s. 9; No. 62, 1964, s. 4; No. 64, 1965, s. 12; No. 42, 1966, s. 9; No. 66; 1968, s. 12; No. 95, 1969, s. 6; No. 60, 1970, s. 5; No. 17, 1971, s. 6; No. 68, 1971, s. 4; No. 15, 1972, s. 6; No. 82, 1972, s. 19; No. 2, 1973, s. 20; No. 27, 1973, s. 9; and No. 104, 1973, ss. 23 and 28.
SCHEDULE 1
Section 35

GENERAL PENSIONS RATES
TABLE OF PENSIONS PAYABLE, SUBJECT TO THE PROVISIONS OF THE THIRD SCHEDULE, TO A WIDOWED MOTHER OR A WIDOW ON DEATH OF A MEMBER OF
THE FORCES, OR TO A MEMBER UPON HIS TOTAL INCAPACITY
------------------------------------------------------------------------------ --

Column 1 Column 2 Column 3
Pension payable to Pension payable to Pension payable to
Widowed Mother on Widow on Member on
Death of Member Death of Member Total Incapacity ------------------------------------------------------------------------------ --

$ $ $
Per fortnight Per fortnight Per fortnight

17 46 38 ------------------------------------------------------------------------------ --

* * * * * * * *

3. Where a member of the Forces is temporarily totally incapacitated to such an extent as to be precluded from earning other than a negligible percentage of a living wage while he is so incapacitated, and where the aggregate of the rate of pension payable to that member under Column 3 of the table in this Schedule and the amount (if any) payable to him under Schedule 5 is less than the Special Rate of Pension specified in Schedule 2, the Commission may grant an additional pension to a member at a rate not exceeding the amount of the difference between that aggregate sum and that Special Rate of Pension for such period, whether in excess of six months or not, as the Commission determines.

* * * * * * * *

6. Where the incapacity of a member of the Forces is such that he is unable to earn a living wage by reason that he is unable to engage in a remunerative occupation except on a part-time basis or intermittently, the amount specified in Column 3 of the table in this Schedule shall, in its application in relation to him, be deemed to be Seventy-seven dollars sixty cents.

REPATRIATION ACT 1920-1973 - SCHEDULE 2

SCH

Amended by No. 23, 1922, s. 5; No. 32, 1934, s. 12; No. 58, 1935, s. 27; No. 22, 1943, s. 47; No. 29, 1947, s. 15; No. 39, 1948, s. 11; No. 34, 1950, s. 56; No. 31, 1951, s. 10; No. 58, 1952, s. 18; No. 69, 1953, s. 24; No. 39, 1955, s. 24; No. 44, 1957, s. 5; No. 47, 1958, s. 19; No. 58, 1959, s. 9; No. 44, 1960, s. 8; No. 46, 1961, s. 10; No. 47, 1963, s. 23; No. 62, 1964, s. 5; No. 42, 1966, ss. 10 and 12; No. 66, 1968, s. 13; No. 95, 1969, s. 7; No. 60, 1970, s. 6; No. 17, 1971, s. 7; No. 68, 1971, s. 5; No. 15, 1972, s. 7; No. 82, 1972, s. 20; No. 2, 1973, s. 21; and No. 104, 1973, ss. 24 and 28.
SCHEDULE 2
RATE FOR SPECIAL PENSIONS-ONE HUNDRED AND ELEVEN DOLLARS TWENTY CENTS
PER FORTNIGHT

The Special Rate of Pension may be granted to members of the Forces who have been blinded as the result of War Service, and to members who are totally and permanently incapacitated (i.e. incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage).

The Commission may grant a pension not exceeding the Special Rate of Pension to a member of the Forces who is suffering from tuberculosis and who has been an inmate of an establishment for persons so suffering: Provided that pension under this paragraph shall not be payable after the member's discharge from the establishment unless the medical officer in charge of the establishment, or a medical practitioner approved by the Commission, has certified that his being discharged is not a menace to public health.

* * * * * * * *

In the case of a member who has been granted the Special Rate of Pension, the husband or wife of such member shall not be entitled to receive a pension exceeding the rate specified in the Third Schedule for a husband or wife of a member.

In the case of a member of the Forces who, as the result of war service-

(a) has been blinded; or

(b) in consequence of an injury or disease affecting the cerebro-spinal system, or of an injury or disease causing incapacity similar in effect or in severity to the incapacity resulting from an injury or disease affecting the cerebro-spinal system, is deemed by the Commission to be in need of an attendant,
an allowance at the rate of Twenty-six dollars per fortnight may be granted for an attendant.

In the case of a member of the Forces who, as the result of war service, has been blinded and also afflicted with total loss of speech or total deafness, an allowance at the rate of Forty-four dollars per fortnight may be granted for an attendant.

Where a member of the Forces referred to in the fourth or the fifth paragraph of this Schedule is maintained in an establishment at the public expense the allowance for an attendant shall cease to be payable as from the first day upon which a periodical payment of pension is made after the date of his admission to the establishment and, thereafter, shall not be payable while he remains in the establishment.

For the purpose of this Schedule the words ''members of the Forces who have been blinded'' shall be deemed to include members of the Forces whose eyesight is in the opinion of the Commission so defective that they have no useful sight.

REPATRIATION ACT 1920-1973 - SCHEDULE 3

SCH

Heading amended by No. 104, 1973, s. 28.
SCHEDULE 3
Table A substituted by No. 47, 1963, s. 24; amended by No. 42, 1966, s. 12; No. 64, 1967, s. 3; No. 66, 1968, s. 14; No. 60, 1970, s. 7; No. 68, 1971, s. 6; No. 82, 1972, s. 21; No. 2, 1973, s. 22; No. 27, 1973, s. 9; and No. 104, 1973, s. 25.
TABLE A

PENSIONS PAYABLE IN THE CASE OF DEATH OF A MEMBER OF THE FORCES
------------------------------------------------------------------------------ --
Class of Person Eligible for Pension Rate of Pension Payable ------------------------------------------------------------------------------ --
Widow of the member . . . . . . . . . The rate specified in Column 2 of the
table in Schedule 1, whichever is
applicable Widowed mother of-
(a) unmarried member; or
(b) unmarried member who was born out of wedlock and who was brought up by her,
who became a widow before, or within three years after, the death of the member Unmarried mother of an unmarried member who was brought up by her The rate specified in Column 1 of the
table in Schedule 1, or, in prescribed
cases, where the dependant is not in
receipt of an age pension, an invalid
pension or a widow's pension under the
Social Services Act 1947-1963, such rate
as is assessed, being a rate that does
not exceed the total of the rate
specified in Column 1 of the table in
Schedule 1 and the rate per fortnight of
age pension that would be payable to the
dependant if the dependant were entitled
to an age pension and that pension were
payable at the maximum rate applicable
to the dependant under sub- section (1A)
of section 28 of the Social Services Act
1947-1963
Child of the member-
(a) where (in the case of a child other than an ex-nuptial child) both the member and the wife or husband of the member are dead $37.00 per fortnight
(b) where the last preceding paragraph does not apply in relation to the child and the Commission is satisfied that the child is not being maintained by a parent, adoptive parent or step-parent of the child $37.00 per fortnight
(c) in any other case $18.50 per fortnight
Widower or any other dependant of the member (a) Subject to the succeeding
paragraphs of this item, such rate as is
assessed, being a rate that does not
exceed the rate specified in Column 1 of
the table in Schedule 1
(b) In prescribed cases, where the
dependant is a parent of the member and
is not in receipt of an age pension, an
invalid pension, a widow's pension or a
wife's pension under the Social Services
Act 1947-1972, such rate as is assessed,
being a rate that does not exceed the
total of the rate specified in Column 1
of the table in Schedule 1 and the rate
per fortnight of age pension that would
be payable to the dependant if the
dependant were entitled to age pension
and that pension were payable at the
maximum rate applicable to the dependant
under sub-section (1A) of section 28 of
the Social Services Act 1947-1963
(c) Where there is more than one
dependant, none being a parent of a
prescribed class, the aggregate amount
payable in respect of those dependants
shall not exceed the rate specified in
Column 1 of the table in Schedule 1 plus
$4 per fortnight
(d) Where there is more than one
dependant, including a parent of a
prescribed class, the aggregate amount
payable in respect of those dependants
shall not exceed the maximum rate that
may be assessed under paragraph (b) of
this item in respect of a parent to whom
that paragraph applies plus-
(i) where another parent of a
prescribed class is included-the rate
per fortnight of age pension that would
be payable to the dependant if the
dependant were entitled to an age
pension and that pension were payable at
the maximum rate applicable to the
dependant under sub-section (1A) of
section 28 of the Social Services Act
1947-1963, plus $4 per fortnight; or
(ii) in any other case-$4 per
fortnight ------------------------------------------------------------------------------ --
Table B substituted by No. 58, 1952, s. 19; amended by No. 47, 1958, s. 20; No. 62, 1964, s. 6; No. 42, 1966, s. 12; No. 2, 1973, s. 22; and No. 104, 1973, ss. 25 and 28.
TABLE B
PENSIONS PAYABLE IN THE CASE OF TOTAL INCAPACITY OF A MEMBER OF THE
FORCES
------------------------------------------------------------------------------ --
Class of Person Eligible for Pension Rate of Pension Payable ------------------------------------------------------------------------------ --
Member of the Forces-
General Rate . . . . . . . . . . . . The rate specified in Column 3 of the
table in Schedule 1
Special Rate . . . . . . . . . . . . The rate specified in, or assessed in
accordance with, Schedule 2 in the cases
to which the provisions of that Schedule
are applicable Wife or husband of the member . . . . $8.10 per fortnight Child of the member . . . . . . . . . $2.75 per fortnight Any other dependant of the member . . (a) Subject to the next succeeding
paragraph, such rate, not exceeding the
rate specified in Column 1 of the table
in Schedule 1, as is assessed
(b) The aggregate amount payable in
respect of dependants of this class
shall not exceed the rate so specified
plus $4 per fortnight ------------------------------------------------------------------------------ --
Table C substituted by No. 34, 1950, s. 57; amended by No. 104, 1973, s. 28.
TABLE C
PENSIONS PAYABLE IN CASES OF PARTIAL OR SPECIFIC INCAPACITY OF MEMBERS
OF THE FORCES
------------------------------------------------------------------------------ --
Class of Person Eligible for Pension Rate of Pension Payable ------------------------------------------------------------------------------ --
Member or dependant . . . . . . . . . Such rate, being less than the rate or
the maximum rate, as the case may be,
prescribed by Table B of this Schedule,
as is assessed, having regard to the
nature and probable duration of the
incapacity, or in accordance with
Schedules 4 and 5 in the cases to which
those Schedules apply ------------------------------------------------------------------------------ --

REPATRIATION ACT 1920-1973 - SCHEDULE 4

SCH

Amended by No. 23, 1922, s. 6; No. 55, 1938, s. 3; No. 34, 1950, s. 58; No. 39, 1955, s. 26; No. 27, 1973, s. 9; and No. 104, 1973, s. 28.
SCHEDULE 4

The rate of pension payable to a member of the Forces who is incapacitated by reason of a disability specified in the first column of this Schedule is a rate equal to such percentage of the General Rate of pension to which the member would be entitled under Schedule 3 if he were totally incapacitated as is set out in the second column of this Schedule opposite to the description of the disability.
------------------------------------------------------------------------------ --

Description of Disability Percentage of General
Rate ------------------------------------------------------------------------------ --

Per centum
Loss of two or more limbs . . . . . . . . . . . . . 100 Loss of both eyes . . . . . . . . . . . . . . . . . 100 Loss of one eye, together with loss of leg, foot, hand or arm . . . . . . . . . . . . . . . . . . . . 100 Loss of both arms . . . . . . . . . . . . . . . . . 100 Loss of both legs . . . . . . . . . . . . . . . . . 100 Loss of both feet . . . . . . . . . . . . . . . . . 100 Loss of both hands . . . . . . . . . . . . . . . . . 100 Loss of hand and foot . . . . . . . . . . . . . . . 100 Loss of all fingers and thumbs . . . . . . . . . . . 100 Lunacy . . . . . . . . . . . . . . . . . . . . . . . 100 Wounds, injuries, or disease, involving total permanent disabling effects . . . . . . . . . . . . 100 Very severe facial disfigurement . . . . . . . . . . 100 Amputation of leg at hip or of right arm at shoulder joint (if right handed), or of left arm at shoulder joint (if left handed) . . . . . . . . . . . . . . . 100 for first six months
80 thereafter Severe facial disfigurement . . . . . . . . . . . . 80 Total loss of speech . . . . . . . . . . . . . . . . 100
100 for first six months Loss of leg or foot . . . . . . . . . . . . . . . .
75 thereafter
100 for first six months Loss of arm or hand . . . . . . . . . . . . . . . .
75 thereafter Total deafness . . . . . . . . . . . . . . . . . . . 100 Loss of vision in one eye . . . . . . . . . . . . . 50 ------------------------------------------------------------------------------ --

For the purposes of this Schedule a leg, foot, hand, arm or eye is deemed to be lost if it is rendered permanently and wholly useless.

REPATRIATION ACT 1920-1973 - SCHEDULE 5

SCH

Substituted by No. 34, 1950, s. 59; amended by No. 31, 1951, s. 11; No. 58, 1952, s. 20; No. 69, 1953, s. 26; No. 31, 1954, s. 17; No. 39, 1955, s. 27; No. 44, 1957, s. 6; No. 47, 1958, s. 21; No. 58, 1959, s. 10; No. 44, 1960, s. 9; No. 46, 1961, s. 12; No. 47, 1963, s. 25; No. 62, 1964, s. 7; No. 64, 1965, s. 13; No. 42, 1966, s. 11; No. 66, 1968, s. 15, No. 95, 1969, s. 8; No. 60, 1970, s. 8; No. 17, 1971, s. 8; No. 68, 1971, s. 7; No. 15, 1972, s. 8; No. 82, 1972, s. 22; No. 2, 1973, s. 22; No. 27, 1973, s. 9; and No. 104, 1973, ss. 26 and 28.
SCHEDULE 5

1. Where a member of the Forces is suffering from a disability described in Column 1 of the following table, the amount and the rate of allowance (if any) specified, in relation to that disability, in Columns 2 and 3, respectively, of the table shall, subject to this Act, be payable in addition to the pension payable under Schedule 4.
------------------------------------------------------------------------------ --

Column 1 Column 2 Column 3
Description of Disability Amount Allowance ------------------------------------------------------------------------------ --

$ $
Per Per
fortnight fortnight
Two arms amputated . . . . . . . . . . . . . . . . . . . . 73.20 44 Two legs and one arm amputated . . . . . . . . . . . . . . 73.20 26 Two legs amputated above the knee . . . . . . . . . . . . . 73.20 26 Two legs amputated and loss of eye . . . . . . . . . . . . 73.20 . . One arm and one leg amputated and one eye destroyed . . . . 73.20 . . One leg and one arm amputated . . . . . . . . . . . . . . . 73.20 . . One leg amputated above, and one leg amputated below, the knee . . . . . . . . . . . . . . . . . . . . . . . . . . . 29.40 . . Two legs amputated below the knee . . . . . . . . . . . . . 19.80 . . One arm amputated and one eye destroyed . . . . . . . . . . 17.10 . . One leg amputated and one eye destroyed . . . . . . . . . . 17.10 . . One leg amputated above the knee . . . . . . . . . . . . . 8.50 . . One leg amputated below the knee . . . . . . . . . . . . . 4.50 . . One arm amputated above the elbow . . . . . . . . . . . . . 8.50 . . One arm amputated below the elbow . . . . . . . . . . . . . 4.50 . . Loss of vision in one eye . . . . . . . . . . . . . . . . . 6.60 . . ------------------------------------------------------------------------------ --

2. For the purposes of this Schedule-

(i) amputation below the knee or below the elbow shall, where the knee or elbow action is lost, be deemed to be amputation above the knee or above the elbow, as the case may be;

(ii) amputation of a foot shall be deemed to be amputation of a leg below the knee;

(iii) amputation of a hand shall be deemed to be amputation of an arm below the elbow; and

(iv) a leg, foot, hand or arm shall be deemed to have been amputated, and an eye shall be deemed to have been lost or destroyed, if it has been rendered permanently and wholly useless.

3. The allowance specified in Column 3 of the table in paragraph 1 of this Schedule in relation to the first two disabilities described in Column 1 of that table shall be payable for an attendant and the allowance specified in Column 3 of that table in relation to the third disability described in Column 1 of that table shall be payable for an attendant in those cases only where two legs have been amputated either at the hip or one at the hip and the other in the upper third.

4. Where a member of the Forces is maintained in an establishment at the public expense, an allowance for an attendant shall cease to be payable as from the first day upon which a periodical payment of pension is made after the date of his admission to the establishment and, thereafter, shall not be payable while he remains in the establishment.

5. A person shall not be entitled to receive a benefit under both Schedule 2 and this Schedule at one and the same time.

6. Where the total amount per fortnight of pension payable under this Act to a member of the Forces referred to in paragraph 6 of Schedule 1 would, but for this paragraph, by reason of the payment to him in accordance with this Schedule of an amount per fortnight specified in column 2 of the table in paragraph 1 of this Schedule, exceed the amount per fortnight set out in Schedule 2 at the rate for Special Pensions, the amount per fortnight payable to him under this Schedule shall be reduced by the amount of the excess.

REPATRIATION ACT 1920-1973 - SCHEDULE 6

SCH

Added by No. 66, 1968, s. 16; amended by No. 95, 1969, s. 9; No. 60, 1970, s. 9; No. 27, 1973, s. 9; and No. 104, 1973, ss. 27 and 28.
SCHEDULE 6

1. This Schedule applies in relation to a member of the Forces to whom there is payable pension (other than pension payable under Schedule 2) at a rate of an amount per fortnight that-

(a) is less than the amount specified in paragraph 6 of Schedule 1; and

(b) is, after deducting any amount payable under Schedule 5, not less than seventy-five per centum of the amount of pension per fortnight specified in relation to the member in column 3 of the table in Schedule 1.

2. There is payable to a member of the Forces in relation to whom this Schedule applies, in addition to any other pension, an allowance-

(a) where the amount of pension (excluding any amount payable under Schedule 5) per fortnight payable to the member is equal to the amount of pension per fortnight specified in relation to the member in column 3 of the table in Schedule 1-at the rate of Six dollars per fortnight; or

(b) in any other case-at the rate of the amount per fortnight that bears the same proportion to Six dollars as the amount of pension (excluding any amount payable under Schedule 5) per fortnight payable to the member bears to the amount of pension per fortnight specified in relation to the member in column 3 of the table in Schedule 1.

3. For the purposes of this Schedule-

(a) where-

(i) the incapacity of a member results from a disability that is, or from disabilities at least one of which is, capable of being alleviated by the use of aids to vision or hearing aids; and

(ii) the assessment of the rate of the pension of the member has not been affected by sub-section (1) of section 37,

the amount per fortnight at which pension is payable to the member shall, except for the purposes of comparison with the amount referred to in sub-paragraph (a) of paragraph 1 of this Schedule, be deemed to be the amount that would be so payable if the rate of pension were assessed having regard to the incapacity remaining after any disability or disabilities capable of being alleviated by the use of aids to vision or hearing aids were so alleviated; and

(b) where the rate of pension of the member has been assessed in accordance with sub-section (1) of section 37, the amount per fortnight at which pension is payable to the member shall, except for the purposes of comparison with the amount referred to in sub-paragraph (a) of paragraph 1 of this Schedule, be deemed to be the amount that would be so payable if the rate of pension-

(i) were assessed without regard to sub-section (1) of section 37; and

(ii) where the incapacity of the member results from a disability that is, or from disabilities at least one of which is, capable of being alleviated by the use of aids to vision or hearing aids-were also assessed having regard to the incapacity remaining after any disability or disabilities capable of being alleviated by the use of aids to vision or hearing aids were so alleviated.

4. In this Schedule, ''pension'' does not include a service pension, an allowance under Schedule 2, an allowance specified in column 3 of the table in Schedule 5 or an allowance under this Schedule.

REPATRIATION ACT 1920-1973 - SCHEDULE 7

SCH

Added by No. 82, 1972, s. 23; amended by No. 104, 1973, s. 28.
SCHEDULE 7
Section 90
CONVERSION FACTORS FOR CALCULATING THE VALUE AS PROPERTY EQUIVALENT OF
SUPERANNUATION PENSIONS
------------------------------------------------------------------------------ --

Column 1 Column 2 Column 1 Column 2

Conversion Conversion
Age next birthday factor Age next birthday factor ------------------------------------------------------------------------------ --
16 . . . . . . . . . . . . . 15.9 58 . . . . . . . . . . . . . 9.8 17 . . . . . . . . . . . . . 15.9 59 . . . . . . . . . . . . . 9.6 18 . . . . . . . . . . . . . 15.8 60 . . . . . . . . . . . . . 9.3 19 . . . . . . . . . . . . . 15.8 61 . . . . . . . . . . . . . 9.1 20 . . . . . . . . . . . . . 15.7 62 . . . . . . . . . . . . . 8.8 21 . . . . . . . . . . . . . 15.7 63 . . . . . . . . . . . . . 8.5 22 . . . . . . . . . . . . . 15.6 64 . . . . . . . . . . . . . 8.3 23 . . . . . . . . . . . . . 15.5 65 . . . . . . . . . . . . . 8.0 24 . . . . . . . . . . . . . 15.5 66 . . . . . . . . . . . . . 7.8 25 . . . . . . . . . . . . . 15.4 67 . . . . . . . . . . . . . 7.5 26 . . . . . . . . . . . . . 15.3 68 . . . . . . . . . . . . . 7.3 27 . . . . . . . . . . . . . 15.2 69 . . . . . . . . . . . . . 7.0 28 . . . . . . . . . . . . . 15.2 70 . . . . . . . . . . . . . 6.7 29 . . . . . . . . . . . . . 15.1 71 . . . . . . . . . . . . . 6.5 30 . . . . . . . . . . . . . 15.0 72 . . . . . . . . . . . . . 6.2 31 . . . . . . . . . . . . . 14.9 73 . . . . . . . . . . . . . 6.0 32 . . . . . . . . . . . . . 14.7 74 . . . . . . . . . . . . . 5.7 33 . . . . . . . . . . . . . 14.6 75 . . . . . . . . . . . . . 5.5 34 . . . . . . . . . . . . . 14.5 76 . . . . . . . . . . . . . 5.3 35 . . . . . . . . . . . . . 14.4 77 . . . . . . . . . . . . . 5.0 36 . . . . . . . . . . . . . 14.3 78 . . . . . . . . . . . . . 4.8 37 . . . . . . . . . . . . . 14.1 79 . . . . . . . . . . . . . 4.6 38 . . . . . . . . . . . . . 14.0 80 . . . . . . . . . . . . . 4.3 39 . . . . . . . . . . . . . 13.8 81 . . . . . . . . . . . . . 4.1 40 . . . . . . . . . . . . . 13.7 82 . . . . . . . . . . . . . 3.9 41 . . . . . . . . . . . . . 13.5 83 . . . . . . . . . . . . . 3.7 42 . . . . . . . . . . . . . 13.3 84 . . . . . . . . . . . . . 3.5 43 . . . . . . . . . . . . . 13.1 85 . . . . . . . . . . . . . 3.3 44 . . . . . . . . . . . . . 13.0 86 . . . . . . . . . . . . . 3.2 45 . . . . . . . . . . . . . 12.8 87 . . . . . . . . . . . . . 3.0 46 . . . . . . . . . . . . . 12.6 88 . . . . . . . . . . . . . 2.8 47 . . . . . . . . . . . . . 12.4 89 . . . . . . . . . . . . . 2.7 48 . . . . . . . . . . . . . 12.2 90 . . . . . . . . . . . . . 2.5 49 . . . . . . . . . . . . . 12.0 91 . . . . . . . . . . . . . 2.4 50 . . . . . . . . . . . . . 11.7 92 . . . . . . . . . . . . . 2.3 51 . . . . . . . . . . . . . 11.5 93 . . . . . . . . . . . . . 2.2 52 . . . . . . . . . . . . . 11.3 94 . . . . . . . . . . . . . 2.1 53 . . . . . . . . . . . . . 11.0 95 . . . . . . . . . . . . . 2.0 54 . . . . . . . . . . . . . 10.8 96 . . . . . . . . . . . . . 1.9 55 . . . . . . . . . . . . . 10.6 97 . . . . . . . . . . . . . 1.8 56 . . . . . . . . . . . . . 10.3 98 . . . . . . . . . . . . . 1.7 57 . . . . . . . . . . . . . 10.1 99 . . . . . . . . . . . . . 1.6 ------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --

REPATRIATION ACT 1920-1973 - NOTES


NOTES
1. The Repatriation Act 1920-1973 comprises the Australian Soldiers' Repatriation Act 1920 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Australian Soldiers'
Repatriation Act 1920 No. 6, 1920 19 May 1920 1 July 1920 (see
Gazette 1920, p.
909)
Australian Soldiers'
Repatriation Act 1921 No. 34, 1921 17 Dec 1921 17 Dec 1921
Australian Soldiers'
Repatriation Act 1922 No. 23, 1922 18 Oct 1922 18 Oct 1922
Australian Soldiers'
Repatriation Act 1929 No. 14, 1929 25 Mar 1929 1 June 1929 (see
Gazette 1929, p.
1317)
Australian Soldiers'
Repatriation Act 1930 No. 74, 1930 16 Dec 1930 1 June 1929
Financial Emergency Act
1931 (a) No. 10, 1931 17 July 1931 20 July 1931 (see
Gazette 1931, p.
1195)
Financial Emergency Act
(No. 2) 1931 (a) No. 47, 1931 4 Nov 1931 4 Nov 1931
Australian Soldiers'
Repatriation Act 1934 No. 32, 1934 4 Aug 1934 S. 9: 30 Oct 1933
Remainder: Royal
Assent
Australian Soldiers'
Repatriation Act 1935 No. 58, 1935 6 Dec 1935 1 Jan 1936
Financial Relief Act
(No. 2) 1936 (a) No. 29, 1936 21 Sept 1936 21 Sept 1936
Australian Soldiers'
Repatriation Act 1936 No. 67, 1936 3 Dec 1936 S. 8: 1 Jan 1936
Remainder: Royal
Assent
Australian Soldiers'
Repatriation Act 1937 No. 12, 1937 2 Sept 1937 Ss. 3-5 and 7: 16
Sept 1937
S. 6: 10 Mar 1937
Remainder: Royal
Assent
Australian Soldiers'
Repatriation Act (No. 2)
1937 No. 24, 1937 16 Sept 1937 16 Sept 1937
Australian Soldiers'
Repatriation Act (No. 3)
1937 No. 42, 1937 13 Dec 1937 1 Jan 1938 (see
Gazette 1937, p.
2347)
Australian Soldiers'
Repatriation Act 1938 No. 55, 1938 10 Dec 1938 7 Jan 1939
Australian Soldiers'
Repatriation Act 1940 No. 37, 1940 4 June 1940 S. 15: 1 July 1920
Remainder: 3 Sept
1939
Australian Soldiers'
Repatriation Act (No. 2)
1940 No. 96, 1940 17 Dec 1940 2 Jan 1941
Australian Soldiers'
Repatriation Act 1941 No. 49, 1941 3 Dec 1941 S. 7: 1 Nov 1941
Ss. 3-6: 18 Dec
1941
Remainder: Royal
Assent
Australian Soldiers'
Repatriation Act 1943 No. 22, 1943 1 Apr 1943 1 Apr 1943(b)
Re-establishment and
Employment Act 1945 No. 11, 1945 28 June 1945 27 Aug 1945 (see
Gazette 1945, p.
1859)
Australian Soldiers'
Repatriation Act 1946 No. 49, 1946 15 Aug 1946 15 Aug 1946
Commonwealth Public
Service Act 1947 No. 1, 1947 14 Mar 1947 14 Mar 1947
Australian Soldiers'
Repatriation Act 1947 No. 29, 1947 11 June 1947 10 July 1947
Australian Soldiers'
Repatriation Act (No. 2)
1947 No. 74, 1947 5 Dec 1947 5 Dec 1947
Australian Soldiers'
Repatriation Act 1948 No. 39, 1948 22 Oct 1948 S. 9: 3 Jan 1949
(see Gazette 1948,
p. 4323)
Remainder: Royal
Assent
Australian Soldiers'
Repatriation Act 1949 No. 38, 1949 18 July 1949 7 July 1949
Australian Soldiers'
Repatriation Act 1950 No. 34, 1950 12 Dec 1950 (c)
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Repatriation Act 1951 No. 31, 1951 21 Nov 1951 21 Nov 1951
Repatriation Act 1952 No. 58, 1952 2 Oct 1952 2 Oct 1952
Repatriation Act 1953 No. 69, 1953 28 Oct 1953 28 Oct 1953
Repatriation Act 1954 No. 31, 1954 6 Oct 1954 6 Oct 1954
Repatriation Act 1955 No. 39, 1955 19 Oct 1955 19 Oct 1955
Repatriation Act 1956 No. 68, 1956 5 Oct 1956 5 Oct 1956
Repatriation Act (No. 2)
1956 No. 97, 1956 15 Nov 1956 1 Sept 1957 (d)
Repatriation Act 1957 No. 44, 1957 15 Oct 1957 15 Oct 1957
Repatriation Act 1958 No. 47, 1958 30 Sept 1958 (e)
Repatriation Act 1959 No. 58, 1959 30 Sept 1959 30 Sept 1959
Repatriation Act 1960 No. 44, 1960 27 Sept 1960 Ss.3-6: 1 Mar 1961
(see Gazette 1961,
p. 606)
Remainder: Royal
Assent
Repatriation Act 1961 No. 46, 1961 27 Sept 1961 S. 8: 29 Sept 1960
Remainder: Royal
Assent
Repatriation Act 1962 No. 75, 1962 10 Dec 1962 10 Dec 1962
Repatriation Act (No. 2)
1962 No. 91, 1962 14 Dec 1962 28 May 1963 (f)
Repatriation Act 1963 No. 47, 1963 25 Sept 1963 (g)
Repatriation Act 1964 No. 62, 1964 23 Sept 1964 23 Sept 1964
Repatriation Act (No. 2)
1964 No. 105, 1964 20 Nov 1964 20 Nov 1964 (h)
Repatriation Act 1965 No. 64, 1965 6 Oct 1965 6 Oct 1965
Repatriation Act 1966 No. 42, 1966 30 Sept 1966 30 Sept 1966
Repatriation Act 1967 No. 64, 1967 10 Oct 1967 10 Oct 1967
Repatriation Act 1968 No. 66, 1968 27 Sept 1968 27 Sept 1968
Salaries Act 1968 (j) No. 120, 1968 2 Dec 1968 2 Dec 1968 (k)
Repatriation Act 1969 No. 95, 1969 27 Sept 1969 27 Sept 1969
Repatriation Act 1970 No. 4, 1970 24 Mar 1970 24 Mar 1970
Repatriation Act (No. 2)
1970 No. 60, 1970 28 Sept 1970 28 Sept 1970
Repatriation Act 1971 No. 17, 1971 7 Apr 1971 1 Apr 1971
Repatriation Act (No. 2)
1971 No. 68, 1971 29 Sept 1971 29 Sept 1971
Repatriation Act 1972 No. 15, 1972 24 Apr 1972 24 Apr 1972
Repatriation Act (No. 2)
1972 No. 82, 1972 27 Sept 1972 27 Sept 1972
Repatriation (Torres
Strait Islanders) Act
1972 No. 139, 1972 2 Nov 1972 2 Nov 1972 (l)
Repatriation Act 1973 No. 2, 1973 16 Mar 1973 16 Mar 1973 (m)
Repatriation Act (No. 2)
1973 No. 27, 1973 8 May 1973 8 May 1973
Repatriation (No. 3)
1973 No. 104, 1973 26 Sept 1973 26 Sept 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

(a) The Financial Emergency Act 1931, the Financial Emergency Act (No. 2) 1931 and the Financial Relief Act (No. 2) 1936 were repealed by section 12 of the Statute Law Revision Act 1950. That section provides that the repeals do not affect the operation of any amendment made by a repealed Act or any provision made by it for the citation of an Act as so amended.

(b) Section 2 of the Australian Soldiers' Repatriation Act 1943 provides as follows:

''2. This Act (other than paragraph (a) of section thirty, except to the extent to which it relates to a service pension to a member of the Forces, and sections thirty-three, thirty-nine, forty-six, forty-seven, forty-eight and forty-nine) shall come into operation on the day on which it receives the Royal Assent, section thirty-nine shall be deemed to have come into operation on the third day of September, One thousand nine hundred and thirty-nine and paragraph (a) of section thirty, except to the extent above-mentioned, and sections thirty-three, forty-six, forty-seven, forty-eight, and forty-nine shall come into operation on a date to be fixed by Proclamation, not being a date later than six weeks after the day on which this Act receives the Royal Assent.''

The date fixed by Proclamation was 6 May 1943 (see Gazette 1943, p. 838).

(c) Section 2 of the Australian Soldiers' Repatriation Act 1950 provides as follows:

''2. (1) Sections six, eight, nine, ten and eleven of this Act shall come into operation on a date to be fixed by Proclamation.

''(2) The amendments of the Principal Act effected by paragraphs (a) and (f) of section twelve and by paragraphs (a) and (c) of section thirty-three, and sections twenty, twenty-one, twenty-two, twenty-three, thirty-six, thirty-seven and fifty-five to sixty-one (inclusive) of this Act shall be deemed to have come into operation on the second day of November, One thousand nine hundred and fifty.

''(3) Sub-section (2) of section forty-five, inserted in the Principal Act by section twenty-five of this Act, shall be deemed to have come into operation on the second day of November, One thousand nine hundred and fifty.

''(4) The amendment of the Principal Act effected by paragraph (b) of section thirty-three of this Act shall be deemed to have come into operation on the thirteenth day of July, One thousand nine hundred and fifty.

''(5) Sections three and forty-eight of this Act shall be deemed to have come into operation on the twenty-seventh day of June, One thousand nine hundred and fifty.

''(6) Sections forty-two, forty-four and fifty, inserted in the Principal Act by sections twenty-four, twenty-five and twenty-eight, respectively, of this Act, shall be deemed to have come into operation on the twenty-seventh day of June, One thousand nine hundred and fifty.

''(7) The remaining provisions of this Act shall come into operation on the day on which this Act receives the Royal Assent.''

The date fixed by Proclamation was 21 June 1951 (see Gazette 1951, p. 1482).

(d) By section 2 of the Repatriation Act (No. 2) 1956, that Act commenced on the date of commencement of the Repatriation (Far East Strategic Reserve) Act 1956. The last-mentioned Act commenced on a date fixed by Proclamation. The date fixed was 1 September 1957 (see Gazette 1957, p. 2631).

(e) By section 2 of the Repatriation Act 1958, sections 1, 2, 5, 9, 13, 16 and 18 to 22 (inclusive) of that Act commenced on the date of Royal Assent, and the other sections commenced on the date of commencement of the Social Services Act 1958. The date of Royal Assent was 30 September 1958. The Social Services Act 1958 commenced on a date fixed by Proclamation. The date fixed was 15 October 1958 (see Gazette 1958, p. 3383).

(f) By section 2 of the Repatriation Act (No. 2) 1962, that Act commenced on the date of commencement of the Repatriation (Special Overseas Service) Act 1962. The last-mentioned Act commenced on a date fixed by Proclamation. The date fixed was 28 May 1963 (see Gazette 1963, p. 1869).

(g) Section 2 of the Repatriation Act 1963 provides as follows:

''2. (1) Subject to the next succeeding sub-section and to sub-section (2) of section twenty-four of this Act, this Act shall come into operation on the day on which it receives the Royal Assent.

''(2) The amendment effected by paragraph (a) of section ten of this Act shall come into operation on the date fixed under sub-section (2) of section two of the Social Services Act 1963.''

Sub-section 2 (2) of the Social Services Act 1963 was proclaimed to commence on
7 November 1963 (see Gazette 1963, p. 3863).

(h) By sub-section 2 (2) of the Repatriation Act (No. 2) 1964, the amendment made by section 19 (1)(b) of that Act commenced on a date fixed by Proclamation. The date fixed was 6 August 1965 (see Gazette 1965, p. 3401).

(j) The Salaries Act 1968 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended.

(k) By section 2 of the Salaries Act 1968, the amendments made by that Act were deemed to have taken effect on 1 December 1968.

(l) By section 2 of the Repatriation (Torres Strait Islanders) Act 1972, that Act commenced on the date of commencement of the Native Members of the Forces Benefits Act 1972. The last-mentioned Act commenced on the date of Royal Assent.

(m) Sections 2 and 24 of the Repatriation Act 1973 provide as follows:

''2. Subject to section 24, this Act shall come into operation on the day on which it receives the Royal Assent.''

''24. The amendments made by sections 20, 21 and 23-

(a) shall be deemed to have come into operation on the seventh day of December, 1972; and

(b) apply in relation to an instalment of a pension falling due on that date and to all subsequent instalments.''

All the sections, other than sections 1 to 12, of the Australian Soldiers' Repatriation Act 1920-1941, as amended by the Australian Soldiers' Repatriation Act 1943, were re-numbered by sub-section 51 (1) of, and the First Schedule to, the last-mentioned Act. Sub-section 51 (2) of that Act provides as follows:

''(2) Any reference in any law of the Commonwealth or of any Territory of the Commonwealth, or in any instrument or document, to any section of the Principal Act shall, if that section has been re-numbered in pursuance of this section, be read as a reference to that section as so re-numbered.''

The Interim Forces Benefits Act 1947-1973 provides for certain benefits for members of the Interim Forces by reason of their service with those Forces.

The Repatriation (Far East Strategic Reserve) Act 1956-1973 provides for benefits for certain members of the Defence Force who have served in Malaysia with, or in connexion with, the British Commonwealth Far East Strategic Reserve.

The Repatriation (Special Overseas Service) Act 1962-1973 provides for benefits for certain members of the Defence Force who have served on special service outside Australia.

The Repatriation (Torres Strait Islanders) Act 1972 makes 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.

2.-Ss. 9, 15 (11), 59 and 66-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of member (other than the Chairman) of the Repatriation Commission is $17,043, that of Chairman of a War Pensions Entitlement Appeal Tribunal $17,043, that of Chairman of a War Pensions Assessment Appeal Tribunal $14,633, that of member (other than the Chairman) of a War Pensions Entitlement Appeal Tribunal $12,974, that of Chairman of a Repatriation Board $10,824 and that of member (other than the Chairman) of a Repatriation Board $9,961.

3.-S. 14 (2)-By Proclamation dated 24 January 1962, it was notified that as from 15 February 1962, for the purposes of the administration of the Act, all that portion of the State of New South Wales being the County of Yancowinna is attached to the State of South Australia; see Gazette 1962, p. 439.

4. Section 22 provided for the appointment of officers of the Repatriation Commission; see Division 9C of Part III of the Public Service Act 1922-1973.

5. The definition of ''Unmarried member of the Forces'' in section 23 was inserted by paragraph 4 (1) (g) of the Repatriation Act 1973. Sub-section 4 (2) of that Act provides as follows:

''(2) The amendment made by paragraph (g) of sub-section (1) does not affect a pension that was being paid immediately before the commencement of this section and that pension continues to be payable as if that amendment had not been made.''

6.-S. 23-By Proclamation published on 31 August 1921, that day, at the hour of midnight reckoned according to Greenwich standard time, was deemed to be the date of the termination of the war that commenced on 4 August 1914; see Gazette 1921, p. 1251.

7. Section 24A was substituted by sub-section 5 (1) of the Repatriation Act 1973. Sub-section 5 (2) of that Act provides as follows:

''(2) Proceedings taken by virtue of the section repealed by sub-section (1) that were pending immediately before the commencement of this section may be continued as if that section had not been repealed.''

8.-S. 63 (1)-Now cited as the Public Service Act 1922-1973.

9.-S. 83 (1)-By section 28 of the War Gratuity Act 1945-1966, any war gratuity or any interest credited or paid to any person in pursuance of that Act is not to be deemed to be property or income for the purposes of the Repatriation Act.
10. Sub-section 86 (1) was substituted by sub-section 9 (1) of the Repatriation Act 1973. Sub-section 9 (2) of that Act provides as follows:

''(2) Where a service pension that was being paid immediately before the commencement of this section would, but for this sub-section, cease to be payable by virtue of the amendment made by sub-section (1), that pension continues to be payable as if that amendment had not been made, but, unless that pension is payable by reason that the pensioner is suffering from pulmonary tuberculosis, the rate of that pension shall not, at any time, exceed the rate at which that pension was being paid immediately before the day on which the Social Services Act 1973 received the Royal Assent.''
11. Section 92 was substituted by section 6 of the Repatriation Act (No. 2) 1973. Section 10 of that Act provides as follows:

''10. Where, immediately before the commencement of this Act-

(a) a service pensioner was absent from Australia and its Territories; and

(b) the Commission was satisfied that the absence was of a temporary nature within the meaning of section 92 of the Principal Act,

the payment of service pension during the period of that absence may continue to be made to the pensioner as if section 92 of the Principal Act had not been repealed.''
12. Section 98A was amended by sub-section 13 (1) of the Repatriation Act (No. 2) 1972. Sub-sections 13 (2) and (3) of that Act provide as follows:

''(2) Where, on the relevant pension pay day for the purposes of section 24 of this Act-

(a) a member of the Forces is in receipt of a service pension;

(b) the wife of the member is in receipt of a service pension by reason of being his wife and is not living apart from the member; and

(c) the member is also in receipt of an allowance by way of supplementary assistance under the Repatriation Act 1920-1972,

the wife shall, by force of this sub-section, be deemed-

(d) to have been granted an allowance by way of supplementary assistance at a rate ascertained by the Commission in accordance with section 98A of the Repatriation Act 1920-1972; and

(e) to be entitled to be paid the first fortnightly instalment of the allowance so granted on that pay day.

''(3) An allowance payable under the last preceding sub-section may be cancelled or suspended, and the rate at which it is payable may be increased or reduced, in accordance with the Repatriation Act 1920-1972.''
13. Sub-paragraph 99 (2) (b) (viii) was added by paragraph 15 (1) (b) of the Repatriation (Torres Strait Islanders) Act 1972. Sub-section 15 (2) of that Act provides as follows:

''(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.''
14.-Ss. 102, 107, 107D, 107G and 108 (2) and (3)-Section 21 of the Repatriation Act 1952 provides as follows:

''21. A person who, before the commencement of this Act, satisfied the Commission that he or she was resident in Australia or a Territory of the Commonwealth within the period of twelve months immediately preceding his or her appointment, enlistment or enrolment in the naval, military or air forces, or a service auxiliary to any of those forces, of a part of the Queen's dominions, other than the Commonwealth, shall be deemed to have been domiciled in Australia or a Territory of the Commonwealth for the purposes of section one hundred and two, one hundred and seven, one hundred and seven D or one hundred and seven G, or paragraph (c) or (d) of sub-section (2) or paragraph (d) of sub-section (3) of section one hundred and eight, as the case requires, of the Principal Act as amended by this Act.''
15.-Divs. 8 and 9-Section 5 of the Repatriation (Far East Strategic Reserve) Act 1956-1973 provides as follows:

''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.''
16.-Pt. V-As to the interpretation of certain words and phrases in this Part, see section 108.
17. Section 119 was substituted by sub-section 22 (1) of the Repatriation Act 1953. Sub-section 22 (2) of that Act provides as follows:

''(2) An arrangement in force under section one hundred and nineteen of the Principal Act at the date of commencement of this section continues in force notwithstanding the repeal of that section effected by the last preceding subsection.''
18. Section 120D was inserted by sub-section 19 (1) of the Repatriation Act (No. 3) 1973. Sub-section 19 (2) of that Act provides as follows:

''(2) A hospital or other institution that was, immediately before the commencement of this section, controlled and administered by the Commission shall be deemed to have been established under the section inserted in the Principal Act by sub-section (1) and that section applies in relation to that hospital or other institution accordingly.''
19. Paragraph 124 (1) (aa) was inserted by paragraph 19 (1) (a) of the Repatriation Act (No. 2) 1964. Sub-section 19 (2) of that Act provides as follows:

''(2) A regulation made, or purporting to have been made, under the Repatriation Act 1920, or under that Act as amended at any time, and in force, or purporting to be in force, immediately before the date of commencement of this Act, being a regulation that makes provision for assistance or benefits to persons referred to in paragraph (aa) inserted by paragraph (a) of the last preceding sub-section, shall be deemed to be, and to have been, as valid and effectual as it would be, or have been, if that last-mentioned paragraph had come into operation on the date on which the regulation was made or purported to be made.''

20. Sub-sections 124 (1AA), (1AB) and (1AC) were inserted by sub-section 22 (1) of the Repatriation Act (No. 3) 1973. Sub-section 22 (2) of that Act provides as follows:

''(2) Regulations providing for medical treatment that purported to have been made before the commencement of this Act shall be deemed to have been as validly made as they would have been if the amendments made by this Act had been in force when the regulations purported to have been made.''

Section 29 of that Act provides as follows:

''29. Regulations providing for benefits and assistance to persons referred to in sub-section 124 (1AA) of the Principal Act as amended by this Act may be made as if the amendments made by this Act had come into operation on 7 December 1972 and regulations so made may provide that benefits or assistance purporting to have been granted to those persons before the commencement of this Act that would have been validly granted if those regulations had come into force on that date shall be deemed to have been validly granted.''
21. Sub-section 124 (2) was added by sub-section 15 (1) of the Repatriation Act 1956. Sub-sections 15 (2), (3) and (4) of that Act provide as follows:

''(2) Regulation nine of the Repatriation Regulations shall be deemed to have been valid and effectual at all times before the commencement of this Act and shall continue to apply to and in relation to every trust continued in existence by the next succeeding sub-section.

''(3) Every trust which, by reason of the operation of the last preceding sub-section, is deemed to have been subsisting immediately before the commencement of this Act shall continue in existence until the commencement of regulations made by virtue of sub-section (2) of section one hundred and twenty-four of the Principal Act, as amended by this section.

''(4) Regulations made by virtue of sub-section (2) of section one hundred and twenty-four of the Principal Act, as amended by this section, may provide for the further continuation of trusts to which the last preceding sub-section applies, and any trust so continued shall be deemed to have been validly created under those regulations.''