AUSTRALIAN SOLDIERS’ REPATRIATION (NO. 3).

No. 42 of 1937.

An Act to amend sections twenty-two and thirty-nine of the Australian Soldiers’ Repatriation Act 1920–1937.

[Assented to 13th. December, 1937.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Soldiers’ Repatriation Act (No. 3) 1937. .

(2.) The Australian Soldiers’ Repatriation Act 1920–1936, as amended by the Australian Soldiers’ Repatriation Act 1937 and by the Australian Soldiers’ Repatriation Act (No. 2) 1937, is in this Act referred to as the Principal Act.

(3.) Section one of the Australian Soldiers’ Repatriation Act (No. 2) 1937 is amended by omitting sub-section (4.).

(4.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920–1937.

Commencement.

2. This Act shall commence on a date to be fixed by Proclamation.

Definition of “Dependants”.

3. Section twenty-two of the Principal Act is amended by omitting from the definition of “Dependants” the words “first day of October One thousand nine hundred and thirty-one” and inserting in their stead the words “thirtieth day of June One thousand nine hundred and thirty-eight”.

4. Section thirty-nine of the Principal Act is repealed and the following section inserted in its stead:—

Pension payable to dependants on death of a member after discharge.

39.—(1.) The dependants of a person who has been a member of the Forces and who has died or dies, after the date of his discharge, from causes other than the result of an occurrence happening during the period during which he was a member of the Forces, shall, subject to this Act, be entitled to receive such pension (if any) as—

(a) was being paid;

(b) was payable;

(c) would, but for the fact that a claim although lodged had not been determined, have been payable; or

(d) would, if a claim for a pension had been lodged prior to the death of the member, have been payable,

to them under this Division, immediately prior to the death of the member.

“(2.) Where a person who has been a member of the Forces has died or dies from causes, other than the result of an occurrence happening during the period during which he was a member of the Forces, and has left or leaves a widow who had married him at any time during the period commencing on the second day of October One thousand nine hundred and thirty-one and ending on the thirtieth day of June One thousand nine hundred and thirty-eight 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 had they, prior to the death of the member, been dependants and applied for such pension.”.

Date of commencement of pensions.

5. No pension the right to which arises from the amendment effected by section three of this Act or from sub-section (2.) of section thirty-nine inserted in the Principal Act by section four of this Act shall be payable in respect of any period prior to the date of the commencement of this Act or the date of the receipt by the Repatriation Commission of the application for the pension, whichever is the later.