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Repatriation Act 1920

Act No. 6 of 1920 as amended, taking into account amendments up to Act No. 56 of 1975
Administered by: Veterans' Affairs
Registered 07 Dec 2009
Start Date 01 Jul 1975
End Date 22 May 1986
Date of repeal 22 May 1986
Repealed by Veterans' Entitlements Act 1986

REPATRIATION ACT 1920 - Incorporating all amendments by legislation made to 1
January 1981 (to the extent that the legislation has come into operation by
that date)
- Reprinted as at 1 January 1981 (HISTACT CHAP 157 #DATE 01:01:1981)

*1* The Repatriation Act 1920 (a) as shown in this reprint comprises Act No. 6, 1920 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Australian
Soldiers'
Repatriation Act
1920 6, 1920 19 May 1920 1 July 1920 (see
Gazette 1920, p.
909)
Australian
Soldiers'
Repatriation Act
1921 34, 1921 17 Dec 1921 17 Dec 1921 -
Australian
Soldiers'
Repatriation Act
1922 23, 1922 18 Oct 1922 S. 2: 1 July 1920
(see s. 2 (2) and
Gazette 1920, p.
909)
Remainder: Royal
Assent -
Australian
Soldiers'
Repatriation Act
1929 14, 1929 25 Mar 1929 1 June 1929 (see
Gazette 1929, p.
1317) -
Australian
Soldiers'
Repatriation Act
1930 74, 1930 16 Dec 1930 1 June 1929 -
Financial Emergency
Acts 1931 (b) 10, 1931 17 July 1931 Ss. 1-4: Royal
Assent
Remainder: 20 July
1931
(see Gazette 1931,
p. 1195) Ss. 4 and
41-43
47, 1931 4 Nov 1931 4 Nov 1931 -
Australian
Soldiers'
Repatriation Act
1934 32, 1934 4 Aug 1934 S. 9: 30 Oct 1933
Remainder: Royal
Assent (c) -
Australian
Soldiers'
Repatriation Act
1935 58, 1935 6 Dec 1935 Ss. 27 and 28: 1
Jan 1935
Remainder: 1 Jan
1936 -
Financial Relief
Act (No. 2) 1936
(b) 29, 1936 21 Sept 1936 21 Sept 1936 S. 23
Australian
Soldiers'
Repatriation Act
1936 67, 1936 3 Dec 1936 Ss. 8 and 45AGA
(1) inserted by s.
9: 1 Jan 1936
Remainder: Royal
Assent -
Australian
Soldiers'
Repatriation Act
1937 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 24, 1937 16 Sept 1937 16 Sept 1937 -
Australian
Soldiers'
Repatriation Act
(No. 3) 1937 42, 1937 13 Dec 1937 1 Jan 1938 (see
Gazette 1937, p.
2347) S. 5
Australian
Soldiers'
Repatriation Act
1938 55, 1938 10 Dec 1938 7 Jan 1939 S. 4
Australian
Soldiers'
Repatriation Act
1940 37, 1940 4 June 1940 S. 15: 1 July 1940
Remainder: 3 Sept
1939 -
Australian
Soldiers'
Repatriation Act
(No. 2) 1940 96, 1940 17 Dec 1940 2 Jan 1941 -
Australian
Soldiers'
Repatriation Act
1941 49, 1941 3 Dec 1941 Ss. 3-6: 18 Dec
1941
S. 7: 1 Nov 1941
Remainder: Royal
Assent (d) -
Australian
Soldiers'
Repatriation Act
1943 22, 1943 1 Apr 1943 Ss. 30 (a) (to the
extent to which it
relates to a
service pension to
a member of the
Forces), 33,
46-49: 6 May 1943
(see Gazette 1943,
p. 838)
S. 39: 3 Sept 1939
Remainder: Royal
Assent Ss. 45 (2),
46 (2), 50
and 51 (2)
Re-establishment
and Employment Act
1945 11, 1945 28 June 1945 27 Aug 1945 (see
Gazette 1945, p.
1859) -
Australian
Soldiers'
Repatriation Act
1946 49, 1946 15 Aug 1946 15 Aug 1946 -
Commonwealth Public
Service Act 1947 1, 1947 14 Mar 1947 14 Mar 1947 -
Australian
Soldiers'
Repatriation Act
1947 29, 1947 11 June 1947 10 July 1947 S. 4 (2)
Australian
Soldiers'
Repatriation Act
(No. 2) 1947 74, 1947 5 Dec 1947 5 Dec 1947 -
Australian
Soldiers'
Repatriation Act
1948 39, 1948 22 Oct 1948 S. 9: 3 Jan 1949
(see Gazette 1948,
p. 4323)
Remainder: Royal
Assent Ss. 14 and 15 Australian
Soldiers'
Repatriation Act
1949 38, 1949 18 July 1949 7 July 1949 -
Australian
Soldiers'
Repatriation Act
1950 34, 1950 12 Dec 1950 Ss. 3 and 48: 27
June 1950
Ss. 6 and 8-11: 21
June 1951 (see
Gazette 1951, p.
1482)
Remainder: Royal
Assent (e) Ss. 27 (2)
and 60-62
Statute Law
Revision Act 1950 80, 1950 16 Dec 1950 31 Dec 1950 Ss. 16 and 17 Repatriation Act
1951 31, 1951 21 Nov 1951 21 Nov 1951 S. 12
Repatriation Act
1952 58, 1952 2 Oct 1952 2 Oct 1952 Ss. 21-23
Repatriation Act
1953 69, 1953 28 Oct 1953 28 Oct 1953 (f) Ss. 3 (2), 22 (2), 27 and
28
Repatriation Act
1954 31, 1954 6 Oct 1954 6 Oct 1954 Ss. 6 (2), 18 and 19
Repatriation Act
1955 39, 1955 19 Oct 1955 19 Oct 1955 S. 28
Repatriation Act
1956 68, 1956 5 Oct 1956 5 Oct 1956 Ss. 15
(2)-(4) and
17
Repatriation Act
(No. 2) 1956 97, 1956 15 Nov 1956 1 Sept 1957 (see
s. 2 and Gazette
1957, p. 2631) -
Repatriation Act
1957 44, 1957 15 Oct 1957 15 Oct 1957 Ss. 3 (2) and (3) and 7
Repatriation Act
1958 47, 1958 30 Sept 1958 Ss. 1, 2, 5, 9,
13, 16 and 18-22:
Royal Assent
Remainder: 15 Oct
1958 (see s. 2 and
Gazette 1958, p.
3383) S. 22
Repatriation Act
1959 58, 1959 30 Sept 1959 30 Sept 1959 Ss. 11 and 12 Repatriation Act
1960 44, 1960 27 Sept 1960 Ss. 3-6: 1 Mar
1961 (see Gazette
1961, p. 606)
Remainder: Royal
Assent S. 10
Repatriation Act
1961 46, 1961 27 Sept 1961
S. 8: 29 Sept 1960
Remainder: Royal
Assent Ss. 13 and 14 Repatriation Act
1962 75, 1962 10 Dec 1962 10 Dec 1962 -
Repatriation Act
(No. 2) 1962 91, 1962 14 Dec 1962 28 May 1963 (see
s. 2 and Gazette
1963, p. 1869) -
Repatriation Act
1963 47, 1963 25 Sept 1963 25 Sept 1963 (g) Ss. 5 (2), 6
(2), 24 (2)
and 26
Repatriation Act
1964 62, 1964 23 Sept 1964 23 Sept 1964 S. 8
Repatriation Act
(No. 2) 1964 105, 1964 20 Nov 1964 20 Nov 1964 (h) S. 19 (2)
Repatriation Act
1965 64, 1965 6 Oct 1965 6 Oct 1965 S. 14
Repatriation Act
1966 42, 1966 30 Sept 1966 30 Sept 1966 S. 13
Repatriation Act
1967 64, 1967 10 Oct 1967 10 Oct 1967 S. 4
Repatriation Act
1968 66, 1968 27 Sept 1968 27 Sept 1968 S. 17
Salaries Act 1968
(j) 120, 1968 2 Dec 1968 2 Dec 1968 (k) -
Repatriation Act
1969 95, 1969 27 Sept 1969 27 Sept 1969 Ss. 10 and 11 Repatriation Act
1970 4, 1970 24 Mar 1970 24 Mar 1970 S. 6
Repatriation Act
(No. 2) 1970 60, 1970 28 Sept 1970 28 Sept 1970 S. 10
Repatriation Act
1971 17, 1971 7 Apr 1971 1 Apr 1971 S. 9
Repatriation Act
(No. 2) 1971 68, 1971 29 Sept 1971 29 Sept 1971 S. 8
Repatriation Act
1972 15, 1972 24 Apr 1972 24 Apr 1972 Ss. 9 and 10
Repatriation Act
(No. 2) 1972 82, 1972 27 Sept 1972 27 Sept 1972 Ss. 13 (2)
and (3), 24
and 25
Repatriation
(Torres Strait
Islanders) Act 1972 139, 1972 2 Nov 1972 2 Nov 1972 (see s.
2) S. 15 (2)
Repatriation Act
1973 2, 1973 16 Mar 1973 16 Mar 1973 (l) Ss. 4 (2), 5
(2), 9 (2)
and 24
Repatriation Act
(No. 2) 1973 27, 1973 8 May 1973 8 May 1973 S. 10
Repatriation Act
(No. 3) 1973 104, 1973
26 Sept 1973 26 Sept 1973 Ss. 19 (2),
22 (2) and
29-31
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Repatriation Act
1974 3, 1974 22 Mar 1974 22 Mar 1974 Ss. 3 (2), 4
(2), 5 (2), 6 (2) and 15
Repatriation Act
(No. 2) 1974 24, 1974 31 July 1974 31 July 1974 S. 5
Repatriation Acts
Amendment Act 1974 90, 1974 31 Oct 1974 S. 6: 4 June 1975
(see Gazette 1975,
No. S102, p. 1)
Remainder: Royal
Assent Ss. 8 (2), 15 (2), 23 and
24
Repatriation Acts
Amendment Act 1975 35, 1975 19 May 1975 19 May 1975(m) Ss. 13 and 14 Postal and
Telecommunications
Commissions
(Transitional
Provisions) Act
1975 56, 1975 12 June 1975 Ss. 4 and 38: 1


*2* All the sections, other than sections 1 to 12, of the Australian Soldiers' Repatriation Act 1920, 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 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 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 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.

REPATRIATION ACT 1920 - TABLE OF PROVISIONS

TABLE

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

8A. Appointment of Secretary as Chairman of the Commission

8B. Appointment to act as Chairman and Secretary

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. Boards to consult and co-operate with Commission

15A. Variation of constitution of Board

15B. Remuneration and allowances of members of Repatriation Boards

15C. Acting members of Boards

15D. Meetings of Repatriation Boards

16. Suspension and removal of Commissioner or Acting Commissioner

17. Suspension and removal of member or acting member of Board

17A. Delegation by Minister

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. Death or mental affliction of claimant

24AA. Claim for pension to be in accordance with an approved form

24AB. Investigation of claims, &c.

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

35AAA. Variation of rate 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. (Repealed)

38. Reinstatement of commuted pension

39. Pensions 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

40AB. Notifications under section 40AA to be referred to Commission or a Board

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 upon 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. Hearing and determination of claims, &c.

47A. Reasons for decision of Commission or Board to be included in
decision, &c.

47B. No action for making statements in proceedings, &c.

48. Medical reports

49. Pension of member afflicted with lunacy

50. Double pensions

51. Appropriation for pensions, &c.

52. Pension absolutely inalienable

53. Offences

54. Extension of Act to British reservists, &c.


Divisions 2-4 (sections 55-82) (Repealed)


Division 5-Service Pensions


83. Interpretation

84. Grant of service pension

85. Service 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 income

88-90. (Repealed)

91. Disposal of income

92. Right to be paid service pension outside Australia

93. Payment of service pensions

94. Pension to widow and children of service pensioner

95. Service pensioner in a public institution

96. Receipt of income to be notified

96A. Persons resident in Papua New Guinea

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

98B. On death of married person, widow, widower or children to receive
certain benefits for 12 weeks


Division 5A-Extension of Application of Provisions of Division 5
to certain Members of the Forces of a Commonwealth Country


98C. Extension of application of Division 5 to members of Forces of a
Commonwealth country

98D. Interpretation

98E. Person not member of forces of Commonwealth country


Division 5B-Extension of Application of Provisions of Division 5
to Certain Members of the Forces of an Allied Country


98F. Date of commencement of service pension

98G. Extension of application of Division 5 to members of Forces of an
allied country

98H. Interpretation

98J. Person not member of Forces of allied country


Division 6-Extension of Application of Provisions of
Divisions 1 and 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 and 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
and 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
and 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
Division 1 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. Interpretation

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 IIIA-REPATRIATION REVIEW TRIBUNAL


Division 1-Preliminary


107VA. Interpretation


Division 2-Establishment of the Repatriation Review Tribunal


107VB. Establishment of Repatriation Review Tribunal


Division 3-Review by the Tribunal of Decisions


107VC. Review of decisions refusing entitlement to pension, other than
service pension

107VD. Review of pension assessments other than service pension
assessments

107VE. Review of certain decisions refusing application for service
pension under section 85

107VF. Application for review

107VG. Tribunal not bound by technicalities, &c.

107VH. Decision of Tribunal

107VJ. Further evidence relating to incapacity

107VK. Reasons for decision of Tribunal to be included in decision, &c.


Division 4-Review or Reconsideration by the Commission


107VL. Review by Commission of decision the subject of application for
review by Tribunal

107VM. Further evidence after adverse decision of Tribunal on application under section 107VC


Division 5-Organization of the Tribunal


107VN. Constitution of Tribunal for exercise of powers

107VP. President responsible for arrangement of business

107VQ. Members to constitute Tribunal

107VR. Member ceasing to be member, &c.

107VS. Places of sitting


Division 6-Proceedings before the Tribunal


107VT. Presidential member to preside at hearing

107VU. Parties to proceeding before Tribunal

107VV. Procedure of Tribunal

107VW. Questions to be decided by majority of Tribunal

107VX. Hearings to be in private except in special circumstances

107VY. Powers of Tribunal

107VZ. Request to Secretary for documents, &c.

107VZA. Information may be made available to applicant

107VZB. Rehearing of proceeding of Tribunal on application under section

107VC

107VZC. Effect of decision of Tribunal on application under section 107VD

107VZD. Rehearing of proceeding by Tribunal

107VZE. Dismissal of application by consent


Division 7-Date of Operation of Decisions of the Tribunal and
Certain Decisions of the Commission


107VZF. Date of operation may be specified

107VZG. Limits of retrospective operation


Division 8-Membership of the Tribunal


107VZH. Appointment of members to Tribunal

107VZJ. Qualifications for appointment of President and Deputy Presidents

107VZK. Term of appointment

107VZL. Remuneration and allowances of members

107VZM. Acting members

107VZN. Leave of absence

107VZP. Resignation

107VZQ. Removal from office

107VZR. Application of Superannuation Act and Officers' Rights Declaration Act


Division 9-Miscellaneous


107VZS. Delegation

107VZT. Protection of members and witnesses

107VZU. Failure of witness to attend

107VZV. Refusal to be sworn or to answer questions

107VZW. Contempt of Tribunal

107VZX. Payments of expenses and allowances in respect of attendances

107VZY. Fees for witnesses

107VZZ. Staff to assist President

107VZZA. Annual report


PART IIIB-REVIEW OF DECISIONS OF COMMISSION BY
ADMINISTRATIVE APPEALS TRIBUNAL


107VZZB. Reference of decisions to Administrative Appeals Tribunal

107VZZC. Constitution of Administrative Appeals Tribunal

107VZZD. Additional powers of Administrative Appeals Tribunal

107VZZE. Reference to decisions of Repatriation Review Tribunal to be read
as including reference to decisions of Administrative Appeals
Tribunal, &c.

107VZZF. Effect of decision of Administrative Appeals Tribunal on
proceeding before Repatriation Review Tribunal


PART IIIC-REFERENCES AND APPEALS FROM THE REPATRIATION
REVIEW TRIBUNAL TO THE FEDERAL COURT


107VZZG. Reference of questions of law to Federal Court of Australia

107VZZH. Appeal to Federal Court of Australia from decisions of the
Tribunal

107VZZJ. Documents to be sent to Federal Court of Australia

107VZZK. Costs in connection with references and appeals to the Federal
Court of Australia

107VZZL. Legal assistance


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 overpayments

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

123AB. Prescribed persons

123AC. Address of Secretary for forwarding claims, &c.

123B. Interpretation

124. Regulations


SCHEDULE 1


General Pensions Rates


SCHEDULE 2


Rate for Special Pensions $203.80 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

REPATRIATION ACT 1920 - LONG TITLE

SECT

An Act to make provision for the Repatriation of Australian Soldiers and for other purposes

REPATRIATION ACT 1920 - SECT. 1.
Short title

SECT

PART I-PRELIMINARY

1. This Act may be cited as the Repatriation Act 1920.*1*

See notes to first article of this Chapter.

REPATRIATION ACT 1920 - SECT. 2.
Commencement

SECT

2. This Act shall commence on a day to be fixed by Proclamation.*1*

Section 3 repealed by No. 216, 1973, s. 3; section 4 repealed by No. 104, 1973, s. 3
* * * * * * * *
See notes to first article of this Chapter.

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

Substituted by No. 34, 1950, s. 4; amended by No. 216, 1973, s. 3

SECT

5. This Act extends to the Territories.


REPATRIATION ACT 1920 - SECT. 6.
Interpretation

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; No. 216, 1973, s. 3;No. 56, 1977, s. 4; No. 129, 1978, s. 4; No. 18, 1979, s. 4

SECT

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;

"Department" means the Department of Veterans' Affairs;

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

"organization representing returned soldiers" means-

(a) an organization representing persons who are members of the Forces as defined by section 23, 100 or 107B; or

(b) an organization representing persons who are members of the Forces as defined by section 105 or 107F,

and includes an organization representing persons who were dependants of deceased members of the Forces, as defined by section 23, 100, 105, 107B or 107F, at the time of the deaths of those members;

"Secretary "means the Secretary to the Department;

"Tribunal" means the Repatriation Review Tribunal established by section 107VB.


Added by No. 90, 1974, s. 4

SECT

(2) For the purposes of this Act, a person residing in Papua New Guinea immediately before it becomes an independent sovereign state shall, until he ceases so to reside, be deemed to be resident in Australia.


Added by No. 18, 1979, s. 4

SECT

(3) In this Act-

(a) a reference to a period of 3 months after the service on a person, in accordance with section 47A, of a copy of a decision of the Commission or a Board;

(b) a reference to a period of 3 months after the service on a person, in accordance with section 107VK, of a copy of a decision of the Tribunal; or

(c) a reference to a period of 3 months after the service on a person, in accordance with sub-section (3) of section 43 of the Administrative Appeals Tribunal Act 1975, of a copy of a decision of the Administrative Appeals Tribunal,

shall, in relation to a person who was at any time during that period of 3 months a resident of the Torres Strait Islands, be read as including a further period of 3 months commencing on the expiration of that first period of 3 months.


REPATRIATION ACT 1920 - 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

SECT

(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 - SECT. 8.
Members of Commission

Sub-section (1) amended by No. 22, 1943, s. 6

SECT

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

SECT

(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

SECT

(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

SECT

(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

SECT

(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

SECT

(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.


Added by No. 90, 1974, s. 5

SECT

(8) A question arising at a meeting of the Commission shall be decided by a majority of votes of members present and voting.


REPATRIATION ACT 1920 - SECT. 8A.
Appointment of Secretary as Chairman of the Commission

Inserted by No. 90, 1974, s. 6; amended by No. 91, 1976, s. 3; No. 56, 1977, s. 5

SECT

8A.*3* The person holding office under the Public Service Act 1922-1974 as Secretary to the Department of Veterans' Affairs may be appointed as chairman of the Commission while retaining his office as Secretary to that Department and, in that event-
(a) he shall perform his duties as chairman of the Commission concurrently with his performance of his duties as Secretary to that Department;
(b) he shall cease to hold office as chairman of the Commission if he ceases to hold office as Secretary to that Department;
(c) he shall not be paid remuneration or allowances in his capacity as chairman of the Commission, but, for the purpose of the payment of allowances to him, his duties as Secretary to that Department shall be deemed to include his duties as chairman of the Commission;
(d) the performance by him of his duties as Secretary to that Department shall not be taken to involve absence for the purpose of performing the duties of another office as referred to in sub-section (4) of section 8; and
(e) subject to this section, the provisions of this Act other than the provisions of sections 9 and 21 apply to and in relation to him as chairman of the Commission. *3* Sections 8A, 21 and 63 are amended by section 42 of the Public Service Amendment Act 1978. Sub-section 2(2) of that Act provides that section 42 shall come into operation on a date to be fixed by Proclamation. As at 1 January 1981 no date was fixed for the commencement of section 42, and the amendmentsmade by it are not incorporated in this reprint. Section 42 is set out in the extract from the Public Service Amendment Act 1978 below.

REPATRIATION ACT 1920 - SECT. 8B.
Appointment to act as Chairman and Secretary

Inserted by No. 111, 1975, s. 4 Sub-section (1) amended by No. 91, 1976, s. 3; No.56, 1977, s. 6

SECT

8B. (1) This section relates to both of the following offices:

(a) the office of Chairman of the Commission;

(b) the office under the Public Service Act 1922-1975 of Secretary to the Department of Veterans' Affairs.


(2) Where-

(a) one person occupies both the offices to which this section relates and that person is, or is about to be, absent or not available to perform the functions of those offices; or

(b) both the offices to which this section relates are vacant,

the Governor-General may appoint a member of the Commission-

(c) to act in the place of the person referred to in paragraph (a), in his capacity as the holder of each of the offices to which this section applies, while that person is absent or not available to perform the functions of those offices; or

(d) to act in each of those offices until the filling of the vacancy in either office,

and a member so appointed may perform the functions and exercise the powers, and shall perform the duties, appertaining, whether under this Act or any other Act, to each of those offices in accordance with his appointment.


(3) Subject to this section, a person appointed under sub-section (2) holds office on such terms and conditions as the Governor-General determines.


Amended by No. 91, 1976, s. 3; No. 56, 1977, s. 6

SECT

(4) A person appointed under sub-section (2)-

(a) shall, in his capacity as a person appointed to act as Secretary to the Department of Veterans' Affairs, be paid such remuneration and allowances as the Governor-General determines; and

(b) shall not be paid remuneration or allowances in his capacity as a person appointed to act as Chairman of the Commission but, for the purpose of the payment of allowances to him under paragraph (a), the duties appertaining to the office of Secretary to the Department of Veterans' Affairs shall be deemed to include the duties appertaining to the office of Chairman of the Commission.


(5) An appointment under sub-section (2) by reason of a vacancy in an office to which this section relates shall not be made, or continue to have effect, after the expiration of a period of 6 months from the date of the occurrence of the vacancy.


(6) The Governor-General may, at any time, terminate an appointment made under sub-section (2).


(7) A person appointed under sub-section (2) shall, while acting in accordance with that appointment, be deemed, for the purposes of sub-section (4) of section 8, to be absent for the purpose of performing the duties of another office.


(8) The validity of an act done by a person appointed under sub-section (2) shall not be questioned in any proceedings on the ground that the occasion for his appointment had not arisen or that the appointment (not being an appointment to a vacant office) had ceased to have effect.


(9) This section does not affect the operation of section 54 of the Public Service Act 1922-1975.


REPATRIATION ACT 1920 - SECT. 9.
Remuneration of Commissioners

Substituted by No. 3, 1974, s. 3

SECT

9. (1) A member of the Commission shall be paid such remuneration as is determined by the Remuneration Tribunal.


(2) Subject to the Remuneration Tribunal Act 1973, a member of the Commission shall be paid such allowances as are prescribed.


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

Sub-section (1) amended by No. 216, 1973, s. 3

SECT

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

SECT

(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 sub-section.


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

Sub-section (1) amended by No. 68, 1956, s. 3

SECT

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; No. 42, 1966, s. 12

SECT

(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 - 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 - SECT. 14.
Repatriation Boards

Substituted by No. 56, 1977, s. 7

SECT

14. (1) The Governor-General may, by instrument in writing, establish such number of Repatriation Boards as appears to him to be required, from time to time, for the purposes of this Act.


(2) A Repatriation Board shall consist of a Chairman, a Services member, who shall be selected from a list submitted in accordance with a request made under sub-section (4), and a third member.


(3) The members of Repatriation Boards shall be appointed by the Governor-General on the recommendation of the Commission.


(4) The Commission may, from time to time, request organizations representing returned soldiers throughout Australia to submit to the Commission lists of names of persons from which the organization concerned recommends that a selection be made of persons to serve as Services members of Repatriation Boards.


(5) A member of a Repatriation Board may be appointed as a full-time member or as a part-time member.


(6) A member of a Repatriation Board shall be appointed for such period, not exceeding 3 years, as the Governor-General specifies in the instrument of appointment, and on such terms and conditions as the Governor-General determines, and is eligible for re-appointment.


(7) A person who has attained the age of 65 years shall not be appointed or re-appointed as a member of a Repatriation Board, and a person shall not be appointed or re-appointed as such a member for a period that extends beyond the date on which he will attain the age of 65 years.


REPATRIATION ACT 1920 - SECT. 15.
Boards to consult and co-operate with Commission

Substituted by No. 56, 1977, s. 7

SECT

15. (1) In the performance of its functions under this Act, a Board shall consult and co-operate with the Commission.


Amended by No. 18, 1979, s. 5

SECT

(2) The Commission may make available to Boards-

(a) statements of principles applied by the Commission in deciding appeals under section 28 and in conducting reviews under section 31;

(b) statements of principles governing decisions of the Repatriation Review Tribunal, being principles deduced by the Commission from-

(i) statements of reasons for decisions of that Tribunal prepared in accordance with sub-section (1) of section 107VK; or

(ii) statements of reasons for decisions of the Administrative Appeals Tribunal on reviews in accordance with directions under sub-section (8) of section 107VZZB of this Act prepared in accordance with sub-section (2) of section 43 of the Administrative Appeals Tribunal Act 1975; and

(c) such other material as the Commission considers may be of assistance to Boards in the exercise of their powers or the performance of their functions under this Act.


(3) The Minister may give a direction to a Board, or to Boards generally, for the purpose of facilitating, ensuring or requiring consultation or co-operation by that Board, or by Boards generally, with the Commission with respect to a matter or matters specified in the direction.


(4) Where the Minister gives a direction under sub-section (3), he shall furnish to the Commission a copy of that direction and the Commission shall set out the terms of that direction in its next report under section 122.


(5) Nothing in this section authorizes the Minister or the Commission to direct a Board with respect to its consideration or determination of a particular claim or application.


REPATRIATION ACT 1920 - SECT. 15A.
Variation of constitution of Board

Inserted by No. 56, 1977, s. 7

SECT

15A. (1) The Minister may, on the recommendation of the Commission, by writing signed by him, direct that the constitution of a Board may, during a specified period, be varied in one or more of the following ways:

(a) the Chairman shall be a person specified in the direction, being a person who is the Chairman of another Board;

(b) the Services member shall be a person specified in the direction, being a person who is the Services member of another Board;

(c) the third member shall be a person specified in the direction, being a person who is the third member of another Board.


(2) The Minister shall cause a direction under sub-section (1) to be served on each member of a Board who is specified in the direction.


(3) Where a direction under sub-section (1) is served on a member of a Board in accordance with sub-section (2), the member shall, in accordance with the direction, serve as a member of the Board to which the direction relates, and that service shall, for the purposes of his entitlement to remuneration and allowances, be deemed to be service with the Board of which he is a member.


REPATRIATION ACT 1920 - SECT. 15B.
Remuneration and allowances of members of Repatriation Boards

Inserted by No. 56, 1977, s. 7

SECT

15B. (1) A member of a Board shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.


(2) A member of a Board shall be paid such allowances as are prescribed.


(3) This section has effect subject to the Remuneration Tribunals Act 1973.


REPATRIATION ACT 1920 - SECT. 15C.
Acting members of Boards

Inserted by No. 56, 1977, s. 7

SECT

15C. (1) Where-

(a) there is a vacancy in the office of a member of a Board; or

(b) a member of a Board, being a full-time member, is absent from duty or from Australia or is suspended from office, or, being a part-time member, is unable, whether on account of illness or otherwise, to perform the duties of his office or is suspended from office,

the Minister may, upon the recommendation of the Commission, appoint a person to act in the vacant office or in the place of that member, as the case may be, until the filling of the vacancy or during the period during which that member is absent or is suspended or is unable to perform the duties of his office, as the case may be.


(2) A person appointed under sub-section (1) to act in a vacant office or in the place of a member of a Board has all the functions, powers and duties that he would have if he were the holder of the vacant office or all the functions, powers and duties of the member in whose place he is acting, as the case may be.


(3) The Minister may-

(a) subject to this Act and having regard to the terms and conditions of appointment applicable to members of Boards, determine terms and conditions of appointment (including remuneration and allowances) of a person appointed under this section; and

(b) at any time, terminate such an appointment.


(4) A person appointed under sub-section (1) to act in a vacant office shall not continue so to act after the expiration of a period of 12 months after the occurrence of the vacancy.


(5) The validity of a decision of a Board shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment of a person under this section had ceased to have effect.


REPATRIATION ACT 1920 - SECT. 15D.
Meetings of Repatriation Boards

Inserted by No. 56, 1977, s. 7

SECT

15D. (1) At a meeting of a Board, 2 members form a quorum.


(2) The Chairman shall preside at any meeting of a Board at which he is present and, in the absence of the Chairman from a meeting, the members present shall choose one of their number to preside at that meeting.


(3) Any question that arises at a meeting of a Board, shall be decided by a majority of votes of members present and voting.


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

Sub-section (1) amended by No. 22, 1943, s. 9; No. 34, 1950, s. 8

SECT

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

SECT

(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

SECT

(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

SECT

(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

SECT

(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 - 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

SECT

(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

SECT

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

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

(b) direct 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

SECT

(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 - SECT. 17A.
Delegation by Minister

Inserted by No. 18, 1979, s. 6

SECT

17A. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act other than this power of delegation.


(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.


(3) A delegation under this section does not prevent the exercise of a power by the Minister.


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

Sub-section (1) substituted by No. 22, 1943, s. 10; amended by No. 34, 1950, s. 9

SECT

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

SECT

(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; No. 216, 1973, s. 3

SECT

(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;

(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; No. 42, 1966, s. 12

SECT

(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 - SECT. 19.
Uncertificated insolvent not to be Commissioner, Acting Commissioner or
member of Board

Amended by No. 22, 1943, s. 11; No. 34, 1950, s. 10; No. 216, 1973, s. 3

SECT

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 - 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 - SECT. 21.

Sub-section (1) amended by No. 22, 1943, s. 12; No. 34, 1950, s. 11; No. 216, 1973, s. 3; No. 56, 1977, s. 8

SECT

21. (1)*3* 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, whether the Board to which he is appointed or another 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, whether the Board to which he is appointed or another 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
*4* * * * * * * *

Section 22 repealed by No. 1, 1947, s. 4
*4* * * * * * * *
*3* Sections 8A, 21 and 63 are amended by section 42 of the Public Service Amendment Act 1978. Sub-section 2(2) of that Act provides that section 42 shall come into operation on a date to be fixed by Proclamation. As at 1 January 1981 no date was fixed for the commencement of section 42, and the amendments made by it are not incorporated in this reprint. Section 42 is set out in the extract from the Public Service Amendment Act 1978 below.

*4* Sections 21(2) and 22 provided for the appointment of officers of the Repatriation Commission; see Division 9C of Part III of the Public Service Act 1922.

REPATRIATION ACT 1920 - SECT. 23.
Interpretation

SECT

PART III-PENSIONS

Division 1-Grant of Pensions

Division heading inserted by No. 14, 1929, s. 4 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; No. 27, 1973, s. 9; No. 18, 1979, s. 7; No. 124, 1979, s. 4

SECT

23. In this Part, unless the contrary intention appears-

"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;

* * * * * * *

SECT


(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 (including that Division as extended by Division 5A or 5B);

"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 - SECT. 24.
Pensions upon death or incapacity

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; No. 105, 1964, s. 4

SECT

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; No. 34, 1950, s. 13

SECT

(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

SECT

(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 - SECT. 24A.
Death or mental affliction of claimant

Substituted by No. 18, 1979, s. 8

SECT

24A. (1) On the death of a claimant, 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 a representative of the claimant may, for any purpose in connection with the claim of the claimant, in respect of any period before the death of the claimant, take such action as the claimant could have taken if he had not died and, for that purpose, the legal personal representative, or the person so approved as the representative, of the claimant shall be treated as if he were the claimant.


(2) A person approved by the Commission as the representative of a member of the Forces, or a dependant of a member of the Forces, who is mentally afflicted may-

(a) lodge a claim on behalf of the afflicted person and, for any purpose in connection with that claim, take such action as the afflicted person could have taken if he were not mentally afflicted; or

(b) for any purpose in connection with a claim lodged by the afflicted person, take such action as the afflicted person could have taken if he had not become mentally afflicted,

and, for that purpose, the representative shall be treated as if he were the afflicted person.


(3) In this section, "claim" means a claim for a pension, and includes an application under Part IIIA for a review of a decision of the Commission or a Board, and "claimant" has a corresponding meaning.


REPATRIATION ACT 1920 - SECT. 24AA.
Claim for pension to be in accordance with an approved form

Inserted by No. 56, 1977, s. 9 Sub-section (1) amended by No. 124, 1979, s. 5

SECT

24AA. (1) A claim for pension-

(a) shall be in accordance with an approved form; and

(b) shall be accompanied by such evidence available to the claimant as he considers may support the claim.


(2) Sub-section (1) shall not be taken as imposing any onus of proof on a claimant.


(3) A claim for pension shall be forwarded to the Secretary at the appropriate address prescribed by or under section 123AC.


(4) In this section-

"approved form" means a form approved by the Commission;

"pension" does not include a service pension.


REPATRIATION ACT 1920 - SECT. 24AB.
Investigation of claims, &c.

Inserted by No. 56, 1977, s. 9

SECT

24AB. (1) Where a claim for pension is lodged with the Department, the Secretary shall cause an investigation to be made into the matters to which the claim relates.


(2) Subject to any direction of the Commission under sub-section (2) of section 27, the Secretary shall, after completion of an investigation under sub-section (1) in relation to a claim, cause the claim to be sub-mitted to a Board for its consideration and determination.


(3) A claim submitted to a Board or to the Commission for its consideration and determination shall be accompanied by-

(a) any evidence furnished by the claimant in support of the claim; and

(b) all the records and other documents relevant to the claim that are under the control of the Department, together with a report of the results of the investigation in relation to the claim carried out under sub-section (1).


REPATRIATION ACT 1920 - 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

SECT

(2) The persons for the time being holding office as Special Magistrates under the Social Services Consolidation Act 1947-19505 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

SECT

(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 - 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

SECT

(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

SECT

(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

SECT

(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

SECT

(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

SECT

(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

SECT

(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 - SECT. 27.
Duties of Boards

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; No. 27, 1973, s. 9; No. 129, 1978, s. 5

SECT

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;

* * * * * * * *

SECT


(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; and

* * * * * * * *

SECT


(j) determining whether a member of the Forces is permanently unemployable.


Substituted by No. 58, 1935, s. 6

SECT

(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 - 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 - SECT. 29.
Date of operation of determination of Commission on appeal

Inserted by No. 10, 1931, s. 46 Sub-section (1) amended by No. 22, 1943, s. 17; No. 75, 1962, s. 3; No. 47, 1963, s. 3; No. 18, 1979, s. 9

SECT

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 service on the claimant, in accordance with section 47A, of a copy 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.


Sub-section (2) omitted by No. 18, 1979, s. 9
* * * * * * * *

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

Inserted by No. 10, 1931, s. 46 Sub-section (1) amended by No. 32, 1934, s. 4; No. 22, 1943, s. 18

SECT

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; No. 22, 1943, s. 18

SECT

(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 - SECT. 31.
Review by Commission

Sub-section (1) amended by No. 58, 1935, s. 7; No. 34, 1950, s. 17; No. 18, 1979, s. 10

SECT

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 (other than a service pension) the Commission may review the assessment, decision or determination.


Added by No. 34, 1950, s. 17

SECT

(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.


Added by No. 18, 1979, s. 10

SECT

(3) This section-

(a) does not apply in relation to-

(i) a decision of the Repatriation Review Tribunal referred to in section 107VZB;

(ii) a decision of the Administrative Appeals Tribunal referred to in section 107VZB in its application by virtue of section 107VZZE;

(iii) a decision of the Repatriation Review Tribunal referred to in sub-section (1) of section 107VZC that is binding on the Commission by reason that the appropriate period specified in that sub-section has not expired; or

(iv) a decision of the Administrative Appeals Tribunal referred to in sub-section (1) of section 107VZC, in its application by virtue of section 107VZZE, that is binding on the Commission by reason that the appropriate period specified in that sub-section has not expired; and

(b) subject to section 107VJ and sub-section (2) of section 107VZC, does not apply in relation to an assessment made by a decision to which sub-paragraph (iii) or (iv) of paragraph (a) applies.


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

Amended by No. 32, 1934, s. 5; No. 58, 1935, s. 8; No. 34, 1950, s. 10

SECT

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 - SECT. 34.
Suspension and forfeiture of pension where pensioner imprisoned Substituted
by

No. 69, 1953, s. 8

SECT

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 - SECT. 35.
Rates of pension

Sub-section (1) substituted by No. 58, 1952, s. 5; amended by No. 82, 1972, s. 4; No. 27, 1973, s. 9; No. 104, 1973, s. 4; No. 112, 1976, s. 4

SECT

35. (1) Subject to section 35AA, the rates of pension payable under this Division and Divisions 6 to 10 (inclusive) are those specified in the Schedules.


Sub-sections (1A)-(1E) omitted by No. 58, 1952, s. 5
* * * * * * * *

Substituted by No. 58, 1935, s. 11

SECT

(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 - SECT. 35AAA.
Variation of rate of pension

Inserted by No. 112, 1976, s. 5 Sub-section (1) amended by No. 129, 1978, s. 6; No. 124, 1979, s. 6

SECT

35AAA. (1) In this section, unless the contrary intention appears-

"index number ", in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 6 State capital cities, published by the Statistician in respect of that quarter;

"relevant period" means the period of 6 months commencing on 1 May 1980, and each subsequent period of 6 months;

"relevant rate" means the rate specified in Column 2 of Schedule 1, the rate specified in Column 3 of that Schedule, the rate specified in paragraph 6 of that Schedule or the Rate for Special Pensions specified in Schedule 2;

"Statistician" means the Australian Statistician.


(2) Subject to sub-section (3), if at any time, whether before or after the commencement of this section, the Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by him in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.


(3) If at any time, whether before or after the commencement of this section, the Statistician has changed or changes the reference base for the consumer price index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.


(4) Where the factor ascertained, in relation to a relevant period, in accordance with sub-section (5) is greater than 1, this Act and any other Act that refers to this Act have effect as if for each relevant rate there were substituted, on the first day of that period-

(a) subject to paragraph (b)-a rate calculated by multiplying by that factor-

(i) in a case to which sub-paragraph (ii) does not apply-the relevant rate; or

(ii) if, by virtue of another application or several other applications of this section, this Act has had effect as if another rate were substituted, or other rates were successively substituted, for the relevant rate-the substituted rate or the last substituted rate, as the case may be; or

(b) where the rate so calculated (in this paragraph referred to as the "calculated rate ") is not a multiple of $0.10 per fortnight-a rate equal to-

(i) if the calculated rate exceeds the next lower rate that is such a multiple by $0.05 per fortnight or more-the next higher rate that is such a multiple; or

(ii) if the calculated rate exceeds the next lower rate that is such a multiple by less than $0.05 per fortnight-that next lower rate.


Amended by No. 129, 1978, s. 6; No. 124, 1979, s. 6

SECT

(5) The factor to be ascertained for the purposes of sub-section (4) in relation to a relevant period-

(a) is the number, calculated to 3 decimal places, ascertained by dividing-

(i) if the relevant period commences on 1 May-the index number for the last preceding December quarter; or

(ii) if the relevant period commences on 1 November-the index number for the last preceding June quarter,

by the highest index number in respect of a December or June quarter that preceded that quarter, not being a December or June quarter that occurred before the June quarter in the year 1979; or

(b) if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4-is the number so ascertained increased by 0.001.


(6) Where, by virtue of sub-section (4), this Act has effect as if there were substituted, on the first day of a relevant period, another rate (in this section called the "new special pension rate ") for the Rate for Special Pensions specified in Schedule 2 and another rate (in this sub-section called the "new general pension rate ") for the rate specified in Column 3 of Schedule 1, this Act and any other Act that refers to this Act also have effect as if, on that day, there were substituted for the rate specified in column 2 in each of the first 6 items of Schedule 5 a rate per fortnight equal to the difference between the new special pension rate and the new general pension rate.


(7) Where, by virtue of the application of this section, this Act has effect as if another rate were substituted for a relevant rate or for a rate specified in Column 2 of Schedule 5 on the first day of a relevant period, the substitution, in so far as it affects instalments of pensions, has effect in relation to every instalment of such a pension that falls due on or after the first day of that period.


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

Inserted by No. 82, 1972, s. 5

SECT

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; No. 104, 1973, s. 5

SECT

(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; No. 104, 1973, s. 5

SECT

(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 - SECT. 35A.
Pensions to dependants

Inserted by No. 80, 1950, s. 12

SECT

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

SECT

(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 - SECT. 35B.
Continuation of payment of certain war pensions after pensioner leaves
Australia

Inserted by No. 27, 1973, s. 3

SECT

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 - SECT. 36.
Payment of pensions

Inserted by No. 58, 1935, s. 11

SECT

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

SECT

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


Section 37 repealed by No. 129, 1978, s. 7
* * * * * * * *

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

Inserted by No. 58, 1935, s.13; amended by No. 27, 1973, s. 9

SECT

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 - SECT. 39.
Pensions payable for limited period in certain cases

Sub-section (1) amended by No. 10, 1931, s. 47; No. 34, 1950, s. 22; No. 82, 1972, s. 6

SECT

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

SECT

(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; No. 104, 1973, s. 7

SECT

(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 - SECT. 39A.
Pensions to spouses to cease upon dissolution of marriage

Inserted by No. 68, 1956, s. 4

SECT

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 - SECT. 40.
Pensions to female dependants to cease upon marriage or re-marriage

Amended by No. 10, 1931, s. 48

SECT

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 - SECT. 40AA.
Change of status of child to be notified

Inserted by No. 82, 1972, s. 7

SECT

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.


Amended by No. 56, 1977, s. 10

SECT

(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, give a notification accordingly to the Secretary at the appropriate address prescribed by or under section 123AC.


Amended by No. 56, 1977, s. 10

SECT

(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, give a notification accordingly to the Secretary at the appropriate address prescribed by or under section 123AC.


Penalty: Forty dollars.


REPATRIATION ACT 1920 - SECT. 40AB.
Notifications under section 40AA to be referred to Commission or a Board

Inserted by No. 56, 1977, s. 11

SECT

40AB. The Secretary shall cause to be referred to the Commission or to a Board every notification received by him under section 40AA.


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

Inserted by No. 34, 1950, s. 23 Sub-section (1) amended by No. 31, 1951, s. 3; No. 27, 1973, s. 9

SECT

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

SECT

(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 - SECT. 41.
Maximum pension payable to widowed mother

Substituted by No. 34, 1950, s. 24 Sub-section (1) amended by No. 104, 1973, s. 8

SECT

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 - SECT. 42.
Pensions to certain dependent females

Substituted by No. 34, 1950, s. 24 Sub-section (1) amended by No. 27, 1973, s. 9

SECT

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 - SECT. 43.
Termination of pension upon request or failure to draw pension

Substituted by No. 69, 1953, s. 9

SECT

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 - SECT. 44.
Pension to divorcee of member

Substituted by No. 34, 1950, s. 25; amended by No. 27, 1973, s. 9

SECT

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 - SECT. 45.
Pension payable to dependants on death of a member after termination of war
service

Substituted by No. 34, 1950, s. 25 Sub-section (1) substituted by No. 64, 1965, s. 3

SECT

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

SECT

(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

SECT

(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 - SECT. 46.
Pensions to dependants of certain deceased members

Substituted by No. 34, 1950, s. 25 Sub-section (1) amended by No. 68, 1956, s. 6; No. 27, 1973, s. 9; No. 104, 1973, s. 28

SECT

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

SECT

(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 - SECT. 47.
Hearing and determination of claims, &c.

Substituted by No. 56, 1977, s. 12 Sub-section (1) amended by No. 18, 1979, s. 11

SECT

47. (1) The Commission, or a Board, in hearing, considering, determining or deciding a claim or application, and the Commission, in hearing, considering or deciding an appeal-

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) shall act according to substantial justice and the merits and all the circumstances of the case, and, without limiting the generality of the foregoing, shall take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to-

(i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; or

(ii) an absence of, or a deficiency in, relevant official records, including an absence or deficiency resulting from the fact that an occurrence that happened during the service of a member of the Forces was not reported to the appropriate authorities.


Substituted by No. 18, 1979, s. 11

SECT

(2) The Commission or a Board shall grant a claim or application, and the Commission shall allow an appeal, unless it is satisfied, beyond reasonable doubt, that there are insufficient grounds for granting the claim or application or allowing the appeal, as the case may be.


REPATRIATION ACT 1920 - SECT. 47A.
Reasons for decision of Commission or Board to be included in decision, &c.

Substituted by No. 18, 1979, s. 12

SECT

47A. (1) Where, in a proceeding before the Commission or a Board, the Commission or the Board makes a decision relating, in whole or in part, to a prescribed matter, the Commission or the Board shall cause to be prepared a written record of the decision containing a statement of the reasons for the decision, so far as the decision relates to the prescribed matter, including any findings or fact in relation to the prescribed matter.


(2) Where the Commission or a Board makes a decision referred to in sub-section (1), the Commission or the Board-

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

(b) shall serve, or cause to be served, either personally or by post, a copy of the decision on the claimant or a person authorized by the claimant.


(3) In this section-

"claimant" includes an applicant and a person affected by a decision under review by the Commission under section 31;

"decision" includes a determination and an assessment;

"prescribed matter" means a matter referred to in paragraph (a), (d) or (j) of sub-section (1) of section 27.


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

Inserted by No. 104, 1973, s. 9; amended by No. 18, 1979, s. 13

SECT

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 service on a person, in accordance with section 47A, of a copy of a determination, decision or assessment.


REPATRIATION ACT 1920 - SECT. 48.
Medical reports

Inserted by No. 22, 1943, s. 21 Sub-section (1) amended by No. 34, 1950, s. 26

SECT

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;

* * * * * * * *

SECT


(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 practicable, the nature and extent of his doubt.


Amended by No. 34, 1950, s. 26; No. 56, 1977, s. 13; No. 18, 1979, s. 14

SECT

(3) The provisions of this section shall extend to every medical practitioner, whether an officer of the Department or not, who is required by the Commission, a Board, or the 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 - SECT. 49.
Pension of member afflicted with lunacy

Repealed by No. 32, 1934, s. 8; inserted by No. 55, 1938, s. 2
Sub-section (1) amended by No. 22, 1943, s. 52; No. 27, 1973, s. 9

SECT

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; No. 31, 1951, s. 4

SECT

(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

SECT

(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; No. 27, 1973, s. 9

SECT

(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; No. 27, 1973, s. 9

SECT

(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

SECT

(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

SECT

(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 - SECT. 50.
Double pensions

Substituted by No. 39, 1955, s. 5

SECT

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; No. 104, 1973, s. 10

SECT

(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 - SECT. 51.
Appropriation for pensions, &c.

Substituted by No. 90, 1974, s. 8; amended by No. 112, 1976, s. 6

SECT

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

(a) pensions and allowances under section 98A; and

(b) allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed by the regulations or by reference to this Act.


REPATRIATION ACT 1920 - SECT. 52.
Pension absolutely inalienable

Sub-section (1) amended by No. 47, 1958, s. 7; No. 27, 1973, s. 9; No. 216, 1973, s. 3

SECT

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

SECT

(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

SECT

(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 - SECT. 53.
Offences

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

SECT

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

SECT

(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
* * * * * * * *

SECT

(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; amended by No. 27, 1973, s. 9

SECT

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


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

Sub-section (1) amended by No. 58, 1959, s. 4

SECT

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

SECT

(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.


Divisions 2-4 (sections 55-82) repealed by No. 18, 1979, s. 15
* * * * * * * *

REPATRIATION ACT 1920 - SECT. 83.
Interpretation

SECT

Division 5-Service Pensions

Division 5 inserted by No. 58, 1935, s. 24 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; No. 216, 1973, s. 3; No. 3, 1974, s. 7; No. 35, 1975, s. 4; No. 112, 1976, s. 7; No. 129, 1978, s. 12; No. 129, 1980, s. 4

SECT

83. (1) In this Division, unless the contrary intention appears-

"Australia" includes the territories;

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

"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 but is under the age of twenty-five 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 man, means a woman who has lived with the man (in this Division referred to as her husband) as his wife on a permanent and bona fide domestic basis, although not legally married to him, for not less than 3 years immediately preceding the operation of any provision of this Division in relation to that woman or that man;

"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;

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

(d) a payment under Part V, VI, VIA, VIB, VII or VIIA of the Social Services Act 1947-1975 or a payment (other than a training allowance under sub-section (1) of section 135D) under Part VIII of that Act;

(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;

(ga) in the case of a member of-

(i) the Citizen Naval Forces;

(ii) the Naval Emergency Reserve Forces;

(iii) the Citizen Military Forces;

(iv) the Citizen Air Force;

(v) the Air Force Emergency Force; and

(vi) the Regular Army Emergency Reserve,

the pay and allowances paid to him as such a member (other than pay and allowances in respect of continuous full-time service) and, in the case of a member of a Force referred to in sub-paragraph (ii), (v) or (vi), any gratuity paid to him by reason of a calling out for continuous service of, or of part of, that Force;

(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;6

* * * * * * *

SECT


(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;

* * * * * * *

SECT

(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 or by way of any other allowance under the regulations that is prescribed for the purposes of this paragraph;

(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;

"married person" means a person in relation to whose income sub-section 87 (2) applies;

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

"Wife" includes a dependent female.


sub-section (2) omitted by No. 129, 1980, s. 4
* * * * * * * *

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; No. 27, 1973, ss. 4 and 9; No. 112, 1976, s. 7

SECT

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

* * * * * * * *

SECT


(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 income of a person shall be read as a reference to the income 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; sub-section (4) omitted by No.
124, 1979, s. 7
* * * * * * * *

Added by No. 90, 1974, s. 11

SECT

(5) For the purposes of this Division, a person resident in Papua New Guinea after it becomes an independent sovereign state, being the wife of a service pensioner who is, by virtue of sub-section (2) of section 6, to be deemed to be resident in Australia, shall be deemed to be resident in Australia.


Section 83A repealed by No. 112, 1976, s. 8
* * * * * * * *

REPATRIATION ACT 1920 - SECT. 84.
Grant of service pension

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; No. 27, 1973, s. 9

SECT

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; No. 124, 1979, s. 8

SECT

(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 the Commission or 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 Commission or the Board, as the case may be, 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; amended by No. 124, 1979, s. 8

SECT

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


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

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; No. 104, 1973, s. 13; No. 90, 1974, s. 12

SECT

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-the rate per annum specified in sub-section (1B) of section 28 of the Social Services Act 1947-1974.


* * * * *

Inserted by No. 124, 1979, s. 9

SECT

(1AA) For the purposes of sub-section (1), the maximum rate of pension per annum applicable to a wife of a member of the Forces shall be ascertained without regard to sub-section (1A) of section 32 of the Social Services Act 1947 but, if the Commission or a Board is satisfied that-

(a) the living expenses of the wife and her husband are, or are likely to be, greater than they would otherwise be by reason that they 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 Commission or the Board, as the case may be, may determine that the maximum rate per annum of the service pension that may be granted to the wife is to be the maximum rate of pension per annum that would be applicable to the wife under section 32 of the Social Services Act 1947 if the wife were qualified to receive a wife's pension under that Act and a direction were in force in relation to the wife under sub-section (1A) of that section.


Inserted by No. 124, 1979, s. 9

SECT

(1AB) Where it appears to the Commission or a Board that sufficient reason exists for reviewing a determination given under sub-section (1AA), the Commission or the Board, as the case may be, may review the determination and may affirm it or make a determination annulling it.


Inserted by No. 104, 1973, s. 13

SECT

(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; No. 129, 1978, s. 13

SECT

(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.


* * * * * * * *

Inserted by No. 2, 1973, s. 8

SECT

(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

SECT

(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

SECT

(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; No. 27, 1973, s. 9

SECT

(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

SECT

(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 - SECT. 85A.
Claimant to be resident in Australia

Inserted by No. 27, 1973, s. 5

SECT

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 - SECT. 86.
Restrictions as to dual pensions

Sub-section (1) substituted by No. 124, 1979, s. 10

SECT

86. (1) Notwithstanding anything contained in this Division (including this Division as extended by Division 5A or 5B)-

(a) a person is not entitled to receive more than one service pension at the same time;

(b) a person is not entitled to receive at the same time a service pension and a pension under Part III, IV or IVAAA of the Social Services Act 1947; and

(c) 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; No. 90, 1974, s. 13

SECT

(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 pension may be granted to the wife 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; No. 104, 1973, s. 28

SECT

(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 - SECT. 87.
Variation of rate of service pension according to income

Inserted by No. 58, 1935, s. 24 Sub-section (1) substituted by No. 82, 1972, s. 11

SECT

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.


Substituted by No. 129, 1978, s. 14

SECT

(1A) Sub-section (1) does not apply in relation to a claimant or pensioner who is permanently blind.


Inserted by No. 129, 1978, s. 14

SECT

(1B) Notwithstanding sub-section (1), where a claimant or pensioner-

(a) has attained the age of 70 years; and

(b) is in receipt of, or is qualified to receive, a service pension,

the annual rate at which that pension is granted shall not be less than-

(c) in the case of a member of the Forces who is a person referred to in paragraph (a) of sub-section (1A) of section 28 of the Social Services Act 1947, being that section in its application to members of the Forces by virtue of section 84 or 85 of this Act-$2,675.40 per annum; or

(d) in any other case-$2,230.80 per annum.


Substituted by No. 69, 1953, s. 13

SECT

(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; No. 3, 1974, s. 8

SECT

(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 Three hundred and twelve 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; amended by No. 35, 1975, s. 6; No. 112, 1976, s. 9; No. 129, 1980, s. 5

SECT

(3A) In the computation of the income of a person 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-half:

(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, other than a payment referred to in paragraph (a) or (b), that is a payment in respect of incapacity or death resulting from employment in connexion with a war or warlike operations in which the Sovereign has been engaged;

(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; and

(e) a payment of an instalment of any allowance under the regulations that is prescribed for the purposes of this paragraph.


Sub-section (3B) omitted by No. 35, 1975, s. 6
* * * * * * * *

Added by No. 105, 1964, s. 8

SECT

(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; section 90 repealed by No. 112, 1976, s. 10
* * * * * * * *

REPATRIATION ACT 1920 - SECT. 91.
Disposal of income

Substituted by No. 112, 1976, s. 11

SECT

91. (1) If, in the opinion of the Commission, an applicant for a service pension or a service pensioner has directly or indirectly deprived himself of 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 otherwise have been eligible, the amount of the income of which the Commission considers the applicant or service pensioner has so deprived himself shall be deemed to be the income of the applicant or service pensioner.


(2) If, in the opinion of the Commission, the spouse of an applicant for a service pension or of a service pensioner has directly or indirectly deprived himself of income in order that the applicant or service pensioner might qualify for or obtain, a pension, or in order that the applicant or service pensioner might obtain a pension at a higher rate than the rate for which the applicant or service pensioner would otherwise have been eligible, the amount of the income of which the Commission considers the spouse has so deprived himself shall be deemed to be income of the spouse.


Section 91A repealed by No. 39, 1955, s. 14
* * * * * * * *

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

Substituted by No. 27, 1973, s. 6

SECT

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 - SECT. 93.
Payment of service pensions

Inserted by No. 58, 1935, s. 24; amended by No. 47, 1958, s. 12; No. 27, 1973, s. 9

SECT

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 - SECT. 94.
Pension to widow and children of service pensioner

Substituted by No. 67, 1936, s. 10 Sub-section (1) amended by No. 12, 1937, s. 6

SECT

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

SECT

(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

SECT

(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.


Sections 94A and 94B repealed by No. 129, 1980, s. 6
* * * * * * * *

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

Substituted by No. 67, 1936, s. 11 Sub-section (1) omitted by No. 42, 1966, s. 8

SECT

95.*7* * * * * * * *


Substituted by No. 69, 1953, s. 17; amended by No. 44, 1960, s. 3; No. 47, 1963, s. 10; No. 66, 1968, s. 10; No. 27, 1973, s. 9; No. 112, 1976, s. 13

SECT

(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-

(i) unless an allowance under section 98A is payable to him-so much of his pension as does not exceed an amount per annum equal to one-third of the maximum rate of age pension specified in paragraph (a) of sub-section (1A) of section 28 of the Social Services Act 1947, or, if that amount per annum is not a multiple of $2.60, the next higher amount per annum that is such a multiple; or

(ii) if an allowance under section 98A is payable to him-so much of his pension as does not exceed the sum of an amount per annum equal to one-third of the maximum rate of age pension referred to in sub-paragraph (i) and an amount per annum equal to one-fifth of the maximum rate of supplementary assistance specified in paragraph (d) of sub-section (3) of section 30A of the Social Services Act 1947, or, if the sum of those amounts per annum is not a multiple of $2.60, the next higher amount per annum that is such a multiple;

(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; sub-section (1D)
omitted by No. 129, 1978, s. 15
* * * * * * * *

Substituted by No. 42, 1966, s. 8; amended by No. 17, 1971, s. 5; No. 15, 1972, s. 5; No. 27, 1973, s. 9

SECT

(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; No. 27, 1973, s. 9

SECT

(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

SECT

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

*7* Section 95 is repealed and substituted by section 11 of the Repatriation Acts Amendment Act (No. 2) 1979. Sub-section 2(4) provides that section 11 is to come into operation on a date to be fixed by Proclamation. As at 1 January 1981 no date was fixed for the commencement of section 11, and the amendment made by it is not incorporated in this reprint. Section 11 is set out in the extract from the Repatriation Acts Amendment Act (No. 2) 1979 below.

REPATRIATION ACT 1920 - SECT. 96.
Receipt of income to be notified
14

Substituted by No. 47, 1963, s. 11 Sub-section (1) substituted by No. 112, 1976, s. 14; amended by No. 56, 1977, s.

SECT

96. (1) Subject to sub-section (6A), where the average weekly rate of the income, other than service pension, received in any period of 8 consecutive weeks by a service pensioner who-

(a) is not a married person, or is legally 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 $20 per week 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 14 days after the expiration of that period, notify the Secretary at the appropriate address prescribed by or under section 123AC, of the amount of the income received by him in that period.


Substituted by No. 112, 1976, s. 14; amended by No. 56, 1977, s. 14

SECT

(2) Subject to sub-section (6A), where, in any period of 8 consecutive weeks, the average weekly rate of the sum of-

(a) the income, other than service pension, received by a service pensioner who-

(i) is a married person and, if he is legally married, is not living apart from his spouse; and

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

(b) the income, other than service pension, received by his spouse,

is higher than $34.50 per week 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 14 days after the expiration of that period, notify the Secretary at the appropriate address prescribed by or under section 123AC, of the amount of the income received by him and the amount of income received by his spouse, in that period.


Sub-sections (3)-(5) omitted by No. 112, 1976, s. 14
* * * * * * * *

Amended by No. 42, 1966, s. 12; No. 27, 1973, s. 9; No. 3, 1974, s. 9; No. 112, 1976, s. 14; No. 56, 1977, s. 14

SECT

(6) Subject to sub-section (6A), 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; or

(e) a service pensioner becoming an inmate of a benevolent home,

the pensioner shall give a notification accordingly, within 14 days after the occurrence of the event, to the Secretary at the appropriate address prescribed by or under section 123AC.


Inserted by No. 3, 1974, s. 9; amended by No. 111, 1975, s. 6; No. 112, 1976, s. 14; No. 129, 1978, s. 16

SECT

(6A) A service pensioner who-

(a) is permanently blind or, having attained the age of 70 years, is in receipt of pension at the rate referred to in paragraph (c) or (d) of sub-section (1B) of section 87, whichever is the appropriate rate;

(b) is not in receipt of an allowance by way of supplementary assistance under section 98A;

(c) is not an eligible pensioner within the meaning of the Health Insurance Act 1973; and

(d) is not a pensioner the maximum rate of whose pension has been increased by virtue of sub-section 28 (1AA) or (1B) of the Social Services Act 1947-1974 in its application by virtue of section 84 of this Act,

is not required to give a notification in the circumstances set out in sub-section (1) or (2).


Amended by No. 216, 1973, s. 3; No. 56, 1977, s. 14

SECT

(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 Secretary at the appropriate address prescribed by or under section 123AC, of his intention so to leave Australia or the Territory.


Amended by No. 27, 1973, s. 9; No. 56, 1977, s. 14

SECT

(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, give a notification accordingly to the Secretary at the appropriate address prescribed by or under section 123AC.


Amended by No. 42, 1966, s. 12; No. 27, 1973, s. 9; No. 56, 1977, s. 14

SECT

(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, give a notification accordingly to the Secretary at the appropriate address prescribed by or under section 123AC.


Penalty: Forty dollars.


REPATRIATION ACT 1920 - SECT. 96A.
Persons resident in Papua New Guinea

Inserted by No. 90, 1974, s. 14

SECT

96A. (1) This section applies in relation to a service pensioner who is residing in Papua New Guinea after it becomes an independent sovereign state and who is, by virtue of sub-section (2) of section 6 or sub-section (5) of section 83, to be deemed to be resident in Australia.


Amended by No. 56, 1977, s. 15

SECT

(2) Where a service pensioner to whom this section applies leaves the country where he is residing, except to go to Australia, without first giving notice to the Secretary at the appropriate address prescribed by or under section 123AC of his intention so to leave that country, the Commission may cancel his pension.


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

Inserted by No. 58, 1935, s. 24 Sub-section (1) amended by No. 112, 1976, s. 15; No. 56, 1977, s. 16

SECT

97. (1) Whenever required by the Commission or a Board each service pensioner shall forward to the Secretary at the appropriate address prescribed by or under section 123AC, a statement in the prescribed form relating to his income.


(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 - SECT. 98.
Cancellation or variation of pension

Inserted by No. 58, 1935, s. 24

SECT

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 - SECT. 98AA.
Rate of supplementary allowance during period when spouse overseas

Inserted by No. 27, 1973, s. 7

SECT

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 - SECT. 98A.
Supplementary assistance

Substituted by No. 64, 1965, s. 10 Sub-section (1) substituted by No. 82, 1972, s. 13; amended by No. 90, 1974, s. 15; No. 112, 1976, s. 16

SECT

98A. (1) This section applies to a person if-

(a) the person is a service pensioner;

(b) the rate of that person's income is less than the amount per annum specified in paragraph (b) of sub-section (1) of section 30A of the Social Services Act 1947; 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

SECT

(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

SECT

(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; No. 90, 1974, s. 15; No. 112, 1976, s. 16

SECT

(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 rate of his income is not greater than the maximum rate of income specified in paragraph (d) of sub-section (3) of section 30A of the Social Services Act 1947-the rate specified in that paragraph; or

(e) in any other case-an amount per annum equal to the amount by which the amount specified in paragraph (e) of sub-section (3) of section 30A of the Social Services Act 1947 exceeds the annual rate of his income.


Inserted by No. 82, 1972, s. 13

SECT

(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.


Inserted by No. 90, 1974, s. 15

SECT

(3B) Notwithstanding anything contained in this section, allowance by way of supplementary assistance by reason of the payment of rent is not payable to a person at a rate exceeding the rate at which that person pays rent.


Inserted by No. 90, 1974, s. 15

SECT

(3C) Where a person and the wife or husband of that person are persons the rates of whose supplementary allowances are fixed by sub-section (3A), the rent paid by that person shall, for the purposes of sub-section (3B), be deemed to be one-half of the rent paid by that person, by the wife or husband of that person or by both that person and the wife or husband of that person, as the case may be, in respect of their matrimonial home.


(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

SECT

(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
* * * * * * * *

SECT

(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

SECT

(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
* * * * * * * *

Substituted by No. 90, 1974, s. 15; amended by No. 56, 1977, s. 17

SECT

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

(a) ceases to pay rent;

(b) has the rate of his rent reduced; or

(c) in any period of 2 consecutive weeks, receives income the average weekly rate of which is higher than the weekly rate of income last specified by him in a claim, statement or notification under this Part,

the person shall, within 14 days after the date on which the last payment of rent was due, the date on which the rate of his rent was reduced or the last day of the period referred to in paragraph (c), as the case may be, give a notification, in writing, accordingly to the Secretary at the appropriate address prescribed by or under section 123AC.


Penalty: $40.


Amended by No. 44, 1960, s. 3; No. 64, 1965, s. 10; No. 42, 1966, s. 12; No. 27, 1973, s. 9; No. 56, 1977, s. 17

SECT

(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, give a notification, in writing, of the grant to the Secretary at the appropriate address prescribed by or under section 123AC.


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.


Section 98AAA repealed by No. 35, 1975, s. 7
* * * * * * * *

REPATRIATION ACT 1920 - SECT. 98B.
On death of married person, widow, widower or children to receive certain
benefits for 12 weeks

Inserted by No. 66, 1968, s. 11 Sub-section (1) substituted by No. 90, 1974, s. 16

SECT

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 1947-1974; 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-

(i) for the purposes of this Division; or

(ii) for the purposes of the operation of a provision of Part III of the Social Services Act 1947-1974.


Amended by No. 27, 1973, s. 9

SECT

(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

SECT

(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

SECT

(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

SECT

(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.


Amended by No. 90, 1974, s. 16; No. 112, 1976, s. 17

SECT

(8) In this section, "service pension" includes an allowance under section 98A.


REPATRIATION ACT 1920 - SECT. 98C.
Extension of application of Division 5 to members of Forces of a Commonwealth
country

SECT

Division 5A-Extension of Application of Provisions of Division 5 to
certain Members of the Forces of a Commonwealth Country

Division 5A inserted by No. 35, 1975, s. 8 Inserted by No. 35, 1975, s. 8

SECT

98C. (1) Subject to this Division, the provisions of Division 5 extend to and in relation to-

(a) a male or female member of the Forces of a Commonwealth country within the meaning of this Division;

(b) the wife, as defined in sub-section (1) of section 83, of such a male member; and

(c) a child, as defined in sub-section (1) of section 83, of such a male or female member.


(2) For the purposes of the extension of the provisions of Division 5 as provided in sub-section (1)-

(a) a reference in that Division to a member of the Forces or to a member shall be read as a reference to a member of the Forces of a Commonwealth country within the meaning of this Division; and

(b) a reference in that Division to service in a theatre of war shall be read as a reference to service in a theatre of war within the meaning of this Division.


REPATRIATION ACT 1920 - SECT. 98D.
Interpretation

Inserted by No. 35, 1975, s. 8

SECT

98D. (1) In this Division, "member of the Forces of a Commonwealth country" means a person who-

(a) has served in a theatre of war as a member of the naval, military or air forces, or a member of the nursing or auxiliary services or of the women's branch of the naval, military or air forces, of a country (other than Australia) that is, or was during that person's service, a part of the dominions of the Crown; and

(b) has, at any time, been continuously resident in Australia for a period of not less than 10 years.


(2) For the purposes of this Division, a reference to service in a theatre of war in relation to a person shall be read as a reference to service by that person in connexion with a war or war-like operations in which the Naval, Military or Air Forces of Australia were engaged, being-

(a) service outside the country to which the forces in which the person served belonged; or

(b) service within that country in respect of which the person has been awarded, or is entitled to the award of, a campaign medal.


(3) Where-

(a) a person has had more than 1 period of residence in Australia;

(b) the longest of those periods is less than 10 years but is not less than 5 years; and

(c) the aggregate of those periods exceeds 10 years,

the period specified in paragraph (b) of the definition of "member of the forces of a Commonwealth country" in sub-section (1) shall, in relation to that person, be deemed to be reduced by the excess.


REPATRIATION ACT 1920 - SECT. 98E.
Person not member of forces of Commonwealth country

Inserted by No. 35, 1975, s. 8

SECT

98E. Notwithstanding anything contained in this Division, a person is not a member of the forces of a Commonwealth country by reason of service in the forces of a country (other than Australia) unless that service would, if the person had been a member of the Naval, Military or Air Forces of Australia, have resulted in the person being a member of the Forces for the purposes of Division 5.


REPATRIATION ACT 1920 - SECT. 98F.
Date of commencement of service pension

SECT

Division 5B-Extension of Application of Provisions of Division 5 to Certain
Members of the Forces of an Allied Country

Division 5B inserted by No. 124, 1979, s. 12 Inserted by No. 124, 1979, s. 12

SECT

98F. The date of commencement of a service pension payable under Division 5, as extended by this Division, shall not be earlier than 7 February 1980.


REPATRIATION ACT 1920 - SECT. 98G.
Extension of application of Division 5 to members of Forces of an allied
country

Inserted by No. 124, 1979, s. 12

SECT

98G. (1) Subject to this Division, the provisions of Division 5 extend to and in relation to-

(a) a male or female member of the Forces of an allied country within the meaning of this Division;

(b) the wife, as defined in sub-section (1) of section 83, of such a male member; and

(c) a child, as defined in sub-section (1) of section 83, of such a male or female member.


(2) For the purposes of the extension of the provisions of Division 5 as provided in sub-section (1), a reference in that Division to a member of the Forces or to a member shall be read as a reference to a member of the Forces of an allied country within the meaning of this Division.


REPATRIATION ACT 1920 - SECT. 98H.
Interpretation

Inserted by No. 124, 1979, s. 12

SECT

98H. (1) In this Division-

"government-in-exile ", in relation to a country, includes any person, or group of persons, claiming to represent, or administer, the country or a part of the country or the people of the country; "member of the Forces of an allied country" means a person who-

(a) has served in a theatre of war as a person appointed or enlisted as a member of the naval, military or air forces, or a member of the nursing or auxiliary services or the women's branch of the naval, military or air forces, raised by a country, not being a country that was, at that time, a part of the dominions of the Crown; and

(b) has, at any time, been continuously resident in Australia for a period of not less than 10 years,

but does not include-

(c) a person who has served, at any time, in the forces of a country that was, at that time, at war with Australia or in forces engaged in supporting or assisting those forces; or

(d) a person who has served, at any time, in forces that were, at that time, engaged in war-like operations against the Naval, Military or Air Forces of Australia.


(2) In this Division, a reference to forces raised by a country-

(a) shall be read as not including a reference to irregular forces; and

(b) shall, in relation to any period during which there was, with respect to the country, a government-in-exile, be read as including a reference to forces (other than irregular forces) of that government-in-exile.


(3) Where-

(a) a person has had more than one period of residence in Australia;

(b) the longest of those periods is less than 10 years but is not less than 5 years; and

(c) the aggregate of those periods exceeds 10 years,

the period specified in paragraph (b) of the definition of "member of the Forces of an allied country" in sub-section (1) shall, in relation to that person, be deemed to be reduced by the excess.


REPATRIATION ACT 1920 - SECT. 98J.
Person not member of Forces of allied country

Inserted by No. 124, 1979, s. 12

SECT

98J. Notwithstanding anything contained in this Division, a person is not a member of the Forces of an allied country by reason of service in the forces raised by a country (other than Australia) unless that service would, if the person had been a member of the Naval, Military or Air Forces of Australia, have resulted in the person being a member of the Forces for the purposes of Division 5.


REPATRIATION ACT 1920 - SECT. 99.
Extension of application of Act to certain male members of the Forces

SECT

Division 6-Extension of Application of Provisions of Divisions 1 and 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, s. 34; amended by No. 34, 1950, s. 39; No. 18, 1979, s. 16 Inserted by No. 37, 1940, s. 12 Sub-section (1) amended by No. 22, 1943, ss. 35 and 52; No. 47, 1963, s. 12; No. 27, 1973, s. 9; No. 18, 1979, s. 17

SECT

99. (1) Subject to the provisions of this Division, the provisions of Division 1, 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; No. 27, 1973, s. 9

SECT

(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; No. 27, 1973, s. 9; No. 18, 1979, s. 17

SECT

(2) For the purposes of the extension of the provisions of Divisions 1 and 5 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 - SECT. 100.
Interpretation

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; No. 216, 1973, s. 3

SECT

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 - SECT. 101.
Liability of Commonwealth to pay pensions to certain male members of the
Forces

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; No. 27, 1973, s. 9

SECT

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

SECT

(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

SECT

(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; No. 27, 1973, s. 9

SECT

(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

SECT

(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

SECT

(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 - SECT. 102.
Extension of Division in respect of other parts of the Queen's dominions

Substituted by No. 58, 1952, s. 11; amended by No. 69, 1953, s.19; No. 47, 1963, s. 13; No. 27, 1973, s. 9; No. 216, 1973, s. 3

SECT

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.


REPATRIATION ACT 1920 - SECT. 103.
Maximum rates of pensions

Inserted by No. 37, 1940, s. 12

SECT

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 - SECT. 104.
Extension of application of Act to members of Women's Services

SECT

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

Division 7 inserted by No. 22, 1943, s. 39; Heading amended by No. 34, 1950, s. 44; No. 18, 1979, s. 18 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; No. 27, 1973, s. 9; No. 18, 1979, s. 19

SECT

104. (1) Subject to the provisions of this Division, the provisions of Division 1 (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

SECT

(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; No. 27, 1973, s. 9; No. 18, 1979, s. 19

SECT

(2) For the purposes of the extension of the provisions of Divisions 1 and 5, 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; and

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


REPATRIATION ACT 1920 - SECT. 105.
Interpretation

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; No. 27, 1973, s. 9

SECT

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 - SECT. 106.
Pensions to dependants of members of Women's Services

Substituted by No. 39, 1955, s. 17

SECT

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

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

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


(2) A pension 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 - SECT. 107.
Extension of Division in respect of other parts of the Queen's dominions

Substituted by No. 58, 1952, s. 12; amended by No. 47, 1963, s. 16; No. 27, 1973, s. 9; No. 216, 1973, s. 3

SECT

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 - SECT. 107A.
Extension of application of Act to certain male members of the Forces

SECT

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

Division 8 inserted by No. 34, 1950, s. 48; Heading amended by No. 18, 1979, s. 20
Inserted by No. 34, 1950, s. 48 Sub-section (1) amended by No. 39, 1955, s. 18; No. 47, 1963, s. 17; No. 27, 1973, s. 9; No. 18, 1979, s. 21

SECT

107A. (1) Subject to the provisions of this Division, the provisions of Division 1 (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; No. 27, 1973, s. 9

SECT

(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; No. 27, 1973, s. 9; No. 18, 1979, s. 21

SECT

(2) For the purposes of the provisions of Divisions 1 and 5 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
* * * * * * * *
*8* Divs 8 and 9 (Ss. 107A-107G of Part III)-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."

REPATRIATION ACT 1920 - SECT. 107B.
Interpretation

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; No. 27, 1973, s. 9

SECT

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

SECT

(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 - SECT. 107C.
Liability of Commonwealth to pay pensions to certain male members of the
Forces

Inserted by No. 34, 1950, s. 48 Sub-section (1) amended by No. 27, 1973, s. 9

SECT

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; No. 27, 1973, s. 9

SECT

(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

SECT

(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; No. 105, 1964, s. 15

SECT

(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 - SECT. 107D.
Extension of Division in respect of other parts of the Queen's dominions

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; No. 216, 1973, s. 3

SECT

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 - SECT. 107E.
Extension of application of Act to members of Women's Services

SECT

Division 9-Extension of Application of Provisions of Divisions 1 and 5 to certain Female Members of the Forces (Korea and Malaya
Operations)*8*

Division 9 inserted by No. 34, 1950, s. 48; Heading amended by No. 18, 1979, s. 22
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; No. 27, 1973, s. 9; No. 18, 1979, s. 23

SECT

107E. (1) Subject to the provisions of this Division, the provisions of Division 1 (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

SECT

(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; No. 27, 1973, s. 9; No. 18, 1979, s. 23

SECT

(2) For the purposes of the provisions of Divisions 1 and 5, 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; and

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

*8* Divs 8 and 9 (Ss. 107A-107G of Part III)-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."

REPATRIATION ACT 1920 - SECT. 107F.
Interpretation

Substituted by No. 39, 1955, s. 22; amended by No. 105, 1964, s. 17; No. 2, 1973, s. 17; No. 27, 1973, s. 9

SECT

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 - SECT. 107G.
Extension of Division in respect of other parts of the Queen's dominions

Inserted by No. 34, 1950, s. 48; amended by No. 58, 1952, s. 14; No. 47, 1963, s. 20; No. 27, 1973, s. 9; No. 216, 1973, s. 3

SECT

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 - SECT. 107H.
Extension of application of Act to certain members of the Forces

SECT

Division 10-Extension of Application of Provisions of Division 1 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; Heading amended by No. 18, 1979, s. 24 Inserted by No. 104, 1973, s. 17 Sub-section (1) amended by No. 129, 1978, s. 17; No. 18, 1979, s. 25

SECT

107H. (1) Subject to this Division, the provisions of Division 1 of this Part (other than sections 24, 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 - SECT. 107J.
Interpretation

Inserted by No. 104, 1973, s. 17

SECT

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 7th 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 - SECT. 107K.
Regular serviceman

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107L.
National serviceman

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107M.
Liability of Australia to pay pensions to certain members of the Forces, &c.

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107N.
Conditions of payment of pension to certain dependants of members of the
Forces

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107P.
Pensions payable to certain dependent females

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107Q.
Dual entitlement

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107R.
Persons in receipt of payments by way of compensation or damages

Inserted by No. 104, 1973, s. 17

SECT

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.


Added by No. 112, 1976, s. 18

SECT

(9) Where, in respect of a deceased member, both a pension and a domestic allowance are payable under this Division to the widow or to a woman referred to in section 107P, the domestic allowance shall, for the purposes of this section, be treated as a part of the pension.


REPATRIATION ACT 1920 - SECT. 107S.
Power to request proceedings to be taken against third party or to take such
proceedings itself

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107T.
Payment of damages by persons to Australia

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107U.
Deduction of overpayments of pension

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107V.
Liability to pay damages to be discharged by payments of pension

Inserted by No. 104, 1973, s. 17

SECT

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 - SECT. 107VA.
Interpretation

SECT

PART IIIA-REPATRIATION REVIEW
TRIBUNAL

Division 1-Preliminary

Part IIIA inserted by No. 18, 1979, s. 26 Inserted by No. 18, 1979, s. 26

SECT

107VA. In this Part, unless the contrary intention appears-

"applicant" means a person who makes an application;

"application" means an application under this Part to the Tribunal for a review of a decision of the Commission or a Board;

"decision ", in relation to the Commission or a Board, includes a determination of the Commission or the Board, as the case may be;

"Deputy President" means a Deputy President of the Tribunal;

"direction" means a direction in writing;

"medical member" means a member who is a legally qualified medical practitioner;

"member" means a member of the Repatriation Review Tribunal;

"member of the Forces" means-

(a) a person who is a member of the Forces within the meaning of section 23, 100, 105, 107B, 107F or 107J; or

(b) a person to whom certain provisions of this Act extend by virtue of section 102, 107, 107D or 107G,

whichever is appropriate;

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

"President" means the President of the Tribunal;

"presidential member" means the President or a Deputy President;

"presiding member ", in relation to a proceeding, means the presidential member who is to preside, or is presiding, at any hearing of the proceeding;

"proceeding ", in relation to the Tribunal, means a proceeding before the Tribunal in pursuance of an application, and includes a proceeding before the Tribunal under section 107VZB or 107VZD;

"Services member" means a member who is a person selected from a list submitted in accordance with a request made under sub-section (3) of section 107VZH;

"war service" means-

(a) service that is war service within the meaning of section 23, 100 or 107B; or

(b) service that is defence service within the meaning of section 107J,

whichever is appropriate.


REPATRIATION ACT 1920 - SECT. 107VB.
Establishment of Repatriation Review Tribunal

SECT

Division 2-Establishment of the Repatriation
Review Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VB. There is hereby established a Repatriation Review Tribunal, which shall consist of a President and such number of Deputy Presidents, and such number of other members, as the Governor-General may from time to time determine.


REPATRIATION ACT 1920 - SECT. 107VC.
Review of decisions refusing entitlement to pension, other than service
pension

SECT

Division 3-Review by the Tribunal of Decisions

Inserted by No. 18, 1979, s. 26

SECT

107VC. (1) Where the Commission has made a decision refusing a claim by a person for a pension (other than a service pension) or other benefit under this Act arising out of the incapacity or death of a member of the Forces on the ground that-

(a) the member is not suffering from any incapacity;

(b) 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 connection 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

(c) 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,

that person may, on or after 1 July 1979, make application to the Tribunal for a review of the decision of the Commission.


(2) Where-

(a) the Tribunal, pursuant to an application under sub-section (1) for a review of a decision of the Commission, has made a decision (in this sub-section referred to as "the relevant decision ") affirming that decision of the Commission; and

(b) at any time after the making of the relevant decision, the President, under sub-section (2) of section 107VM, notifies the applicant that, in his opinion, further evidence submitted by the applicant under that sub-section would have been relevant to the making of a decision in the proceeding before the Commission the decision in which was affirmed by the relevant decision,

the applicant may again make application to the Tribunal for a review of that decision of the Commission.


REPATRIATION ACT 1920 - SECT. 107VD.
Review of pension assessments other than service pension assessments

Inserted by No. 18, 1979, s. 26

SECT

107VD. (1) Where the Commission or a Board-

(a) has made a decision assessing the rate of pension of a member of the Forces;

(b) has made a decision refusing to alter the existing assessment of the rate of pension of a member of the Forces; or

(c) has made a decision that-

(i) a member of the Forces has an incapacity that-

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

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

(C) is directly attributable to his war service;

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

(E) has been contributed to in any material degree or has been aggravated by the conditions of his war service; and

(ii) the incapacity is so slight that it does not warrant a pension assessment,

the member may, on or after 1 July 1979 and within 3 months after the service on the member, in accordance with section 47A, of a copy of the decision of the Commission or the Board, make application to the Tribunal for a review of that decision.


(2) In this section, "pension" does not include a service pension.


REPATRIATION ACT 1920 - SECT. 107VE.
Review of certain decisions refusing application for service pension under
section 85

Inserted by No. 18, 1979, s. 26

SECT

107VE. (1) Where the Commission has made a decision refusing an application by a member of the Forces, or a member of the Forces of a Commonwealth country, for a service pension under section 85 solely on the ground that the member is not permanently unemployable, the member may, on or after 1 July 1979 and within 3 months after the service on the member, in accordance with section 47A, of a copy of the decision of the Commission, make application to the Tribunal for a review of that decision.


(2) In this section, "member of the Forces of a Commonwealth country" means a person who is a member of the Forces of a Commonwealth country within the meaning of section 98D.


REPATRIATION ACT 1920 - SECT. 107VF.
Application for review

Inserted by No. 18, 1979, s. 26

SECT

107VF. (1) An application to the Tribunal for a review-

(a) shall be in writing;

(b) shall set out a statement of the reasons for the application; and

(c) shall be forwarded to the Secretary at the appropriate address prescribed by or under section 123AC.


(2) Where an application is lodged in accordance with sub-section (1), the Secretary shall-

(a) within 21 days after the lodgement, notify the President of the lodgement; and

(b) as soon as practicable thereafter, forward to the President the application and all records and other documents under the control of the Department relating to the decision to which the application relates.


REPATRIATION ACT 1920 - SECT. 107VG.
Tribunal not bound by technicalities, &c.

Inserted by No. 18, 1979, s. 26

SECT

107VG. The Tribunal, in conducting a proceeding, or the hearing of a proceeding, or in making a decision in a proceeding, on a review-

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) shall act according to substantial justice and the merits and all the circumstances of the case, and, without limiting the generality of the foregoing, shall take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to-

(i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; or

(ii) an absence of, or a deficiency in, relevant official records, including an absence or deficiency resulting from the fact that an occurrence that happened during the service of a member of the Forces was not reported to the appropriate authorities.


REPATRIATION ACT 1920 - SECT. 107VH.
Decision of Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VH. (1) In a proceeding on a review, the Tribunal shall have regard to the evidence that was before the Commission or a Board when the decision the subject of the review was made and to any further evidence before the Tribunal in the proceeding that was not before the Commission or the Board but would have been relevant to the making of a decision in the proceeding before the Commission or the Board.


(2) On the completion of its consideration in a proceeding on a review-

(a) where the decision the subject of the review was a decision refusing a claim or application for pension-the Tribunal shall set aside the decision unless it is satisfied, beyond reasonable doubt, that there were insufficient grounds for granting the claim or application; or

(b) in any other case-the Tribunal shall set aside the decision the subject of the review unless it is satisfied, beyond reasonable doubt, that the decision is the decision that the Tribunal would have made if it had conducted the proceeding in which the decision was made.


(3) Where the Tribunal sets aside a decision the subject of a review, it shall substitute for that decision such decision as the Tribunal considers to be in accordance with this Act.


(4) Where the Tribunal does not set aside a decision the subject of a review, it shall affirm that decision.


REPATRIATION ACT 1920 - SECT. 107VJ.
Further evidence relating to incapacity

Inserted by No. 18, 1979, s. 26

SECT

107VJ. Where-

(a) in the proceeding on a review pursuant to an application under section 107VD there is before the Tribunal further evidence that was not before the Commission or a Board; and

(b) by reason of that further evidence, the Tribunal has reason to believe that there has been a change in the incapacity of the applicant since the date of the decision the subject of the review,

the Tribunal shall, for the purpose of the proceeding, disregard that further evidence to the extent that it relates to the incapacity of the applicant at any time after the date of the decision that is the subject of the review but may, after the decision in the proceeding has been made, refer the applicant's case back to the Commission for consideration of that further evidence.


REPATRIATION ACT 1920 - SECT. 107VK.
Reasons for decision of Tribunal to be included in decision, &c.

Inserted by No. 18, 1979, s. 26

SECT

107VK. (1) Where, in a proceeding before the Tribunal, the Tribunal makes a decision relating, in whole or in part, to a prescribed matter, the Tribunal shall cause to be prepared a written record of the decision, containing a statement of the reasons for the decision, so far as the decision relates to the prescribed matter, including any findings of fact in relation to the prescribed matter.


(2) Where the Tribunal makes a decision referred to in sub-section (1), the Tribunal-

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

(b) shall serve, or cause to be served, either personally or by post, a copy of the decision both on the applicant or a person authorized by the applicant and on the Commission.


(3) In this section, "prescribed matter" means a matter referred to in paragraph (a), (d) or (j) of sub-section (1) of section 27.


REPATRIATION ACT 1920 - SECT. 107VL.
Review by Commission of decision the subject of application for review by
Tribunal

SECT

Division 4-Review or Reconsideration by the Commission

Inserted by No. 18, 1979, s. 26

SECT

107VL. (1) Where-

(a) an application for a review of a decision of the Commission has been made to the Tribunal; and

(b) the Commission considers that, because of the lapse of time since that decision of the Commission was made or any other special circumstances, the Commission should review that decision before the review by the Tribunal in pursuance of the application is proceeded with,

the Commission shall notify the Tribunal of its intention to conduct a review of that decision and, thereupon, the Tribunal shall postpone the hearing of the proceeding on the review by the Tribunal pending the completion of the review by the Commission.


(2) Where-

(a) an application for a review of a decision of the Commission or a Board has been made to the Tribunal; and

(b) in the proceeding on the review there is before the Tribunal further evidence that was not before the Commission or the Board and the Tribunal is satisfied that that further evidence would have been relevant to the making of a decision in the proceeding before the Commission or the Board,

the Tribunal shall adjourn the hearing and request the Commission to review that decision having regard to that further evidence.


(3) Where the Tribunal requests the Commission under sub-section (2) to review a decision, the Tribunal may, if the decision is a decision with respect to a pension assessment, vary that assessment pending the completion of the review of the decision by the Commission, having regard to the records and evidence on which the Commission or a Board reached that decision.


(4) Where-

(a) the decision of the Commission on a review by the Commission referred to in sub-section (1) or (2) is to affirm the decision the subject of the review, and the Commission notifies the Tribunal accordingly; or

(b) within 3 months after the service on the applicant, in accordance with section 47A, of a copy of the decision of the Commission on a review by the Commission referred to in sub-section (1) or (2), the applicant notifies the Tribunal that he is not satisfied with the decision,

the Tribunal shall proceed with the hearing of the proceeding that was postponed or adjourned, but, in that proceeding, the decision for review by the Tribunal shall be the decision of the Commission on the review referred to in sub-section (1) or (2) instead of the decision to which the application relates.


(5) Where the Commission gives to the Tribunal a notification in accordance with paragraph (a) of sub-section (4), the Secretary shall forward to the Tribunal all records and other documents under the control of the Department relating to the review by the Commission to which the notification relates.


(6) Where the Tribunal receives a notification in accordance with paragraph (b) of sub-section (4), the Tribunal may, before proceeding with a hearing in accordance with that sub-section, request the Secretary to forward to it all records and other documents under the control of the Department relating to the review by the Commission to which the notification relates.


(7) If no notification under sub-section (4) is received by the Tribunal, the Tribunal shall treat the application relating to the hearing that was postponed or adjourned in accordance with sub-section (1) or (2) as having lapsed.


REPATRIATION ACT 1920 - SECT. 107VM.
Further evidence after adverse decision of Tribunal on application under
section 107VC

Inserted by No. 18, 1979, s. 26

SECT

107VM. (1) Where-

(a) at any time after the making of a decision of the Tribunal on a review pursuant to an application under section 107VC, being a decision affirming the decision of the Commission the subject of the review, the applicant submits to the Commission, in writing, further evidence with respect to the claim the subject of that decision of the Commission; and

(b) the Commission is satisfied that the further evidence is evidence that would have been relevant to the making of a decision in the proceeding before the Commission the decision in which was affirmed by the Tribunal,

the Commission shall reconsider that claim.


(2) If the Commission is not satisfied that further evidence submitted under sub-section (1) would have been relevant to the making of a decision in the relevant proceeding before the Commission, the Commission shall notify the applicant accordingly, and, thereupon, the applicant may submit that further evidence, in writing, to the President and request the President to notify the applicant whether, in his opinion, the further evidence would have been relevant to the making of a decision in the relevant proceeding before the Commission.


REPATRIATION ACT 1920 - SECT. 107VN.
Constitution of Tribunal for exercise of powers

SECT

Division 5-Organization of the Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VN. (1) Subject to this section, the Tribunal shall, for the purposes of a proceeding, be constituted by-

(a) the President or a Deputy President;

(b) a Services member; and

(c) one other member.


(2) The President may, if he considers that a matter to be dealt with by the Tribunal in a proceeding on a review in pursuance of an application under section 107VC is of such importance as to justify him in so doing, determine that the Tribunal, for the purpose of dealing with that matter, shall be constituted by-

(a) the President;

(b) a Deputy President; and

(c) a Services member.


(3) Where a proceeding is a proceeding on a review in pursuance of an application under section 107VD or 107VE, the member referred to in paragraph (c) of sub-section (1) shall be a medical member.


REPATRIATION ACT 1920 - SECT. 107VP.
President responsible for arrangement of business

Inserted by No. 18, 1979, s. 26

SECT

107VP. (1) The President is responsible for the efficient operation of the Tribunal.


(2) The President may give directions-

(a) for the purpose of increasing the efficiency of the operations of the Tribunal; and

(b) as to the arrangement of the business of the Tribunal.


REPATRIATION ACT 1920 - SECT. 107VQ.
Members to constitute Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VQ. (1) The President may give directions, from time to time, as to the persons who are to constitute the Tribunal for the purpose of a particular proceeding or particular proceedings.


(2) A direction under this section-

(a) may specify the particular proceeding or particular proceedings to which it relates; or

(b) may be expressed to relate to such proceedings as the President may allocate from time to time to the Tribunal as constituted by the direction.


REPATRIATION ACT 1920 - SECT. 107VR.
Member ceasing to be member, &c.

Inserted by No. 18, 1979, s. 26

SECT

107VR. (1) Where one of the members constituting the Tribunal by virtue of a direction under section 107VQ ceases to be a member or ceases to be available for the purpose of a proceeding, the President may-

(a) revoke the direction;

(b) whether or not he revokes the direction, re-allocate any proceedings that have been allocated to the Tribunal as constituted in accordance with the direction; or

(c) direct that the 2 remaining members shall be deemed to constitute the Tribunal in accordance with that direction,

as he considers appropriate in the circumstances of the case.


(2) A proceeding shall not be commenced or continued before the Tribunal constituted by 2 members only unless the applicant concerned consents.


(3) Where a direction is given under paragraph (c) of sub-section (1) by reason of a presiding member ceasing to be a member or ceasing to be available for the purpose of a proceeding, the President shall specify in the direction which of the 2 remaining members shall be the presiding member during the period that the direction is in force.


(4) Where a proceeding re-allocated under sub-section (1) had been commenced, but had not been completed, before the re-allocation took place, the Tribunal as constituted for the purpose of that proceeding by virtue of that re-allocation may, in the proceeding before it, have regard to any record of the proceeding before the Tribunal as previously constituted, including a record of any evidence taken in the proceeding before the Tribunal as previously constituted.


REPATRIATION ACT 1920 - SECT. 107VS.
Places of sitting

Inserted by No. 18, 1979, s. 26

SECT

107VS. (1) Sittings of the Tribunal shall be held from time to time as required, and at such places in Australia or in an external Territory as may be convenient.


(2) The President shall notify the Commission and the applicant concerned of the time and place fixed for any hearing of a proceeding.


REPATRIATION ACT 1920 - SECT. 107VT.
Presidential member to preside at hearing

SECT

Division 6-Proceedings before the Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VT. (1) Where the President is included in the members constituting the Tribunal for the purpose of a proceeding, he shall preside at any hearing of the proceeding.


(2) Where the President is not included in the members constituting the Tribunal for the purpose of a proceeding, the Deputy President who is included in those members shall preside at any hearing of the proceeding.


REPATRIATION ACT 1920 - SECT. 107VU.
Parties to proceeding before Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VU. (1) An applicant may-

(a) appear in person, or be represented at his own expense by a person other than a legal practitioner, at any hearing of a proceeding on a review in pursuance of an application made by him; or

(b) if, for any reason, he wishes the review to proceed in his absence, make such submissions, in writing, to the Tribunal as he considers are relevant to the review.


(2) The Commission may be represented at any hearing of a proceeding by a person other than a legal practitioner.


REPATRIATION ACT 1920 - SECT. 107VV.
Procedure of Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VV. (1) The President may give directions as to the procedure of the Tribunal with respect to proceedings before it.


(2) The presiding member in relation to a particular proceeding may, in respect of a matter not dealt with by directions under sub-section (1), give directions (whether in writing or otherwise) as to the procedure to be followed at any hearing of that proceeding.


(3) In giving a direction under this section, the President or a presiding member shall have regard to the need for the proceedings before the Tribunal to be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Tribunal permit.


REPATRIATION ACT 1920 - SECT. 107VW.
Questions to be decided by majority of Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VW. (1) A question before the Tribunal in a proceeding shall be decided according to the opinion of a majority of the members constituting the Tribunal.


(2) Where a Tribunal is constituted for the purposes of a proceeding by 2 members only and the 2 members cannot agree on a question arising in the proceeding, the Tribunal shall adjourn the proceeding and refer the matter to the President for the giving of any necessary directions, or the taking of any other action, under section 107VR.


REPATRIATION ACT 1920 - SECT. 107VX.
Hearings to be in private except in special circumstances

Inserted by No. 18, 1979, s. 26

SECT

107VX. (1) Subject to this section, the hearing of a proceeding shall be in private.


(2) The presiding member may give directions (whether in writing or otherwise) as to the persons who may be present at any hearing of a proceeding.


(3) If requested to do so by the applicant, the presiding member may permit a hearing, or a part of a hearing, of a proceeding to take place in public.


REPATRIATION ACT 1920 - SECT. 107VY.
Powers of Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VY. (1) The Tribunal may-

(a) take evidence on oath or affirmation for the purposes of a proceeding; and (b) adjourn a hearing of a proceeding from time to time.


(2) The presiding member in relation to a proceeding may-

(a) summon a person to appear at any hearing of the proceeding to give evidence and to produce such documents (if any) as are referred to in the summons;

(b) require a person appearing at a hearing of the proceeding for the purpose of giving evidence either to take an oath or to make an affirmation; and

(c) administer an oath or affirmation to a person so appearing.


(3) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the answers he will give to questions asked him will be true.


(4) The power of the Tribunal under paragraph (a) of sub-section (1) to take evidence on oath or affirmation for the purposes of a proceeding may be exercised on behalf of the Tribunal by the presiding member in relation to the proceeding or by another person (whether a member or not) authorized by that presiding member, and that power may be so exercised within or outside Australia, but the Tribunal may direct that the power is to be so exercised subject to limitations specified by the Tribunal.


(5) Where a person other than the presiding member in relation to a proceeding is authorized, in accordance with sub-section (4), to take evidence for the purposes of the proceeding-

(a) the first-mentioned person has, for the purpose of taking that evidence, all the powers of the Tribunal under sub-section (1) and all the powers of the presiding member under sub-section (2); and

(b) for the purpose of the exercise of those powers by the first-mentioned person, this Part has effect (except where the context otherwise requires) as if a reference to the Tribunal, or to the presiding member, in relation to the proceeding included a reference to the first-mentioned person.


REPATRIATION ACT 1920 - SECT. 107VZ.
Request to Secretary for documents, &c.

Inserted by No. 18, 1979, s. 26

SECT

107VZ. (1) The presiding member in relation to a proceeding before the Tribunal may, at any time, request the Secretary-

(a) to forward to the Tribunal further documents in his custody relating to the proceeding;

(b) to obtain, and forward to the Tribunal, further documents relating to the proceeding; or

(c) to arrange for the making of any investigation, or any medical examination, that the presiding member thinks necessary with respect to the proceeding, and to forward to the Tribunal a report of that investigation or examination.


(2) Where a request is made under sub-section (1), the Tribunal shall adjourn any hearing of the proceeding to which the request relates and may, if the proceeding is for the review of a decision with respect to a pension assessment, vary that assessment pending the completion of that proceeding, having regard to the records and evidence on which the Commission or a Board reached that decision.


REPATRIATION ACT 1920 - SECT. 107VZA.
Information may be made available to applicant

Inserted by No. 18, 1979, s. 26

SECT

107VZA. (1) Subject to sub-section (2), the Tribunal shall, so far as is consistent with the interests of an applicant, make available to the applicant, or to a person representing the applicant, any information relating to the claim of the applicant under the control of the Tribunal.


(2) Where information referred to in sub-section (1) was provided on a confidential basis, the Tribunal shall not make the information available in accordance with sub-section (1) unless the person who provided the information gives his consent, in writing, to that course.


REPATRIATION ACT 1920 - SECT. 107VZB.
Rehearing of proceeding of Tribunal on application under section 107VC

SECT

107VZB. Where a decision of the Tribunal on a review pursuant to an application under section 107VC is favourable to the applicant, the Commission may, within 6 months after the service, in accordance with section 107VK, of a copy of that decision on the Commission-

(a) submit to the Tribunal further evidence that the Commission is satisfied is evidence that would have been relevant to the making of a decision in the proceeding before the Tribunal on that review; and

(b) request the Tribunal to rehear that proceeding,

and the Tribunal may, if it thinks fit, rehear that proceeding accordingly.


REPATRIATION ACT 1920 - SECT. 107VZC.
Effect of decision of Tribunal on application under section 107VD

Inserted by No. 18, 1979, s. 26

SECT

107VZC. (1) A decision of the Tribunal on a review pursuant to an application under section 107VD shall, subject to this section and section 107VZD, be binding upon the applicant, the Commission and a Board for a period, being-

(a) where the Tribunal specifies in the decision a period of not more than 3 years commencing on the day of the making of the decision-that period; or

(b) in any other case-a period of 6 months commencing on the day of the making of the decision.


(2) If, during a period referred to in sub-section (1), the applicant is of the opinion that his incapacity has increased, he is entitled to apply to the Commission or a Board for an increase in his pension assessment.


(3) Where the Commission or a Board to whom an application is made under sub-section (2) makes a decision on the application, the applicant may, within 3 months after the service on the applicant, in accordance with section 47A, of a copy of that decision, make application under section 107VD for a review by the Tribunal of that decision.


REPATRIATION ACT 1920 - SECT. 107VZD.
Rehearing of proceeding by Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VZD. (1) Where, within 3 months after the service on an applicant, in accordance with section 107VK, of a copy of a decision of the Tribunal that is adverse to the applicant, the applicant-

(a) satisfies the Tribunal that the applicant, or a person representing the applicant, was unable to make any submission, or present any evidence, to the Tribunal by reason that the applicant or the person representing the applicant was, due to circumstances outside his control, prevented from attending the hearing of the proceeding in which the decision was made; and

(b) requests the Tribunal to rehear that proceeding,

the Tribunal shall rehear that proceeding.


(2) Where, at any time after the service on the Commission, in accordance with section 107VK, of a copy of a decision of the Tribunal, the Commission forms the view that evidence in the proceeding in which the decision was given was false in a material particular, the Commission may refer the matter to the Tribunal, together with a statement of the ground for its opinion, and the Tribunal may, if it thinks fit, rehear that proceeding.


REPATRIATION ACT 1920 - SECT. 107VZE.
Dismissal of application by consent

Inserted by No. 18, 1979, s. 26

SECT

107VZE. Where both the applicant for a review of a decision by the Tribunal and the Commission consent, the Tribunal may dismiss the application without proceeding to review the decision or, if the Tribunal has commenced to review the decision, without completing the review.


REPATRIATION ACT 1920 - SECT. 107VZF.
Date of operation may be specified

SECT

Division 7-Date of Operation of Decisions of the Tribunal and Certain Decisions
of the Commission

Inserted by No. 18, 1979, s. 26

SECT

107VZF. The Tribunal may specify in a decision on a review under this Part, and the Commission may specify in a decision on a review under section 107VL, or on a reconsideration under section 107VM, the date from which the decision is to operate, being a date fixed in accordance with this Division.


REPATRIATION ACT 1920 - SECT. 107VZG.
Limits of retrospective operation

Inserted by No. 18, 1979, s. 26

SECT

107VZG. (1) Subject to sub-section (2)-

(a) a decision of the Tribunal on a review pursuant to an application under section 107VC;

(b) a decision of the Commission on a review under section 107VL following on an application for a review by the Tribunal pursuant to an application under section 107VC; or

(c) a decision of the Commission under section 107VM,

shall not be expressed to operate from-

(d) a date earlier than 3 months before the day on which the relevant claim for pension was lodged;

(e) a date earlier than 6 months before the day on which the application under sub-section (1) of section 107VC was lodged at the appropriate address referred to in section 107VF; or

(f) where the above-mentioned decision (in this paragraph referred to as "the relevant decision ") is-

(i) a decision of the Commission under section 107VM;

(ii) a decision of the Commission on a review under section 107VL following on, or a decision of the Tribunal on, an application for a review by the Tribunal of a decision of the Commission under section 107VM; or

(iii) a decision of the Commission on a review under section 107VL following on, or a decision of the Tribunal on, an application under sub-section (2) of section 107VC for a review by the Tribunal of a decision of the Commission,

a date earlier than 4 years before the day on which the relevant decision is made,

whichever is the latest date.


(2) Paragraph (e) of sub-section (1) does not apply in relation to a decision, if-

(a) the application referred to in that paragraph was lodged at the appropriate address referred to in section 107VF within 3 months after the service on the applicant, in accordance with section 47A, of a copy of the decision of the Commission the review of which was the subject of the application; and

(b) where the decision of the Commission referred to in paragraph (a) was a decision on appeal under section 28 from a decision of a Board-that appeal was lodged within 3 months after the service on the applicant, in accordance with section 47A, of a copy of that decision of the Board.


(3) A decision of the Tribunal on a review pursuant to an application under section 107VD, or a decision of the Commission on a review under section 107VL following on an application for a review by the Tribunal under section 107VD, shall not be expressed to operate from-

(a) where the application follows on a decision of the Tribunal or the Commission granting a claim for a pension-a date earlier than the date from which that decision of the Tribunal or the Commission, as the case may be, operates;

(b) where the application is for a review of a decision-

(i) refusing to alter the existing assessment of the rate of a pension; or

(ii) refusing a claim for a pension on the ground that the incapacity of the member of the Forces is so slight that it does not warrant a pension assessment,

a date earlier than the earliest date from which the Commission or a Board, if it had not made that decision, could have approved of payment of the pension; or

(c) where the application is for a review of a decision cancelling or reducing the rate of a pension-a date earlier than 6 months before the date on which the application was lodged at the appropriate address referred to in section 107VF.


(4) A decision of the Tribunal on a review pursuant to an application under section 107VE, or a decision of the Commission on a review under section 107VL following on an application for a review by the Tribunal under section 107VE, being an application for the review of a decision of the Commission refusing an application for a service pension, shall not be expressed to operate from a date earlier than the earliest date from which the Commission, if it had not refused the application, could have approved of a payment of service pension pursuant to the application.


(5) In this section, "date" includes a date before the commencement of this Part.


REPATRIATION ACT 1920 - SECT. 107VZH.
Appointment of members to Tribunal

SECT

Division 8-Membership of the Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VZH. (1) The members of the Tribunal shall be appointed by the Governor-General.


(2) Of the members other than the President or Deputy President-

(a) such number as the Governor-General may from time to time determine shall be persons selected from lists submitted in accordance with a request made under sub-section (3); and

(b) such number as the Governor-General may from time to time determine shall be persons who are legally qualified medical practitioners.


(3) The Minister may, from time to time, request organizations representing returned soldiers throughout Australia to submit to him lists of names of persons from which the organization concerned recommends that a selection be made of persons to serve as Services members of the Tribunal.


(4) The President shall be appointed as a full-time member.


(5) A member other than the President shall be appointed either as a full-time member or as a part-time member.


REPATRIATION ACT 1920 - SECT. 107VZJ.
Qualifications for appointment of President and Deputy Presidents

Inserted by No. 18, 1979, s. 26

SECT

107VZJ. (1) A person shall not be appointed as the President unless he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years.


(2) A person shall not be appointed as a Deputy President unless-

(a) he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; or

(b) he has obtained a degree in law of a university.


REPATRIATION ACT 1920 - SECT. 107VZK.
Term of appointment

Inserted by No. 18, 1979, s. 26

SECT

107VZK. (1) Subject to this Part, a member holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.


(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as a full-time member, and a person shall not be appointed or re-appointed as a full-time member for a period that extends beyond the date on which he will attain-

(a) in the case of an appointment or a re-appointment to the office of President-the age of 70 years; or

(b) in any other case-the age of 65 years.


REPATRIATION ACT 1920 - SECT. 107VZL.
Remuneration and allowances of members

Inserted by No. 26, 1979, s. 26

SECT

107VZL. (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by that Tribunal is in operation, he shall be paid such remuneration as is prescribed.


(2) A member shall be paid such allowances as are prescribed.


(3) This section has effect subject to the Remuneration Tribunals Act 1973.


REPATRIATION ACT 1920 - SECT. 107VZM.
Acting members

Inserted by No. 18, 1979, s. 26

SECT

107VZM. (1) Subject to sub-section (3), the Minister may appoint a person to act in the place of a member-

(a) during a vacancy in the office of the member; or

(b) during any period, or during all periods, when-

(i) the member is acting in the place of another member in accordance with this section;

(ii) the member, being a full-time member, is absent from duty or from Australia; or

(iii) the member, being a part-time member, is unavailable to perform the duties of his office,

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.


(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.


(3) A person shall not be appointed to act in the place of the President or a Deputy President unless he is qualified, in accordance with section 107VZJ, to be appointed as the President or a Deputy President, as the case may be.


(4) Where a person has been appointed under sub-section (1) to act in the place of a member (in this sub-section referred to as "the absent member ") who is absent or unavailable or acting in the place of another member, the Minister may, by reason of a pending proceeding or other special circumstances, direct, before the absent member ceases to be absent or unavailable or ceases to act in the place of another member, that the person so appointed shall continue to act in the appointment after the absent member ceases to be absent or unavailable or ceases to act in the place of another member until the person so appointed resigns the appointment or the Minister terminates the appointment, but a person shall not continue to act by virtue of this sub-section for more than 12 months after the absent member ceases to be absent or unavailable or ceases to act in the place of another member.


(5) A person acting in the place of the President, a Deputy President or another member has all the powers, and shall perform all the functions and duties, conferred or imposed by this Part on the President, the Deputy President or the other member, as the case may be.


(6) Where the Tribunal as constituted for the purpose of a proceeding includes a person acting or purporting to be appointed under this section, or a person so acting or purporting to be appointed has done any act, the validity of any decision of, or of any direction given or other act done by, the Tribunal as so constituted or of the act done by the person so acting or purporting to be appointed shall not be called in question in any proceeding on the ground that the occasion for the person to act or for the appointment of the person had not arisen or that the occasion for his appointment had passed or his appointment had ceased to have effect.


(7) A person who is appointed under this section may resign that appointment by writing signed by him delivered to the Minister.


(8) The Minister may-

(a) subject to this Part, determine the terms and conditions (including terms and conditions relating to remuneration and allowances) of appointment of a person appointed under this section; and

(b) at any time terminate such an appointment.


REPATRIATION ACT 1920 - SECT. 107VZN.
Leave of absence

Inserted by No. 18, 1979, s. 26

SECT

107VZN. The Minister may grant leave of absence to a full-time member upon such terms and conditions as to remuneration or otherwise as the Minister determines.


REPATRIATION ACT 1920 - SECT. 107VZP.
Resignation

Inserted by No. 18, 1979, s. 26

SECT

107VZP. A member may resign his office by writing signed by him delivered to the Governor-General.


REPATRIATION ACT 1920 - SECT. 107VZQ.
Removal from office

Inserted by No. 18, 1979, s. 26

SECT

107VZQ. (1) The Governor-General may remove a member from office on an address praying for his removal on the ground of proved misbehaviour or incapacity being presented to the Governor-General by each House of the Parliament in the same session of the Parliament.


(2) The Minister may suspend a member from office on the ground of misbehaviour or incapacity.


(3) Where the Minister suspends a member from office, the Minister shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.


(4) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member should be removed from office and, if each House so passes such a resolution, the Governor-General shall remove the member from office.


(5) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the suspension terminates.


(6) The suspension of a member from office under this section does not affect any entitlement of the member to be paid remuneration and allowances.


(7) If-

(a) a member 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) a full-time member engages, without the consent of the Minister, in any paid employment outside the duties of his office,

the Governor-General shall remove that member from office.


(8) The Governor-General may, with the consent of a member who is an eligible employee for the purposes of the Superannuation Act 1976, retire the member from office on the ground of incapacity.


(9) A member shall not be suspended, removed or retired from office except as provided by this section.


REPATRIATION ACT 1920 - SECT. 107VZR.
Application of Superannuation Act and Officers' Rights Declaration Act

Inserted by No. 18, 1979, s. 26

SECT

107VZR. (1) For the purposes of the Superannuation Act 1976, the removal under sub-section (1) of section 107VZQ of this Act of a member from office on the ground of incapacity or the removal under sub-section (4) of that section of a member from office following his suspension from office on that ground, or the retirement under sub-section (8) of that section of a member from office, shall be deemed to be retirement on the ground of invalidity.


(2) Where a full-time member was, immediately before his appointment, an officer of the Australian Public Service or a person to whom the Officers' Rights Declaration Act 1928 applied-

(a) he retains his existing and accruing rights;

(b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service in the Australian Public Service; and

(c) the Officers' Rights Declaration Act 1928 applies as if this Act and this section had been specified in the Schedule to that Act.


REPATRIATION ACT 1920 - SECT. 107VZS.
Delegation

SECT

Division 9-Miscellaneous

Inserted by No. 18, 1979, s. 26

SECT

107VZS. (1) The President may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a Deputy President any of his powers under this Part other than this power of delegation.


(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the President.


(3) A delegation may be made to a Deputy President under this section notwithstanding a delegation to another Deputy President is, or delegations to other Deputy Presidents are, in force under this section.


(4) A delegation under this section does not prevent the exercise of a power by the President.


REPATRIATION ACT 1920 - SECT. 107VZT.
Protection of members and witnesses

Inserted by No. 18, 1979, s. 26

SECT

107VZT. (1) A member has, in the performance of his duties as a member, the same protection and immunity as a Justice of the High Court.


(2) A person representing a party at a hearing of a proceeding before the Tribunal has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.


(3) Subject to this Part, a person summoned to attend, or appearing, before the Tribunal as a witness has the same protection, and is, in addition to the penalties provided by this Part, subject to the same liabilities, as a witness in proceedings in the High Court.


REPATRIATION ACT 1920 - SECT. 107VZU.
Failure of witness to attend

Inserted by No. 18, 1979, s. 26

SECT

107VZU. A person served, as prescribed, with a summons to appear as a witness before the Tribunal shall not, without reasonable excuse-

(a) fail to attend as required by the summons; or

(b) fail to appear and report himself from day to day unless excused, or released from further attendance, by a member.


Penalty: $1,000 or imprisonment for 3 months.


REPATRIATION ACT 1920 - SECT. 107VZV.
Refusal to be sworn or to answer questions

Inserted by No. 18, 1979, s. 26

SECT

107VZV. A person appearing as a witness before the Tribunal shall not, without reasonable excuse-

(a) when required in pursuance of section 107VY either to take an oath or make an affirmation-refuse or fail to comply with the requirement;

(b) refuse or fail to answer a question that he is required to answer by the presiding member; or

(c) refuse or fail to produce a document that he is required to produce by a summons under this Part served on him as prescribed.


Penalty: $1,000 or imprisonment for 3 months.


REPATRIATION ACT 1920 - SECT. 107VZW.
Contempt of Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VZW. A person shall not-

(a) insult a member in or in relation to the exercise of his powers or functions as a member;

(b) interrupt the proceedings of the Tribunal;

(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Tribunal is sitting; or

(d) do any other act or thing that would, if the Tribunal were a court of record, constitute a contempt of that court.


Penalty: $1,000 or imprisonment for 3 months.


REPATRIATION ACT 1920 - SECT. 107VZX.
Payments of expenses and allowances in respect of attendances

Inserted by No. 18, 1979, s. 26

SECT

107VZX. (1) An applicant is entitled, if he attends at a hearing of a proceeding on a review pursuant to his application before the Tribunal, to receive-

(a) such expenses in connection with his attendance; and

(b) 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.


(2) Subject to such conditions as the Commission determines, an attendant who accompanies an applicant referred to in sub-section (1) to a hearing of a proceeding is entitled to be paid-

(a) such expenses in connection with his accompanying the applicant; and

(b) 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 applicant,

as the Commission considers reasonable.


(3) Where the Tribunal is of the opinion that an application made by an applicant is frivolous, it may declare that neither the applicant nor any attendant accompanying him is entitled to receive any payment under this section in connection with a hearing of the proceeding on a review pursuant to his application before the Tribunal.


REPATRIATION ACT 1920 - SECT. 107VZY.
Fees for witnesses

Inserted by No. 18, 1979, s. 26

SECT

107VZY. (1) A person summoned to appear as a witness at a hearing before the Tribunal is entitled to be paid fees, and allowances for expenses, fixed by or in accordance with the regulations in respect of his attendance.


(2) Subject to sub-section (3), the fees and allowances shall be paid-

(a) in a case where the witness was summoned at the request of the applicant-by that applicant; and

(b) in any other case-by the Commonwealth.


(3) The Tribunal may, in its discretion, order that the fees and allowances of a witness referred to in paragraph (a) of sub-section (2) shall be paid, in whole or in part, by the Commonwealth.


REPATRIATION ACT 1920 - SECT. 107VZZ.
Staff to assist President

Inserted by No. 18, 1979, s. 26

SECT

107VZZ. Any staff required to assist the President shall be persons appointed or employed under the Public Service Act 1922.


REPATRIATION ACT 1920 - SECT. 107VZZA.
Annual report

Inserted by No. 18, 1979, s. 26

SECT

107VZZA. (1) The President shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Tribunal during that year.


(2) The Minister shall cause the report of the Tribunal to be laid before each House of the Parliament within 15 sitting days of that House after the receipt of the report by the Minister.


REPATRIATION ACT 1920 - SECT. 107VZZB.
Reference of decisions to Administrative Appeals Tribunal

SECT

PART IIIB-REVIEW OF DECISIONS OF COMMISSION BY ADMINISTRATIVE APPEALS
TRIBUNAL

Part IIIB inserted by No. 18, 1979, s. 26 Inserted by No. 18, 1979, s. 26

SECT

107VZZB. (1) At any time after the receipt by the President of the Repatriation Review Tribunal of an application for a review by that Tribunal under Part IIIA of a decision of the Commission, the President may, if he considers that the decision involves an important principle of general application with respect to entitlement to, or assessment of, pension under this Act, refer the decision to the President of the Administrative Appeals Tribunal, together with a statement of his reasons for so concluding, with a request for a review by that Tribunal of that decision.


(2) Where the President of the Repatriation Review Tribunal makes a reference under sub-section (1), the Tribunal shall not commence any hearing of the proceeding before it with respect to the decision the subject of that reference, or, if it has commenced such a hearing, shall adjourn that hearing.


(3) At any time during the hearing of a proceeding before the Repatriation Review Tribunal under Part IIIA, the applicant or the Commission may make an application to the Tribunal requesting that-

(a) where the decision to which the proceeding relates is a decision of the Commission-the decision be referred for review by the Administrative Appeals Tribunal; or

(b) in any other case-the decision to which the proceeding relates be referred to the Commission with a request that it review the decision,

and, if such an application is made, the person making the application shall furnish to the Tribunal, when making the application, a statement of the reasons for making the application.


(4) Where an application is made under sub-section (3), the Repatriation Review Tribunal shall adjourn the hearing of the proceeding before it and shall-

(a) where the application relates to a decision of the Commission-refer the application to the President of the Repatriation Review Tribunal; or

(b) in any other case-request the Commission to review the decision the subject of the application.


(5) Within 3 months after the service on the applicant, in accordance with section 47A, of a copy of the decision of the Commission on a review under sub-section (4) the applicant may notify the President of the Repatriation Review Tribunal requesting that the decision of the Commission be referred for review by the Administrative Appeals Tribunal.


(6) If no notification by an applicant referred to in sub-section (5) is received by the President of the Repatriation Review Tribunal within the period referred to in that sub-section, the President shall treat the application concerned as having lapsed.


(7) The President of the Repatriation Review Tribunal shall consider any application under sub-section (4), or any notification under sub-section (5), received by him and shall-

(a) if he considers that the decision the subject of the application or notification involves an important principle of general application with respect to entitlement to, or assessment of, pension under this Act-refer that decision to the President of the Administrative Appeals Tribunal, together with a statement of his reasons for so concluding and particulars of any submissions made in support of the application or the notification (including a copy of the statement of the reasons of the applicant furnished under sub-section (3)), with a request for a review by that Tribunal of that decision; and

(b) in any other case-refuse the request for such a review, and notify the applicant accordingly, including in the notification a statement of his reasons for his refusal.


(8) Where the President of the Administrative Appeals Tribunal receives a request under sub-section (1) or (7) for a review by that Tribunal of a decision, he shall-

(a) direct the review by that Tribunal, in accordance with the Administrative Appeals Tribunal Act 1975, of that decision; and

(b) notify the President of the Repatriation Review Tribunal accordingly.


(9) In a direction under sub-section (8), the President of the Administrative Appeals Tribunal may indicate his intention to nominate the President of the Repatriation Review Tribunal as one of the persons to constitute the Administrative Appeals Tribunal for the purposes of the proceeding before the Administrative Appeals Tribunal on the review to which the direction relates and, if he does so, the President of the Repatriation Review Tribunal shall, with respect to that proceeding, be deemed to be a non-presidential member of the Administrative Appeals Tribunal for the purposes of the Administrative Appeals Tribunal Act 1975.


(10) Where the President of the Repatriation Review Tribunal receives a notification under sub-section (8), he shall forward to the Administrative Appeals Tribunal all documents and other records relating to the proceeding before the Repatriation Review Tribunal with respect to the decision the subject of the notification.


(11) In a proceeding before the Administrative Appeals Tribunal on a review of a decision in accordance with a direction under sub-section (8), the Tribunal may, for the purpose of that proceeding, have regard to any record of the proceeding before the Repatriation Review Tribunal with respect to that decision, including a record of any evidence taken in that last-mentioned proceeding.


REPATRIATION ACT 1920 - SECT. 107VZZC.
Constitution of Administrative Appeals Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VZZC. (1) For the purpose of the exercise of its powers in relation to a review under this Part, the Administrative Appeals Tribunal shall be constituted by-

(a) a presidential member and 2 non-presidential members; or

(b) a presidential member alone.


(2) In this section, "non-presidential member" and "presidential member" have the same respective meanings as they have in the Administrative Appeals Tribunal Act 1975.


REPATRIATION ACT 1920 - SECT. 107VZZD.
Additional powers of Administrative Appeals Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VZZD. (1) In addition to the powers conferred on it by section 43 of the Administrative Appeals Tribunal Act 1975, the Administrative Appeals Tribunal may, in a proceeding on a review in accordance with a direction under sub-section (8) of section 107VZZB, at any time remit the review the subject of the proceeding to the Repatriation Review Tribunal.


(2) Where the Administrative Appeals Tribunal remits a review to the Repatriation Review Tribunal under sub-section (1), the Administrative Appeals Tribunal may give directions in relation to that review to the Repatriation Review Tribunal, and the Repatriation Review Tribunal shall, in conducting the review so remitted, comply with those directions.


(3) Where, under sub-section (1), a review is remitted by the Administrative Appeals Tribunal to the Repatriation Review Tribunal, the Repatriation Review Tribunal may, for the purpose of the proceeding before it on that review, have regard to any record of the proceeding before the Administrative Appeals Tribunal in which the review was so remitted, including a record of any evidence taken in that last-mentioned proceeding.


REPATRIATION ACT 1920 - SECT. 107VZZE.
Reference to decisions of Repatriation Review Tribunal to be read as
including
reference to decisions of Administrative Appeals Tribunal, &c.

Inserted by No. 18, 1979, s. 26

SECT

107VZZE. In Part IIIA (other than section 107VK)-

(a) a reference to a decision of the Repatriation Review Tribunal shall be read as including a reference to a decision of the Administrative Appeals Tribunal on a review in accordance with a direction under sub-section (8) of section 107VZZB;

(b) a reference to the Repatriation Review Tribunal shall, in relation to a decision of the Administrative Appeals Tribunal referred to in paragraph (a), be read as a reference to the Administrative Appeals Tribunal; and

(c) a reference to the service, in accordance with section 107VK, of a copy of a decision shall, in relation to a decision of the Administrative Appeals Tribunal referred to in paragraph (a) of this sub-section, be read as a reference to the service, in accordance with sub-section (3) of section 43 of the Administrative Appeals Tribunal Act 1975, of a copy of that last-mentioned decision.


REPATRIATION ACT 1920 - SECT. 107VZZF.
Effect of decision of Administrative Appeals Tribunal on proceeding before
Repatriation Review Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VZZF. Where the Administrative Appeals Tribunal decides a review under this Part without exercising the power conferred on it by section 107VZZD to remit the review to the Repatriation Review Tribunal, the proceeding before the Repatriation Review Tribunal with respect to the decision the subject of the review by the Administrative Appeals Tribunal shall be deemed to have been closed.


REPATRIATION ACT 1920 - SECT. 107VZZG.
Reference of questions of law to Federal Court of Australia

SECT

PART IIIC-REFERENCES AND APPEALS FROM THE REPATRIATION REVIEW TRIBUNAL TO THE
FEDERAL COURT

Part IIIC inserted by No. 18, 1979, s. 26 Inserted by No. 18, 1979, s. 26

SECT

107VZZG. (1) The Tribunal may, of its own motion or at the request of the applicant or the Commission, refer a question of law arising in a proceeding before the Tribunal to the Federal Court of Australia for decision but a question shall not be so referred without the concurrence of the President of the Tribunal.


(2) The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it under this section and that jurisdiction shall be exercised, subject to sub-section (3), by a single Judge.


(3) The Chief Judge of the Federal Court of Australia may, if in his opinion a question of law referred to the Court under this section involves the determination of a matter of sufficient importance, direct that, for the purpose of the determination of that question, the Court shall be constituted by not less than 3 Judges.


(4) Where a question of law arising in any proceeding has been referred to the Federal Court of Australia under this section, the Tribunal shall not, in that proceeding-

(a) give a decision to which the question is relevant while the reference is pending; or

(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court of Australia on the question.


REPATRIATION ACT 1920 - SECT. 107VZZH.
Appeal to Federal Court of Australia from decisions of the Tribunal

Inserted by No. 18, 1979, s. 26

SECT

107VZZH. (1) An applicant in a proceeding before the Tribunal or the Commission may appeal to the Federal Court of Australia, on a question of law, from any decision of the Tribunal in that proceeding.


(2) An appeal by an applicant or the Commission under sub-section (1) shall be instituted-

(a) not later than the twenty-eighth day after the day on which a copy of the decision of the Tribunal is served on the applicant, or a person authorized by the applicant, or on the Commission, as the case may be, or within such further time as the Federal Court of Australia (whether before or after the expiration of that day) allows; and

(b) in such manner as is prescribed by Rules of Court made under the Federal Court of Australia Act 1976.


(3) The Federal Court of Australia has jurisdiction to hear and determine appeals instituted in that Court in accordance with sub-section (1).


(4) The Federal Court of Australia shall hear and determine the appeal and may make such order as it thinks appropriate by reason of its decision.


(5) Without limiting by implication the generality of sub-section (4), the orders that may be made by the Federal Court of Australia on an appeal include an order affirming or setting aside the decision of the Tribunal and an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the Tribunal in accordance with the directions of the Court.


REPATRIATION ACT 1920 - SECT. 107VZZJ.
Documents to be sent to Federal Court of Australia

Inserted by No. 18, 1979, s. 26

SECT

107VZZJ. Where a question of law is referred to the Federal Court of Australia in accordance with section 107VZZG or an appeal is instituted in that Court in accordance with section 107VZZH-

(a) the Tribunal shall cause to be sent to that Court all documents and other records relating to the proceeding before the Tribunal to which the reference or appeal relates; and

(b) at the conclusion of the proceeding before the Federal Court of Australia with respect to the reference or appeal, that Court shall cause the documents and other records to be returned to the Tribunal.


REPATRIATION ACT 1920 - SECT. 107VZZK.
Costs in connection with references and appeals to the Federal Court of
Australia

Inserted by No. 18, 1979, s. 26

SECT

107VZZK. (1) Where a question of law is referred to the Federal Court of Australia in accordance with section 107VZZG, the approved costs of the applicant in connection with that reference shall be borne by the Commonwealth.


(2) Where an appeal is instituted in the Federal Court of Australia by the Commission in accordance with section 107VZZH, the approved costs of the applicant in connection with that appeal shall be borne by the Commonwealth.


(3) Where an appeal is instituted in the Federal Court of Australia by an applicant in accordance with section 107VZZH, that Court may, in its discretion, make such order as to the costs in the appeal as it considers just.


(4) In this section, "approved costs ", in relation to an applicant in connection with a reference or an appeal, means-

(a) where the amount of the costs of the applicant in connection with the reference or appeal is the subject of an agreement between the applicant and the Commission-the amount of costs so agreed; or

(b) in any other case-the taxed costs of the applicant in connection with that reference or appeal.


(5) An applicant referred to in sub-section (4) may, for the purposes of that sub-section, request the Federal Court of Australia to direct the taxation of his costs in connection with a reference or appeal.


REPATRIATION ACT 1920 - SECT. 107VZZL.
Legal assistance

Inserted by No. 18, 1979, s. 26

SECT

107VZZL. (1) Where an applicant has instituted, or proposes to institute, an appeal in the Federal Court of Australia in accordance with section 107VZZH, the applicant may apply to the Attorney-General for the provision of assistance under this section in respect of the proceeding.


(2) Where an application is made by an applicant under sub-section (1), the Attorney-General may, if he is satisfied that it would involve hardship to the applicant to refuse the application and that, in all the circumstances, it is reasonable that the application should be granted, authorize the provision by the Commonwealth to the applicant, either unconditionally or subject to such conditions as the Attorney-General determines, of such legal or financial assistance in relation to the proceeding as the Attorney-General determines.


REPATRIATION ACT 1920 - 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; No. 27, 1973, s. 9

SECT

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; No. 216, 1973, s. 3

SECT

(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; No. 216, 1973, s. 3

SECT

(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

SECT

(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; No. 27, 1973, s. 9

SECT

(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

SECT

(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

SECT

(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 - 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

SECT

(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; No. 27, 1973, s. 9

SECT

(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

SECT

(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

SECT

(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

SECT

(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

SECT

(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

SECT

(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 - SECT. 110A.
Voluntary winding-up of affairs of Local Committee

Inserted by No. 31, 1954, s. 14

SECT

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 - SECT. 111.
Arrangements with States for employment of State officers

Sub-section (1) amended by No. 216, 1973, s. 3

SECT

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

SECT

(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 - 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 - SECT. 113.
Moneys to be appropriated

Amended by No. 22, 1943, s. 52; No. 27, 1973, s. 9

SECT

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 - SECT. 114.
Contributions

Substituted by No. 34, 1950, s. 50

SECT

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 - SECT. 114A.
Acceptance of trusts

Inserted by No. 34, 1950, s. 50

SECT

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 - 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 - 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 - SECT. 118.
Improper use of gifts or loans

Amended by No. 34, 1950, s. 51; No. 42, 1966, s. 12

SECT

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 - SECT. 118A.
Regulations

Inserted by No. 74, 1947, s. 3 Sub-section (1) amended by No. 42, 1966, s. 12

SECT

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

SECT

(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 1910-1934 or the Air Force Act 1923-1941, whether in Australia or overseas, and the Australian Army Nursing Service.


REPATRIATION ACT 1920 - SECT. 119.
Arrangements with Governments of other parts of the Queen's dominions

SECT

PART V-MISCELLANEOUS*9*

Substituted by No. 69, 1953, s. 22

SECT

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.


*9* Part V (Ss. 119-124)-As to the interpretation of certain words and phrases in this Part, see secction 108.

REPATRIATION ACT 1920 - SECT. 120.
Service pensions for South African Veterans

Inserted by No. 49, 1941, s.7; amended by No. 47, 1958, s.17; No. 27, 1973, s. 9

SECT

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 or in relation to a member of the Forces, 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 - SECT. 120A.
Post mortem examination

Inserted by No. 58, 1952, s. 16

SECT

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

SECT

(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

SECT

(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

SECT

(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 - SECT. 120AA.
Recovery of overpayments

Inserted by No. 47, 1963, s. 21

SECT

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 - SECT. 120B.
Deduction from pensions, allowances or benefits of certain amounts

Inserted by No. 58, 1952, s. 16 Sub-section (1) amended by No. 129, 1980, s. 7

SECT

120B. (1) Where, by virtue of an assessment, decision or determination made under this Act or the regulations, 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 the regulations 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

SECT

(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; No. 27, 1973, s. 9; No. 129, 1978, s. 18

SECT

(3) Where-

(a) pension, allowance or benefit under the Social Services Consolidation Act 1947,*5* 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, a prescribed sustenance allowance or any other allowance under the regulations that is prescribed for the purposes of this sub-section 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,*5* 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, the sustenance allowance or the other allowance under the regulations,

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

SECT

(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.


*5* Ss. 25 (2) and 120B (3) - Now cited as Social Services Act 1947.

REPATRIATION ACT 1920 - SECT. 120C.
Payment of pension, &c., on death of pensioner, &c.

Inserted by No. 2, 1973, s. 19

SECT

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 - SECT. 120D.
Establishment of hospitals, &c.

Inserted by No. 104, 1973, s. 19

SECT

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 - SECT. 121.
Furnishing of information

Inserted by No. 58, 1935, s. 26; amended by No. 42, 1966, s. 12

SECT

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 - 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 - 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 - SECT. 123A.
Modification of certain other laws

Substituted by No. 112, 1976, s. 19

SECT

123A. (1) Regulation 66 of the Repatriation Regulations in force under this Act does not apply in relation to a person by reason that the person is receiving a service pension where the person is a prescribed person within the meaning of section 123AB of this Act.


(2) Regulation 179A of the Repatriation Regulations in force under this Act has effect as if-

(a) "deceased pensioner" as defined by that regulation did not include a deceased person who was, at the time of his death, a prescribed person within the meaning of section 123AB of this Act;

(b) "pensioner" as defined by that regulation did not include a prescribed person within the meaning of section 123AB of this Act;

(c) the reference in sub-regulation (4) of that regulation to a person in receipt of a service pension as the wife of a member of the Forces did not include a reference to a prescribed person within the meaning of section 123AB of this Act; and

(d) the reference in paragraph (b) of sub-regulation (5) of that regulation to a person in receipt of an age or invalid pension or a wife's pension or a widow's pension did not include a reference to a prescribed person within the meaning of section 123AB of this Act.


REPATRIATION ACT 1920 - SECT. 123AB.
Prescribed persons

Inserted by No. 112, 1976, s. 19

SECT

123AB. (1) For the purposes of section 123A, a reference to a prescribed person shall be read as a reference to a person (other than a person who is permanently blind) whose annual rate of income equals or exceeds the prescribed rate of income applicable to him.


Amended by No. 124, 1979, s. 13

SECT

(2) For the purposes of this section but subject to sub-sections (3) and (4), the prescribed rate of income applicable to a person is-

(a) in the case of an unmarried person-$2,080 per annum; or

(b) in the case of a married person-$1,768 per annum.


(3) Where a person has the custody, care and control of a child or children, the prescribed rate of income applicable to the person by virtue of sub-section (2) shall be increased-

(a) if the person is unmarried-by $572 per annum; or

(b) if the person is married-by $416 per annum,

in respect of each child.


(4) Where an unmarried person has the custody, care and control of a child or children, the prescribed rate of income applicable to the person by virtue of sub-sections (2) and (3) shall be further increased-

(a) if that child or at least 1 of those children, as the case may be, is-

(i) under the age of 6 years; or

(ii) an invalid who, in the opinion of the Commission, requires full-time care and attention,

by $312 per annum; or

(b) in any other case-by $208 per annum.


Inserted by No. 129, 1978, s. 19

SECT

(4A) For the purposes of sub-sections (3) and (4), a child referred to in paragraph (b) of the definition of "child" in sub-section (6) in relation to a person shall be deemed to be a child of whom the person has the custody, care and control.


Sub-section (5) omitted by No. 129, 1980, s. 8
* * * * * * * *

Amended by No. 129, 1978, s. 19; No. 129, 1980, s. 8

SECT

(6) In this section-

"child" in relation to a person, means-

(a) a person who-

(i) is under the age of 16 years; and

(ii) is in the custody, care and control of the first-mentioned person; or

(b) a person who-

(i) has attained the age of 16 years but is under the age of 25 years;

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

(iii) is not in receipt of an invalid pension under Part III of the Social Services Act 1947; and

(iv) is wholly or substantially dependent on the first-mentioned person;

"income" means-

(a) in relation to a service pensioner-income calculated in relation to the pensioner for the purposes of the operation of section 87; or

(b) in relation to a person other than a service pensioner-income equal to the income that would be calculated in relation to the person for the purposes of the operation of section 87 if the person were a service pensioner;

"married person" means a person in relation to whose income sub-section (2) of section 87 applies, or would apply if the person were a service pensioner;

"unmarried person" means a person who is not a married person, and includes a widower or widow and a person whose marriage has been dissolved but has not remarried;

"wife" includes a woman who has lived with a man (in this section referred to as her husband) as his wife on a permanent and bona fide domestic basis, although not legally married to him, for not less than 3 years immediately preceding the operation of this section in relation to that woman or that man.


REPATRIATION ACT 1920 - SECT. 123AC.
Address of Secretary for forwarding claims, &c.

Inserted by No. 56, 1977, s 18

SECT

123AC. (1) For the purposes of this Act or a related Act, a person may forward a claim, application, notification or other document to the Secretary at-

(a) where the person resides in a State-the address, or any address, of the Department in the State; or

(b) in any other case-the appropriate address in accordance with the regulations.


(2) In this section, "related Act" means-

(a) the Interim Forces Benefits Act 1947;

(b) the Repatriation (Far East Strategic Reserve) Act 1956; or

(c) the Repatriation (Special Overseas Service) Act 1962.


REPATRIATION ACT 1920 - SECT. 123B.
Interpretation

Inserted by No. 104, 1973, s. 21

SECT

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 - SECT. 124.
Regulations

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; No. 104, 1973, ss. 22 and 28

SECT

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);

* * * * * * * *

SECT


(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; amended by No. 35, 1975, s. 9; No. 124, 1979, s. 14

SECT

(1AA) The power to make regulations conferred by sub-section (1) extends to-

(a) the making of regulations with respect to-

(i) members of the Forces of a Commonwealth country, within the meaning of Division 5A of Part III, and to the wives and children, as defined in sub-section (1) of section 83, of those members;

(ia) members of the Forces of an allied country, within the meaning of Division 5B of Part III, and the wives and children, as defined in sub-section (1) of section 83, of those members; and

(ii) 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; amended by No. 90, 1974, s. 18

SECT

(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; and

(ii) persons referred to in sub-section (1AA); 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

SECT

(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

SECT

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

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

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

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


Inserted by No. 105, 1964, s. 19

SECT

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

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

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

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


Substituted by No. 90, 1974, s. 18

SECT

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

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

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

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

(iii) would be so liable but for 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; or

(b) medical treatment for a member of the Forces, including a member of the Forces within the meaning of Division 10 of Part III, in respect of malignant neoplasia.


Added by No. 68, 1956, s. 15

SECT

(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.


-----------

REPATRIATION ACT 1920 - SCHEDULE 1

Heading ''The Schedules'' omitted by No. 104, 1973, s. 28; Schedule 1 (formerly First Schedule) substituted by No. 58, 1952, s. 17; Heading to Schedule 1 substituted by No. 104, 1973, s. 28; Schedule 1 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; No. 104, 1973, ss. 23 and 28; No. 3, 1974, s. 11; No. 24, 1974, s. 4; No. 90, 1974, s. 19; No. 35, 1975, s. 10; No. 111, 1975, s. 7; No. 27, 1976, s. 4; No. 112, 1976, s. 20; No. 129, 1978, s. 20

SCH

SCHEDULE 1
Section 35
GENERAL PENSIONS RATES

TABLE OF PENSIONS PAYABLE, SUBJECT TO SCHEDULE 3, 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 Pension payable
Widowed Mother on to Widow on Death to Member on
Death of Member of Member Total Incapacity
------------------------------------------------------------------------------ --
$ $ $
Per fortnight Per fortnight Per fortnight

17 106.40 76.90
------------------------------------------------------------------------------ --

* * * * * * * *

SCH

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.


* * * * * * * *

SCH

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 $140.30.

-----------

REPATRIATION ACT 1920 - SCHEDULE 2

Heading to Schedule 2 (formerly Second Schedule) substituted by No. 104, 1973, s. 28; Schedule 2 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; No. 104, 1973, s. 24; No. 3, 1974, s. 12; No. 90, 1974, s. 20; No. 35, 1975, s. 11; No. 111, 1975, s. 8; No. 27, 1976, s. 5; No. 112, 1976, s. 21; No. 129, 1978, s. 21; No. 124, 1979, s. 15; No. 29, 1980, s. 9

SCH

SCHEDULE 2

RATE FOR SPECIAL PENSIONS $203.80 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).


* * * * * * * *

SCH

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 Schedule 3 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 $38.64 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 $77.30 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 - SCHEDULE 3

Heading to Schedule 3 (formerly Third Schedule) substituted by No. 104, 1973, s. 28

SCH

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; No. 104, 1973, s. 25; No. 90, 1974, s. 21; No. 124, 1979, s. 16; No. 129, 1980, s. 10

SCH

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
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 $55.20 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 $55.20 per fortnight
(c) in any other case $27.60 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
------------------------------------------------------------------------------ --
Substituted by No. 58, 1952, s. 19; amended by No. 47, 1958, s. 20; No. 62,

SCH

1964, s. 6; No. 42, 1966, s. 12; No. 2, 1973, s. 22; 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
------------------------------------------------------------------------------ --
Substituted by No. 34, 1950, s. 57; amended by No. 104, 1973, s. 28

SCH

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 - SCHEDULE 4

Heading to Schedule 4 (formerly Fourth Schedule) substituted by No. 104, 1973, s. 28; Schedule 4 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; No. 104, 1973, s. 28

SCH

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
Loss of leg or foot . . . . . . . . . . . . . . . . 100 for first six months 75 thereafter
Loss of arm or hand . . . . . . . . . . . . . . . . 100 for first six months 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 - SCHEDULE 5

Schedule 5 (formerly Fifth Schedule) substituted by No. 34, 1950, s. 59; Heading to Schedule 5 substituted by No. 104, 1973, s. 28; Schedule 5 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. 23; No. 27, 1973, s. 9; No. 104, 1973, ss. 26 and 28; No. 3, 1974, s. 13; No. 90, 1974, s. 22; No. 35, 1975, s. 12; No. 111, 1975, s. 9; No. 27, 1976, s. 6; No. 112, 1976, s. 22; No. 129, 1978, s. 22; No. 124, 1979, s. 17; No. 129, 1980, s. 11

SCH

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 . . . . . . . . . . . . . . . . . . . . 126.90 77.30 Two legs and one arm amputated . . . . . . . . . . . . . . 126.90 38.64 Two legs amputated above the knee . . . . . . . . . . . . . 126.90 38.64 Two legs amputated and loss of eye . . . . . . . . . . . . 126.90 . . One arm and one leg amputated and one eye destroyed . . . . 126.90 . . One leg and one arm amputated . . . . . . . . . . . . . . . 126.90 . . One leg amputated above, and one leg amputated below, the
knee . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.60 . . Two legs amputated below the knee . . . . . . . . . . . . . 34.80 . . One arm amputated and one eye destroyed . . . . . . . . . . 30.00 . . One leg amputated and one eye destroyed . . . . . . . . . . 30.00 . . One leg amputated above the knee . . . . . . . . . . . . . 14.90 . . One leg amputated below the knee . . . . . . . . . . . . . 7.90 . . One arm amputated above the elbow . . . . . . . . . . . . . 14.90 . . One arm amputated below the elbow . . . . . . . . . . . . . 7.90 . . Loss of vision in one eye . . . . . . . . . . . . . . . . . 11.60 . . ------------------------------------------------------------------------------ --
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 as the Rate for Special Pensions, the amount per fortnight payable to him under this
Schedule shall be reduced by the amount of the excess.

-----------


Schedule 6 repealed by No. 3, 1974, s. 14; Schedule 7 repealed by No. 112, 1976, s. 23
* * * * * * * *

SCH

-----------

------------------------------------------------------------------------------ --
July 1975 (see s. 2 (1) and Gazette 1975, No. S122, p. 1) Remainder: Royal Assent - Repatriation Acts Amendment Act (No. 2) 1975 111, 1975 27 Oct 1975 27 Oct 1975 S. 13 Repatriation Acts Amendment Act 1976 27, 1976 30 Apr 1976 30 Apr 1976 S. 10 Administrative Changes (Consequential Provisions) Act 1976 91, 1976 20 Sept 1976 20 Sept 1976 (n) S. 4 Repatriation Acts Amendment Act (No. 2) 1976 112, 1976 29 Oct 1976 Ss. 7-11, 14-16, 19 and 23: 25 Nov 1976 Remainder: Royal Assent Ss. 24, 25 and 30 Repatriation Acts Amendment Act 1977 56, 1977 16 June 1977 Ss. 1-3 and 12: Royal Assent Remainder: 1 Oct 1977 Ss. 7 (2) and 12 (2) Repatriation Acts Amendment Act 1978 129, 1978 26 Oct 1978 Ss. 5-11, 13, 17, 20-22, 24, 27, 31, 33, 34, 36 and 37-42: 1 Nov 1978 Remainder: Royal Assent Ss. 12 (2) and (3), 19 (2) and 37-42 Public Service Amendment Act 1978 170, 1978 28 Nov 1978 S. 42: (see Note 3) - Repatriation Acts Amendment Act 1979 18, 1979 28 Mar 1979 Ss. 1-3, 4 (a) and 26: Royal Assent Remainder: 1 July 1979 Ss. 47-52 Repatriation Acts Amendment Act (No. 2) 1979 124, 1979 29 Oct 1979 S. 13: 1 Nov 1979 Ss. 6 and 20: 2 Nov 1979 S. 11: (see Note 7) Remainder: Royal Assent S. 22 Repatriation Acts Amendment Act 1980 129, 1980 19 Sept 1980 Ss. 1-3, 4 (1), 5, 12, 14 and 16: Royal Assent S. 8: 1 Jan 1981 Remainder: 1 Nov 1980 Ss. 6 (2)-(4) and 16 ---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976. (b) 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. (c) Sub-section 13 (2) of the Australian Soldiers' Repatriation Act 1934 provides as follows: "(2) The amendments effected by paragraphs (a) and (b), and paragraph (d) inserted in the proviso to the Fifth Schedule to the Principal Act by paragraph (e), of sub-section (1) of this section shall be deemed to have commenced on the eighteenth day of October One thousand nine hundred and twenty-two." (d) Sub-section 8 (2) of the Australian Soldiers' Repatriation Act 1941 provides as follows: "(2) This section, except to the extent to which it inserts paragraph (f) in section sixty of the Principal Act, shall be deemed to have come into operation on the first day of July, One thousand nine hundred and forty-one, and, to the extent to which it inserts paragraph (f) in section sixty of the Principal Act, shall be deemed to have come into operation on the first day of November, One thousand nine hundred and forty-one." (e) Section 2 of the Australian Soldiers' Repatriation Act 1950 specifies the following dates for the commencement of certain amendments: The amendments made by sections 12 (a) and (f), 20-23, 33 (a) and (c), 36, 37 and 55-61: 2 November 1950. The amendments made by section 33 (b): 13 July 1950. Section 45 (2) inserted in the Principal Act by section 25: 2 November 1950. Sections 42, 44 and 50 inserted in the Principal Act by sections 24, 25 and 28 respectively: 27 June 1950. (f) Sub-sections 3 (3), 19 (2) and 21 (2) of the Repatriation Act 1953 provide as follows: "3. (3) The amendment effected by paragraph (a) of sub-section (1) of this section shall be deemed to have come into operation on the second day of October, One thousand nine hundred and fifty-two." "19. (2) The amendment effected by the last preceding sub-section shall be deemed to have come into operation on the second day of October, One thousand nine hundred and fifty-two." "21. (2) The amendment effected by the last preceding sub-section shall be deemed to have come into operation on the twenty-seventh day of June, One thousand nine hundred and fifty." (g) Sub-section 2 (2) of the Repatriation Act 1963 provides as follows: "(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." The date fixed was 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 virtue of section 24 of the Repatriation Act 1973 the amendments made by sections 20, 21 and 23 of that Act were deemed to have come into operation on 7 December 1972. (m) By virtue of sub-section 13 (1) (a) of the Repatriation Acts Amendment Act 1975 the amendments made by Part II (in so far as they affect instalments of pensions) of that Act were deemed to have come into operation on 8 May 1975. (n) By virtue of sub-section 2 (7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendments made by that Act to the Repatriation Act 1920 are deemed to have come into operation on 22 December 1975.

REPATRIATION ACT 1920 - EXTRACT FROM PUBLIC SERVICE AMENDMENT ACT 1978
Amendments of Repatriation Act 1920

SECT

EXTRACT FROM PUBLIC SERVICE AMENDMENT ACT 1978
42. (1) Section 8A of the Repatriation Act 1920 is amended-

(a) by omitting from paragraph (d) "and "; and

(b) by omitting paragraph (e) and substituting the following paragraphs:

"(e) subject to this section, the provisions of this Act other than the provisions of section 9 apply to and in relation to him as chairman of the Commission; and "(f) the provisions of Part IV of the Public Service Act 1922 do not apply to or in relation to him in respect of his appointment as chairman of the Commission. ".


(2) Section 21 of the Repatriation Act 1920 is amended-

(a) by omitting from sub-section (1) all the words from and including "The Commissioners" to and including "and if an officer" and substituting "If an officer "; and

(b) by omitting from that sub-section "Public Service of the Commonwealth" (last occurring) and substituting "Australian Public Service ".


(z)(3) Section 63 of the Repatriation Act 1920 is amended-

(a) by omitting from sub-section (1) all the words from and including "The members" to and including "but if" and substituting "If "; and

(b) by omitting from that sub-section "Public Service of the Commonwealth" (wherever occurring) and substituting "Australian Public Service ".


--------

NOTE TO EXTRACT

(z) Section 63 has since been repealed by section 15 of the Repatriation Acts Amendment Act 1979.


REPATRIATION ACT 1920 - EXTRACT FROM REPATRIATION ACTS AMENDMENT ACT (No. 2)
1979 Service pensioner in a public institution

SECT

EXTRACT FROM REPATRIATION ACTS AMENDMENT ACT (No. 2) 1979 11. (1) Section 95 of the Principal Act is repealed and the following section substituted:

"95. (1) In this section-

'pensioner contribution' means an amount per annum equal to the product of 364 and an amount equal to the amount in force, from time to time, for the purposes of sub-paragraph (iii) of paragraph (b) of sub-section (2) of section 47 of the National Health Act 1953, or, if that product is not a multiple of $2.60, the next lower amount that is such a multiple;

'service pension' includes an allowance under section 98A;

'wife's portion', in relation to a male service pensioner in relation to whose income sub-section (2) of section 87 applies and the maximum rate of whose service pension is increased by reason of the operation of sub-section (1B) or (1F) of section 28 of the Social Services Act 1947 in its application for the purposes of this Division, means 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.


"(2) If an applicant for service pension is, or a service pensioner becomes, an inmate of a benevolent home, his service pension shall, so long as he remains an inmate of a benevolent home, be dealt with as follows:

(a) in the case of a male service pensioner referred to in the definition of 'wife's portion' in sub-section (1)-there shall be paid to his wife so much of his service pension as does not exceed the wife's portion in relation to him;

(b) there shall be paid to the person controlling the benevolent home for the maintenance of the service pensioner in the benevolent home so much of his service pension, or so much of the remainder of his service pension after deducting any wife's portion, as does not exceed the pensioner contribution in relation to him;

(c) the balance (if any) of his service pension shall be paid to the service pensioner.


"(3) A service pension dealt with in accordance with sub-section (2) shall be so dealt with-

(a) where it is granted in pursuance of an application made by a person who is an inmate as specified in sub-section (2)-as from the date of the application; and

(b) where a service pensioner becomes such an inmate-on and after the first pension pay day after he becomes such an inmate.


"(4) This section does not apply to a member of the Forces who is suffering from pulmonary tuberculosis and is undergoing treatment for that disease in a benevolent home. ".


(2) Subject to sub-section (4), where a service pensioner was, immediately before the commencement of this section, a service pensioner to whom section 95 of the Principal Act applied, that section continues to apply, after the commencement of this section, in relation to that service pensioner so long as that service pensioner remains an inmate of a benevolent home.


(3) For the purposes of section 95 of the Principal Act in its application in relation to a service pensioner by virtue of sub-section (2) of this section-

(a) the reference in sub-paragraph (1A) (a) (i) of that section to the maximum rate of age pension specified in paragraph (a) of sub-section (1A) of section 28 of the Social Services Act 1947 shall be read as a reference to that maximum rate as in force on the date of commencement of this section;

(b) the reference in sub-paragraph (1A) (a) (ii) of that section to the maximum rate of supplementary assistance specified in paragraph (d) of sub-section (3) of section 30A of the Social Services Act 1947 shall be read as a reference to that maximum rate as in force on the date of commencement of this section; and

(c) the reference in paragraph (1A) (aa) of that section to sub-section (1B) or sub-section (1F) of section 28 of the Social Services Act 1947 shall be read as a reference to sub-section (1B) or sub-section (1F), as the case may be, of that section as in force from time to time.


(4) When the application, by virtue of sub-section (2) of this section, of section 95 of the Principal Act in relation to a service pensioner results in there being payable to the person controlling the benevolent home for the maintenance of the service pensioner in the benevolent home an amount not less than the pensioner contribution, within the meaning of section 95 of the Repatriation Act 1920, in relation to the service pensioner, then-

(a) section 95 of the Repatriation Act 1920 applies in relation to the service pensioner; and

(b) section 95 of the Principal Act ceases to apply in relation to the service pensioner.