Document ID: chunk:federal_register_of_legislation:C2004A03129:schedule:1:p4
Version: federal_register_of_legislation:C2004A03129
Segment Type: schedule
Provision Reference: sch 1 (pt 4/12)
Character Range: 46321–49013

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—
    (a) by omitting from sub-section (1) "liable to pay to the member, his dependants or both, as the case may be, pensions in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7." and substituting the following:
    "liable to pay—
           (c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7; or
           (d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7.";
    (b) by omitting from sub-paragraph (2) (a) (i) "wife or";
    (c) by adding "and" at the end of sub-paragraph (2) (a) (i);
    (d) by omitting sub-paragraph (2) (a) (ii);
    (e) by adding "and" at the end of sub-paragraph (2) (a) (iii);
    (f) by omitting sub-paragraphs (2) (a) (iv) to (vii) (inclusive);
    (g) by omitting sub-paragraph (2) (b) (i);
    (h) by omitting from sub-paragraph (2) (b) (ii) "and"; and
    (j) by omitting sub-paragraph (2) (b) (iii).

Extension of certain provisions of Repatriation Act
61. (1) Section 7 of the Principal Act is amended—
    (a) by omitting from paragraph (3) (b) "an incapacity or"; and
    (b) by omitting from paragraph (3) (b) "that incapacity or" and substituting "the member's".

(2) Section 7 of the Principal Act is amended by inserting after paragraph (3) (d) the following paragraph:
    "(e) without limiting the application of paragraphs (a), (b) and (c) 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 special service or, if the member rendered more than 1 period of such