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(b) a step-son, step-daughter, adopted son or adopted daughter who became dependent on him before the relevant date; or

(c) an ex-nuptial son or ex-nuptial daughter of the Australian mariner born before, or within nine months after, the relevant date;

“de facto wife”, in relation to an Australian mariner, means a woman who, though not legally married to him, has been wholly or substantially maintained by and has lived with the Australian mariner as his wife on a permanent and bona fide domestic basis continuously from a date not less than six months prior to the relevant date and who, at the relevant date—

(a) had in her charge a child of the Australian mariner;

(b) was over forty years of age; or

(c) was incapable of supporting herself by reason of her mental or physical incapacity of long standing;

“dependant” means any member of an Australian mariner’s family who at the time of his death or the commencement of his incapacity or period of detention (as the case may be) was dependent upon his earnings or, in the case of a person specified in paragraph (a) or (c) of the definition of “child”, who would, but for the death, incapacity or detention, be so dependent, and includes—

(a) where the Australian mariner is the grandparent of an ex-nuptial child who was so dependent—that child; and

(b) where the Australian mariner is an ex-nuptial child and his parent or grandparent was so dependent—that parent or grandparent;

“dependent” means wholly or substantially dependent;

“Deputy Commissioner for Repatriation” means a Deputy Commissioner for Repatriation appointed under the Australian Soldiers’ Repatriation Act 1920-1940;

“detained person” means an Australian mariner who suffers detention;

“detention”, in relation to an Australian mariner, means detention consequent on his capture, or the capture of his ship, effected by reason of war operations during the present war;

“detention allowance” means an allowance granted under Part IV. of this Act in respect of the detention of an Australian mariner;

“effects”, in relation to an Australian mariner, means any of his property carried on his person or in the ship in which he is serving or in the ship or other conveyance in which he is travelling, or otherwise accompanying him, at the time when the war damage occurs;

“member of an Australian mariner’s family” means the wife or husband, parent, brother, sister, grandparent, grand-child, step-parent, step-brother, step-sister, half-brother, half-sister, or a person specified in paragraph (a), (b) or (c) of the definition of “child”;

“passenger ship” means a ship in respect of which there is in force a passenger steamship’s certificate granted under Part IV. of the Navigation Act 1912-1935 or a certificate which in pursuance of that Part has the same force as if it had been granted under that Part;

“pension” means a pension under this Act;

“Pensions Committee” means a Seamen’s Pensions and Allowances Committee established under this Act;

“period of detention” means the period beginning on the date on which the detention commences and ending on—

(a) the date of the death of the detained person; or

(b) the earliest date after the commencement of the detention on which it was practicable for the detained person to have arrived back in Australia,

whichever is the earlier date, or such other period as the Commission, in relation to any particular detained person or particular class of detained persons, directs;

“pilot duty” includes the proceeding by sea to a ship for the purpose of performing pilotage duty and the returning by sea after having performed that duty;

“rate of pay” in relation to an Australian mariner means the rate of the salary or wages which he was receiving or was entitled to receive in respect of his occupation as an Australian mariner on the relevant date or, in the case of a licensed pilot not employed at a monthly or annual rate, an amount equal to the monthly rate prescribed at the relevant date by an award of the Commonwealth Court of Conciliation and Arbitration in respect of the master of a sea-going passenger vessel of over six thousand tons but not over eight thousand tons gross registered tonnage;

“rate of pay per day”, in relation to a monthly or annual rate of pay, means one-thirtieth of that monthly rate or one three hundred and sixty-fifth of that annual rate as the case may be;

“rate of pay per fortnight” means fourteen times the rate of pay per day;

“relevant date” means—

(a) in a case where a claim is made for a pension—the date on which the Australian mariner—

(i) sustained the war injury; or

(ii) commenced the period of detention,

to which his death or incapacity is directly attributable; or

(b) in a case where a claim is made for a detention allowance—the date of the commencement of the Australian mariner’s period of detention;

“Schedule” means a Schedule to this Act;

“separated wife” means the wife of an Australian mariner who is living apart from him either in pursuance of a decree, judgment, order or deed of separation or by reason of her having been deserted by the Australian mariner or in circumstances which, in the opinion of the Commission, are analogous thereto, and “separated widow” means the widow of an Australian mariner who was so living apart from him immediately prior to his death;

“Superintendent” means the Superintendent at a Mercantile Marine Office under the Navigation Act 1912-1935 or his duly appointed deputy;

“the Commission” means the Repatriation Commission appointed under the Australian Soldiers’ Repatriation Act 1920-1940:

“the enemy” means the forces, or any part thereof ??? at war with???

“the present war” means the war in which His Majesty is engaged and which commenced on the third day of September, One thousand nine hundred and thirty-nine;

“war damage”, in relation to the effects of an Australian mariner, means the loss of or damage to those effects—

(a) caused by—

(i) the discharge of any missile, liquid or gas;

(ii) the use of any weapon, explosive or other noxious thing; or

(iii) the doing of any other injurious act,

either by the enemy or in combating the enemy or in relation to any expected or suspected attack by the enemy or any expected attack upon the enemy;

(b) caused by the action of any enemy aircraft or any aircraft in the service of His Majesty or of any Ally of His Majesty during the present war or by the impact of, or of any part of, or of anything dropped from, any such aircraft; or

(c) caused by, or in consequence of, the capture by the enemy of the Australian mariner or of his effects;

“war injury” means a personal injury—

(a) caused by—

(i) the discharge of any missile, liquid or gas;

(ii) the use of any weapon, explosive or other noxious thing; or

(iii) the doing of any other injurious act,

either by the enemy or in combating the enemy or in relation to any expected or suspected attack by the enemy or any expected attack upon the enemy;

(b) caused by the action of any enemy aircraft or any aircraft in the service of His Majesty or of any Ally of His Majesty during the present war or by the impact of, or of any part of, or of anything dropped from, any such aircraft; or

(c) caused by, or in consequence of, the capture or detention of the Australian mariner by the enemy;

“wife” and “widow” do not include a woman whose marriage to the Australian mariner takes place after the relevant date, or, except as otherwise expressly provided in this Act, a separated wife or separated widow.

(2.) Where any provision of this Act is expressed to be dependent upon the opinion of the Commission or a Pensions Committee, the reference to the opinion of the Pensions Committee shall be construed as applying to the opinion of the Pensions Committee only where the Commission has not formed an opinion on the matter.

Part II.—Administration.

Seamen’s Pensions and Allowances Committees.

4.—(1.) The Governor-General may establish Seamen’s Pensions and Allowances Committees for such States and Territories of the Commonwealth as he thinks fit.

(2.) Each Pensions Committee shall consist of not less than three or more than five members who shall be appointed by the Governor-General and who shall hold office for such time, under such conditions and with such remuneration, as are prescribed.

(3.) The Governor-General shall appoint one member of each Pensions Committee to be Chairman of that Committee.

(4.) In the case of a Pensions Committee consisting of three members, two members, and, in any other case, three members shall form a quorum.

(5.) At all meetings of a Pensions Committee the Chairman shall have a deliberative vote and, in the case of an equality of voting, a casting vote.

Duties of Pensions Committees.

5. The duties of a Pensions Committee shall be—

(a) to determine, in case of the death or incapacity of an Australian mariner in respect of which a claim for pension is made—

(i) whether the death or incapacity is directly attributable to a war injury sustained by the Australian mariner;

(ii) whether that war injury was due to the Australian mariner’s own serious negligence or serious misconduct;

(iii) whether, in the case of the death of an Australian mariner, that death was in any substantial manner due to or hastened by his own serious negligence or serious misconduct; and

(iv) in the case of the incapacity of the Australian mariner, the nature and degree of the incapacity;

(b) to determine, in case of the detention of an Australian mariner in respect of which a claim for detention allowance is made—

(i) whether the detention is or was due to the serious negligence or serious misconduct of the Australian mariner; and

(ii) the date of the commencement of the period of detention;

(c) to determine the extent (if any) to which persons alleged to be or to have been dependent upon an Australian mariner are or were so dependent;

(d) to assess, from time to time, the rates of pensions and detention allowances of Australian mariners and their dependants, and to determine the dates of commencement and cessation of those pensions and allowances;

(e) to determine, in such cases as the Pensions Committee thinks fit—

(i) that payment of a pension or detention allowance be suspended and the date of the suspension; or

(ii) that payment of a pension or detention allowance which has been suspended be recommenced and the date of recommencement; and

(f) such other duties as are prescribed.

Determinations and assessments by Commission.

6. Notwithstanding anything contained in the last preceding section, the Commission may, in such cases as it thinks fit, make any determination or assessment specified in paragraph (a), (b), (c), (d) or (e) of that section, and may, at any time, direct that any particular case or class of cases be referred to it for determination or assessment.

Appeal to Commission.

7. Any person affected by any determination or assessment of a Pensions Committee may, within such time (if any) as is prescribed, appeal to the Commission and the Commission may affirm, vary or annul the determination or assessment.

Review by Commission.

8. Wherever it appears to the Commission that sufficient reason exists for reviewing any determination or assessment of a Pensions Committee it may review and may affirm, vary or annul the determination or assessment.

Special Magistrates and Registrars.

9.—(1.) The Governor-General may appoint such Special Magistrates and such Registrars of Seamen’s War Pensions as are necessary for the purposes of this Act who shall have such powers, duties and functions as are prescribed.

(2.) The persons for the time being holding the offices of Special Magistrate and of Registrar of Pensions under the Invalid and Old-age Pensions Act 1908-1937 shall be deemed to have been appointed under this Act to the offices of Special Magistrate and Registrar of Seamen’s Pensions respectively.

Power to summon witnesses, take evidence, &c.

10.—(1.) The Chairman of the Commission, the Chairman of a Pensions Committee (or any person authorized in writing by the Chairman of the Commission or of the Pensions Committee, as the case may be), a Special Magistrate or a Registrar of Seamen’s Pensions, for the purpose of any inquiry which the Commission, Pensions Committee, Special Magistrate or Registrar of Seamen’s Pensions (as the case may be) has power to make, may summon any person to appear before the Commission, Pensions Committee, Special Magistrate or Registrar of Seamen’s Pensions (as the case may be) and require that person to answer questions and to produce documents and, for any such purpose, may administer oaths.

(2.) Any person who has been lawfully summoned to appear before the Commission, a Pensions Committee, a Special Magistrate or a Registrar of Seamen’s Pensions who fails to appear and any person who appears, whether summoned or not, who—

(a) refuses to be sworn as a witness;

(b) fails to answer any question which he is lawfully required to answer; or

(c) fails to produce any documents which he is lawfully required to produce,

shall be guilty of an offence.

Penalty: Fifty pounds.

Officers of Commission.

11. The officers of the Commission shall perform such duties as are prescribed or as the Minister or Commission directs.

Part III.—Pensions and Gratuities in Respect of Death or Incapacity.

Grant of pensions.

12. Where any Australian mariner, not being a pilot, dies or becomes incapacitated as a direct result of having sustained a war injury in the course of his employment as an Australian mariner, or, being a pilot, dies or becomes incapacitated as a direct result of having sustained a war injury while on pilot duty, the

This is an opening excerpt, not the complete document.