Commonwealth Numbered Acts

REPATRIATION ACTS AMENDMENT ACT (No. 2) 1976 No. 112, 1976 - SECT 11

11. Section 91 of the Principal Act is repealed and the following section
substituted:- Disposal of income.
''91. (1) If, in the opinion of the Commission, an applicant for a service
pension or a service pensioner has directly or indirectly deprived himself of
income in order to qualify for or obtain a pension or in order to obtain a
pension at a higher rate than that for which he would otherwise have been
eligible, the amount of the income of which the Commission considers the
applicant or service pensioner has so deprived himself shall be deemed to be
the income of the applicant or service pensioner.

''(2) If, in the opinion of the Commission, the spouse of an applicant for a
service pension or of a service pensioner has directly or indirectly deprived
himself of income in order that the applicant or service pensioner might
qualify for or obtain, a pension, or in order that the applicant or service
pensioner might obtain a pension at a higher rate than the rate for which the
applicant or service pensioner would otherwise have been eligible, the amount
of the income of which the Commission considers the spouse has so deprived
himself shall be deemed to be income of the spouse.''.