SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 NO. 4, 1974 SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 NO. 4, 1974 - TABLE OF PROVISIONS 1. Short title. 2. Commencement. 3. Interpretation. 4. Seamen's Pensions and Allowances Committees. 5. 6. Rates of pension on death or total incapacity. 7. Pension to de facto wife. 8. Allowance to compensate for a serious incapacity. 9. Limit of payments in certain cases. 10. Regulations. 11. Schedule 1. 12. Additional amendments. 13. Application of certain amendments. SCHEDULE SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - LONG TITLE An Act to amend the Seamen's War Pensions and Allowances Act 1940-1973. BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:- SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 1 Short title. 1. (1) This Act may be cited as the Seamen's War Pensions and Allowances Act 1974.*1* (2) The Seamen's War Pensions and Allowances Act 1940-1973*2* is in this Act referred to as the Principal Act. (3) The Principal Act, as amended by this Act, may be cited as the Seamen's War Pensions and Allowances Act 1940-1974. SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 2 Commencement. 2. This Act shall come into operation on the day on which it receives the Royal Assent.* SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 3 Interpretation. 3. Section 3 of the Principal Act is amended by omitting from the definition of "pension" in sub-section (1) the words "and includes an allowance under section 22B". SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 4 Seamen's Pensions and Allowances Committees. 4. Section 4 of the Principal Act is amended by omitting from sub-section (2) the words "under such conditions and with such remuneration" and substituting the words "and under such conditions". SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 5 5. (1) After section 4 of the Principal Act the following section is inserted:- Remuneration of members of Seamen's Pensions and Allowances Committee. "4A. (1) A member of a Pensions Committee shall be paid such remuneration as is determined by the Remuneration Tribunal. "(2) Subject to the Remuneration Tribunal Act 1973, a member of a Pensions Committee shall be paid such allowances as are prescribed.". (2) The amendment made by sub-section (1) does not affect the remuneration (other than allowances) payable to a member of a Seamen's Pensions and Allowances Committee before his remuneration is determined by the Remuneration Tribunal. (3) Regulations in force at the commencement of this section for the purpose of sub-section 4 (2) of the Principal Act, to the extent that they relate to allowances, continue in force as if made for the purposes of sub-section 4A (2) of the Principal Act, as amended by this Act. SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 6 Rates of pension on death or total incapacity. 6. Section 18 of the Principal Act is amended by omitting from sub-section (4A) the words "Seventy-seven dollars sixty cents" and substituting the words "Eighty-two dollars ten cents". SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 7 Pension to de facto wife. 7. Section 19 of the Principal Act is amended by omitting the words "the last preceding section" and substituting the words "section 18". SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 8 Allowance to compensate for a serious incapacity. 8. Section 22B of the Principal Act is repealed. SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 9 Limit of payments in certain cases. 9. Section 24 of the Principal Act is amended by omitting from paragraph (a) the words "and an allowance under section 22B". SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 10 Regulations. 10. Section 59 of the Principal Act is amended by omitting paragraph (e) of sub-section (1) and substituting the following paragraph:- "(e) medical, surgical and hospital benefits for an Australian mariner who is, or but for a direction under section 53A would be, in receipt of pension at a rate that, excluding, in the case of a pension granted under section 22A, any portion of the pension that is attributable to the application to the Australian mariner of Schedule 5 to the Repatriation Act 1920-1974, is not less than the rate specified in column 3 of Schedule 1 to this Act;". SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 11 Schedule 1. 11. Schedule 1 to the Principal Act is repealed and the following Schedule substituted:- SCHEDULE 1 Section 18 GENERAL PENSION RATES-DEATH OR TOTAL INCAPACITY ------------------------------------------------------------------------------------ Column 1 Column 2 Column 3 Aggregate of rates of Rate of pension payable Rate of pension payable pensions payable per per fortnight to per fortnight to widow on fortnight to Australian dependants other than death of Australian mariner mariner on death and widow and children of on total incapacity Australian mariner 12. The Principal Act is amended as set out in the Schedule. SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SECT 13 Application of certain amendments. 13. In so far as an amendment made by this Act affects instalments of pensions or allowances, the amendment applies in relation to an instalment of a pension or of an allowance falling due on the day on which this Act receives the Royal Assent, if that day is a pension pay day, or, if it is not, on the first pension pay day after that day, and to all subsequent instalments. SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - SCHEDULE SCHEDULE Section 12 ADDITIONAL AMENDMENTS The Principal Act is amended as set out in the following table:- -------------------------------------------------------------------------------- Provision Amendment -------------------------------------------------------------------------------- Section 3 (1) (definition of "Australian mariner") Omit from paragraph (b) "the Commonwealth", substitute "Australia". Omit from paragraph (c) "the Commonwealth" (first occurring), substitute "Australia". Omit from paragraph (c) "authority of the Commonwealth", substitute "authority constituted by or under a law of Australia". Section 12 . . . . . . . . . Omit "the Commonwealth", substitute "Australia". Section 18A . . . . . . . . Omit "the Commonwealth" (wherever occurring), substitute "Australia". Section 54A(2) . . . . . . . Omit "the Commonwealth" (wherever occurring), substitute "Australia". Section 55A(1) . . . . . . . Omit "the Commonwealth" (wherever occurring), substitute "Australia". Section 59(2) . . . . . . . Omit "the Commonwealth" (wherever occurring), substitute "Australia". -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1974 No. 4, 1974 - NOTES NOTES 1. Act No. 4, 1974; assented to 22 March 1974. 2. Act No. 60, 1940, as amended by No. 77, 1946; No. 80, 1950; Nos. 17 and 75, 1952; No. 70, 1953; No. 32, 1954; No. 40, 1955; No. 45, 1957; No. 48, 1958; No. 59, 1959; No. 46, 1960; No. 47, 1961; Nos. 64 and 113, 1964; No. 65, 1965; No. 43, 1966; No. 102, 1967; No. 67, 1968; No. 96, 1969; No. 61, 1970; Nos. 18 and 69, 1971; Nos. 16 and 83, 1972; and Nos. 6 and 106, 1973.