Repatriation Acts Amendment Act 1974 (Cth)

REPATRIATION ACTS AMENDMENT ACT 1974 No. 90 of 1974

An Act relating to Repatriation and related Matters.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: — PART I—PRELIMINARY

Short title. 1. This Act may be cited as the Repatriation Acts Amendment Act 1974.

Commencement. 2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent. (2) Section 6 shall come into operation on a date to be fixed by Proclamation.

PART II—AMENDMENTS OF THE REPATRIATION ACT 1920-1973, AS AMENDED

Citation. 3. (1) The Repatriation Act 1920-1973, as amended by the Repatriation Act 1974, and by the Repatriation Act (No. 2) 1974, is in this Part referred to as the Principal Act. (2) Section 1 of the Repatriation Act (No. 2) 1974 is amended by omitting sub-section (4). (3) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920-1974.

Interpretation. 4. Section 6 of the Principal Act is amended by adding at the end thereof the following sub-section:— "(2) For the purposes of this Act, a person residing in Papua New Guinea immediately before it becomes an independent sovereign state shall, until he ceases so to reside, be deemed to be resident in Australia.".

Members of Commission. 5. Section 8 of the Principal Act is amended by adding at the end thereof the following sub-section:— "(8) A question arising at a meeting of the Commission shall be decided by a majority of votes of members present and voting. 6. After section 8 of the Principal Act the following section is inserted:—

Appointment of Secretary as chairman of the Commission. "8a. The person holding office under the Public Service Act 1922-1974 as Secretary to the Department of Repatriation and Compensation may be appointed as chairman of the Commission while retaining his office as Secretary to that Department and, in that event— (a) he shall perform his duties as chairman of the Commission concurrently with his performance of his duties as Secretary to that Department; (b) he shall cease to hold office as chairman of the Commission if he ceases to hold office as Secretary to that Department; (c) he shall not be paid remuneration or allowances in his capacity as chairman of the Commission, but, for the purpose of the payment of allowances to him, his duties as Secretary to that De­partment shall be deemed to include his duties as chairman of the Commission; (d) the performance by him of his duties as Secretary to that Department shall not be taken to involve absence for the purpose of performing the duties of another office as referred to in sub-section (4) of section 8; and (e) subject to this section, the provisions of this Act other than the provisions of sections 9 and 21 apply to and in relation to him as chairman of the Commission.