Repatriation Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 831

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Repatriation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920.

Dated 22 June 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

A. T. GIETZELT

Minister of State for Veterans’ Affairs

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Commencement

1. These Regulations shall come into operation on 1 July 1983.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Repatriation Regulations.

Interpretation

3. Regulation 5 of the Principal Regulations is amended by omitting from sub-regulation (2) “the Schedule to these Regulations” and substituting “Schedule 1’.

4. After Part Xa of the Principal Regulations the following Part is inserted:

“PART Xb—OPERATION OF STATE LAWS IN RELATION TO HOSPITALS AND OTHER INSTITUTIONS

Interpretation

“173x. In this Part, a reference to a table by number shall be read as a reference to the table so numbered in Schedule 2.

State laws declared for purposes of section 120f of the Act

“173y. The following laws, as amended and in force from time to time, are declared to be relevant laws for the purposes of section 120f of the Act:

(a) each of the laws of the State of New South Wales specified in table 1;

(b) each of the laws of the State of Victoria specified in table 2;

(c) each of the laws of the State of South Australia specified in table 3.

Prescribed modifications to State laws

“173z. For the purposes of sub-section 120f (2) of the Act—

(a) the modifications (if any) set out in column 3 of an item in table 1, being modifications of the law of the State of New South Wales specified in column 2 of that item, are prescribed in relation to that law;

(b) the modifications (if any) set out in column 3 of an item in table 2, being modifications of the law of the State of Victoria specified in column 2of that item, are prescribed in relation to that law; and

(c) the modifications (if any) set out in column 3 of an item in table 3, being modifications of the law of the State of South Australia specified in column 2 of that item, are prescribed in relation to that law.”.

Extension of certain provisions to women members of the Forces

5. Regulation 196 of the Principal Regulations is amended by inserting in sub-section(2)“(except Part Xb)” after “Parts III to XI”.

Extension of certain provisions to Korea and Malaya members

6. Regulation 198 of the Principal Regulations is amended by omitting from sub-regulation (2) “except regulation 95 of these Regulations” and substituting “except regulation 95 and Part Xb”.

Heading to the Schedule

7. The heading to the Schedule to the Principal Regulations is omitted and the following heading substituted:

“SCHEDULE 1”.

Schedule 2

8. The Principal Regulations are amended by adding at the end thereof the following Schedule:

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SCHEDULE 2Regulations 173X, 173Y and 173Z.

STATE LAWS DECLARED TO BE RELEVANT LAWS AND PRESCRIBED MODIFICATIONS THEREOF

TABLE 1

LAWS OF THE STATE OF NEW SOUTH WALES

Column 1	Column 2	Column 3
Item No.	Description of law	Modifications
1	Section 4f of the Motor Traffic Act, 1909	Omit sub-sections (6), (7), (9), (10) and (12)
2	Section 4g of the Motor Traffic Act, 1909	Omit sub-sections (4), (5), (6), (8), (9), (10), (11), (12) and (13)
3	Regulation 137 of the Motor Traffic Regulations, 1935

TABLE 2

LAWS OF THE STATE OF VICTORIA

Column 1	Column 2	Column 3
Item No.	Description of law	Modifications
1	Section 80da of the Motor Car Act 1958	Omit sub-section (5)
2	Section 80f of the Motor Car Act 1958	Omit sub-sections (1), (2), (3), (4), (5), (6), (7), (8), (10), (11), (.12), (13), (14), (15), (15a) and (16)
3	Regulations 219, 220, 221, 222, 223, 223a, 223b, 223c, 223d, 223e, 223g, 223h, 223I and 224 of the Motor Car Regulations 1966 and the Eighty-Fourth Schedule, Schedule Eighty-Four A and the Eighty-Sixth and Eighty-Seventh Schedules to those Regulations

TABLE 3

LAWS OF THE STATE OF SOUTH AUSTRALIA

Column 1	Column 2	Column 3
Item No.	Description of law	Modifications
1	Section 47i of the Road Traffic Act, 1961-1982	Omit sub-sections (11), (12), (13), (14), (14a), (14b) and (17) Omit from sub-section (19) the definition of ‘hospital’
2	Regulation 2 of the Road Traffic (Blood Analysis) Regulations, 1973 and Schedule No. 1 to those Regulations

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 1983.

2. Statutory Rules 1943 No. 233 as amended by 1945 No. 48; 1946 No. 182; 1947 Nos. 72, 106, 149 and 169; 1948 Nos. 38, 43, 80, 135 and 137; 1950 No. 96; 1951 Nos. 7 and 58; 1952 Nos. 7, 88 and 101; 1953 No. 6; 1956 Nos. 32, 73 and 101; 1958 No. 22; 1960 Nos. 56 and 60; 1961 Nos. 74 and 139; 1962 No. 93; 1963 Nos. 57 and 104; 1965 No. 124; 1966 Nos. 65 and 168; 1967 No. 150; 1968 No. 122; 1969 No. 178; 1970 No. 150; 1972 Nos. 180 and 186; 1973 Nos. 25, 151 and 282; 1974 No. 57; 1975 No. 93; 1977 No. 167; 1978 No. 184; 1979 Nos. 53,116,172 and 223; 1980 No. 321; 1981 No. 310; 1982 No. 297.