Document ID: chunk:federal_register_of_legislation:C2004A03129:schedule:1:p3
Version: federal_register_of_legislation:C2004A03129
Segment Type: schedule
Provision Reference: sch 1 (pt 3/12)
Character Range: 43791–46566

(2) (c) (ii) "and"; and
    (g) by omitting sub-paragraph (2) (c) (iii).
(2) Section 7 of the Principal Act is amended—
    (a) by omitting from paragraph (2) (j) "and"; and

    (b) by inserting after paragraph (2) (j) the following paragraph:
        "(ja) without limiting the application of paragraphs (a), (b), (c) and (d) in relation to section 47, that section applies to and in relation to a member of the Forces as if—
            (i) the references in sub-sections (2) and (4) to the Repatriation Act were read as references to the provisions of that Act, in their application by virtue of sub-section (1) of this section, and of this Act;
            (ii) the reference in sub-section (3) to section 24 of the Repatriation Act were read as a reference to section 6 of this Act;
            (iii) the words 'whose war service included qualifying war service' were omitted from sub-paragraph (3) (a) (i);
            (iv) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the conclusion of the period of the member's Malayan service or, if the member rendered more than 1 period of such service, the conclusion of the last of those periods;
            (v) the words 'and whose war service included qualifying war service' were omitted from sub-paragraph (3) (a) (ii);
            (vi) the reference in sub-section (4) to the regulations under the Repatriation Act were read as a reference to the regulations under this Act; and
            (vii) paragraph (5) (a) were omitted; and".

Pensions payable to certain dependent females
55. Section 8 of the Principal Act is amended—
    (a) by omitting from paragraph (1) (a) "incapacity or"; and
    (b) by omitting from sub-section (2) "wife or widow, as the case may be," and substituting "widow".

Pension to divorced wife of a member
56. Section 9 of the Principal Act is amended by omitting "incapacity or".

57. Section 10 of the Principal Act is repealed and the following section is substituted:

Limitations on pensions to dependants of female members
"10. A pension under this Act shall not be granted or continued to a dependant of a female member of the Forces unless the dependant is without adequate means of support.".
PART VI—AMENDMENTS OF THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962

Principal Act
58. The Repatriation (Special Overseas Service) Act 19625 is in this Part referred to as the Principal Act.

Interpretation
59. Section 3 of the Principal Act is amended by omitting from sub-section (2) "member of the family', 'parents',".

Liability of Commonwealth to pay pensions to members of the Forces
60. Section 6 of the Principal Act is amended—