Document ID: chunk:federal_register_of_legislation:C2004A03129:schedule:2:p2
Version: federal_register_of_legislation:C2004A03129
Segment Type: schedule
Provision Reference: sch 2 (pt 2/3)
Character Range: 33812–36612

from continuing to undertake remunerative work that the member was undertaking.
"In determining whether a member of the Forces who is incapacitated from injury or disease is incapable of undertaking remunerative work, the Commission shall have regard to the following matters only:
    (a) the vocational, trade and professional skills, qualifications and experience of the member;

    (b) the kinds of remunerative work which a person with skills, qualifications and experience referred to in sub-paragraph (a) might reasonably undertake; and
    (c) the degree to which the incapacity of the member from injury or disease that has been accepted as related to the member's relevant war service has reduced his or her capacity to undertake the kinds of remunerative work referred to in sub-paragraph (b).".
(2) Schedule 2 to the Principal Act is amended by adding at the end the following paragraph:
"In this Schedule, a reference to remunerative work shall be read as including a reference to any remunerative activity.".

Repeal of Schedule 3 and substitution of new Schedule
35. Schedule 3 to the Principal Act is repealed and the Schedule set out in the Schedule to this Act is substituted.

PART III—AMENDMENTS OF THE SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940

Principal Act
36. The Seamen's War Pensions and Allowances Act 19402 is in this Part referred to as the Principal Act.

Interpretation
37. Section 3 of the Principal Act is amended—
    (a) by omitting from sub-section (1) the definition of "dependant" and substituting the following definition:
    "dependant', in relation to an Australian mariner, means—
        (a) the widow of the mariner; and
        (b) a child of the mariner;"; and
    (b) by omitting from sub-section (1) the definition of "member of the family".

Grant of pensions
38. Section 12 of the Principal Act is amended by omitting from sub-section (1) "pay to his dependants, or to him, or to both, pensions in accordance with this Act." and substituting the following:
"pay—
    (a) in the case of the death of the Australian mariner—pensions to the dependants of the Australian mariner in accordance with this Act; or
    (b) in the case of the incapacity of the Australian mariner—a pension to the mariner in accordance with this Act.".

Repeal of sections 16 and 17
39. Sections 16 and 17 of the Principal Act are repealed.

 Rates of pension on death or total incapacity
40. (1) Section 18 of the Principal Act is amended—
    (a) by omitting sub-section (3);
    (b) by omitting sub-sections (5) and (6); and
    (c) by omitting from sub-section (7) all the words from and including "mariner" and substituting "mariner is $38.40 per fortnight in respect of each child.".
(2) Section 18 of the Principal Act is amended by omitting sub-section (4a) and