Papua New Guinea (Members of the Forces Benefits) Act 1957

Act No. 89 of 1957 as amended

This compilation was prepared on 27 October 2000 taking into account amendments up to Act No. 78 of 1987

The text of any of those amendments not in force on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra

Contents

1 Short title [see Note 1] 1

2 Commencement [see Note 1] 1

3 Interpretation 1

4 Benefits etc. of members of the Forces 2

5 Pensions or compensation for incapacity or death 2

6 Other benefits etc. 3

7 Prior grants of benefits 3

8 Pension inalienable 3

8A Appropriation for pensions etc. 3

9 Regulations 4

Notes 5

An Act to make special provision for the granting of pensions and other benefits to certain indigenous Inhabitants of Papua New Guinea who served in the Defence Force during the War and their dependants, and for purposes connected therewith
1 Short title [see Note 1]

This Act may be cited as the Papua New Guinea (Members of the Forces Benefits) Act 1957.
2 Commencement [see Note 1]

This Act shall come into operation on a date to be fixed by Proclamation.
3 Interpretation

In this Act, unless the contrary intention appears:

member of the Forces means a male indigenous inhabitant of Papua New Guinea or of an island in the Pacific Ocean (other than an island forming part of the territory of a State) who served during the war in the Defence Force at a rate of pay less than the minimum rate of pay that was prescribed as payable to a male member of the Australian Military Forces and whose service has been terminated by discharge or death.

the Defence Force has the same meaning as in the Defence Act 1903-1941.

the war means the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, and includes any other war in which His late Majesty became engaged after that date and before the third day of September, One thousand nine hundred and forty-five.
4 Benefits etc. of members of the Forces

The benefits, advantages and assistance for which a member of the Forces and his dependants are, or shall be deemed at any time to have been, eligible under the law of the Commonwealth by reason of, and after the completion of, the service of the member in the Defence Force during the war are those which are provided:

(a) by and under this Act; and

(b) by and under the War Gratuity Act 1945-1947;

and no others.
5 Pensions or compensation for incapacity or death 1

Where the incapacity or death of a member of the Forces:

(a) has resulted from any occurrence that happened during the period of his service in the Defence Force during the war; or

(b) has arisen out of or is attributable to that service;

the Commonwealth is, subject to such conditions as are prescribed, liable to pay or grant to the member of the Forces and, subject to the regulations, to his dependants pension or compensation at such rates or of such amounts as are provided for in the regulations.

 2

Where:

(a) a member of the Forces is suffering from an incapacity or has died;

(b) the origin of the cause of the incapacity or death existed before the commencement of his service in the Defence Force during the war; and

(c) the incapacity was contributed to in any material degree, or was aggravated, by the conditions of that service, or the death was contributed to in any material degree by those conditions;

the incapacity or death, as the case may be, shall be deemed to be attributable to that service.

 3

The Commonwealth is not liable under the preceding provisions of this section if the incapacity or death of the member of the Forces:

(a) was due to his serious default or wilful act;

(b) arose from intentionally self-inflicted injuries; or

(c) arose from, or from an occurrence that happened during the commission of, a serious breach of discipline by the member of the Forces.
6 Other benefits etc.

In addition to the benefits for which provision is made by the last preceding section, members of the Forces and their dependants are, subject to such conditions as are prescribed, eligible for such other benefits, advantages and assistance as are prescribed.
7 Prior grants of benefits

Any pension, compensation or other benefit that has been paid to or provided for a member of the Forces or the dependant of a member of the Forces by the Commonwealth before the commencement of this Act shall be deemed to have been validly paid or provided, and the amount or value of that pension, compensation or other benefit may be taken into account for the purposes of this Act.
8 Pension inalienable

Subject to this Act, a pension is absolutely inalienable, whether by way or in consequence of sale, assignment, charge, execution, bankruptcy or otherwise.
8A Appropriation for pensions etc.

There are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, pensions, allowances and other pecuniary benefits under the regulations the rate or amount of which, or the maximum rate or amount of which, is fixed:

(a) by the regulations;

(b) by reference to a rate or amount fixed by the regulations; or

(c) by reference to a rate or amount fixed by the Veterans’ Entitlements Act 1986.
9 Regulations 1

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, prescribing matters for or in relation to:

(a) the making and determination of claims for pensions, compensation or other benefits under this Act; and

(b) determination of the persons who shall, for the purposes of any of the provisions of this Act and the regulations, be deemed to be dependants of members of the Forces.

 2

The regulations may make provision for different pensions, compensation, benefits, advantages or assistance in respect of different classes of members of the Forces or dependants of members of the Forces.

 3

In lieu of specifying a rate of pension or an amount of compensation the regulations may, in respect of persons within any prescribed class of members of the Forces or dependants of members of the Forces, authorize the Minister to determine a rate or amount not exceeding such rate or amount as is specified in the regulations.

 4

The regulations may make provision for or in relation to:

(a) the payment of any pension, compensation or monetary benefit under this Act to a person on behalf of, or as trustee for, the person to whom the pension, compensation or benefit is payable under this Act where a prescribed authority is satisfied that, having regard to the age, infirmity, ill-health or improvidence of the person to whom the pension, compensation or benefit is payable, it is expedient that payment of the pension, compensation or benefit should be so made, or where the person to whom the pension, compensation or benefit is payable consents to payment of the pension, compensation or benefit being so made; and

(b) the disbursement or accumulation of pension, compensation or benefit so paid for the benefit of the person to whom it is payable under this Act or for the benefit of persons dependent on that person.

The Papua New Guinea (Members of the Forces Benefits) Act 1957 as shown in this compilations comprises Act No. 89, 1957 amended as indicated in the Tables below.

Table of Acts

Notes to the Papua New Guinea (Members of the Forces Benefits) Act 1957

Note 1
Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions Application, saving or transitional provisions
Native Members of the Forces Benefits Act 1957 89, 1957 12 Dec 1957 1 June 1961 (see Gazette 1961, p. 2088) 1 June 1961 (see Gazette 1961, p. 2088)
Native Members of the Forces Benefits Act 1965 109, 1965 18 Dec 1965 S. 3: 1 June 1961 (see s. 2(2) and Gazette 1961, p. 2088) Remainder: Royal Assent S. 3: 1 June 1961 (see s. 2(2) and Gazette 1961, p. 2088) Remainder: Royal Assent S. 4
Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 1 Dec 1966 —
Native Members of the Forces Benefits Act 1968 8, 1968 8 May 1968 8 May 1968 8 May 1968 —
Native Members of the Forces Benefits Act 1972 138, 1972 2 Nov 1972 2 Nov 1972 2 Nov 1972 —
Repatriation Acts Amendment Act 1974 90, 1974 31 Oct 1974 S. 6: 4 June 1975 (see Gazette 1975, No. S102) Remainder: Royal Assent S. 6: 4 June 1975 (see Gazette 1975, No. S102) Remainder: Royal Assent S. 52(2)
Repatriation Acts Amendment Act 1981 160, 1981 30 Oct 1981 Ss. 19, 30-42, 43(2) and 58(1): 1 Nov 1981 Ss. 21 and 92(1): 1 Jan 1982 Ss. 25, 26 and 92 (2)–(4): 1 Feb 1982 Ss. 27 and 58(2): 4 Feb 1982 Ss. 60(2), 61, 62, 75 and 92(5): 12 Nov 1981 Part IX (ss. 90, 91): 1 July 1979 Remainder: Royal Assent Ss. 19, 30-42, 43(2) and 58(1): 1 Nov 1981 Ss. 21 and 92(1): 1 Jan 1982 Ss. 25, 26 and 92 (2)–(4): 1 Feb 1982 Ss. 27 and 58(2): 4 Feb 1982 Ss. 60(2), 61, 62, 75 and 92(5): 12 Nov 1981 Part IX (ss. 90, 91): 1 July 1979 Remainder: Royal Assent —
as amended by
Veterans’ Entitlements Act 1986 27, 1986 19 May 1986 22 May 1986 (see Gazette 1986, No. S225) 22 May 1986 (see Gazette 1986, No. S225) —
Veterans’ Affairs Legislation Amendment Act 1987 78, 1987 5 June 1987 S. 77: Royal Assent (a) S. 78: 22 May 1986 (a) S. 77: Royal Assent (a) S. 78: 22 May 1986 (a) —

(a) The Papua New Guinea (Members of the Forces Benefits) Act 1957 was amended by sections 77 and 78 only of the Veterans’ Affairs Legislation Amendment Act 1987, subsections 2(1) and (2) of which provide as follows:

 1

Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

 2

Sections 4, 5 and 6, subsection 9(2), sections 11 and 12, subsection 22(1), sections 23, 30, 31 and 32, subsection 37(1), sectins 41, 42, 43, 44, 46 and 47, subsection 49(1), sections 51 and 53, subsections 54(1), 55(2) and 56(2), sections 57 and 58, subsection 59(1), sections 60, 67 and 70, subsection 72(1) and sections 78 and 80 shall be deemed to have come into operation on 22 May 1986.

Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Title am. No. 90, 1974
S. 1 am. No. 90, 1974
S. 3 am. No. 109, 1965; No. 8, 1968; No. 138, 1972; No. 90, 1974, No. 160, 1981 (as rep. by No. 27, 1986)
S. 3A ad. No. 160, 1981 (as rep. by No. 27, 1986)
S. 4 am. No. 90, 1974; No. 160, 1981 (as. rep. by No. 27, 1986)
Ss. 5–7 am. No. 90, 1974
S. 8 am. No. 78, 1987
S. 8A ad. No. 90, 1974
am. No. 160, 1981 (as. rep. by No. 27, 1986); No. 78, 1987
S. 9 am. No. 93, 1966; No. 90, 1974