Document ID: chunk:federal_register_of_legislation:C2004A00148:front:0:p5
Version: federal_register_of_legislation:C2004A00148
Segment Type: other
Provision Reference: 
Character Range: 9675–12343

Section 123a of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-section:—
"(1) A person shall not be taken to be a pensioner for the purposes of regulation 29 of the Telephone Regulations in force under the Post and Telegraph Act 1901-1974 by reason that the person is in receipt of, or is entitled to, a service pension where that person would not be eligible to receive such a pension if any of the following amendments had not been made:—
(a) an amendment of the Repatriation Act 1920-1968, or of that Act as amended at any time, being—
(i) an amendment alleviating the operation of the means test in relation to that person; or
(ii) an amendment of a rate of pension, allowance or benefit under Division 5 of Part III made after the date of commencement of the Repatriation Act (No. 3) 1973;
(b) an amendment of the Social Services Act 1947-1968, or of that Act as amended at any time, being—
(i) an amendment alleviating the operation of the means test in relation to that person; or
(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973.".
18. Section 124 of the Principal Act is amended—

Regulations.
    (a) by omitting sub-paragraphs (i), (ii) and (iii) of paragraph (a) of sub-section (1ab) and substituting the following sub-paragraphs:—
   "(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"; and
(b) by omitting sub-section (1c) and substituting the following sub-section:—
"(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 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.".

Schedule 1.
19. (1) Schedule 1 to the Principal Act is amended by omitting the table and substituting the following table:—
Column 1                    Column 2                  Column 3
Pension payable to Widowed  Pension payable to Widow  Pension payable to Member
Mother on Death of Member   on Death