Repatriation (Special Overseas Service) Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 187

REGULATIONS UNDER THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962*

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 (Special Overseas Service) Act 1962.

Dated this twenty-eighth day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

EVAN ADERMANN

Minister of State for Veterans’ Affairs

 

AMENDMENTS OF THE REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS 

Heading to Division 2 of Part III

1. The heading to Division 2 of Part III of the Repatriation (Special Overseas Service) Regulations is amended by omitting “ and Sustenance ”.

Regulations 36 and 37 repealed

2. Regulations 36 and 37 of the Repatriation (Special Overseas Service) Regulations are repealed.

Attendance allowance

3. Regulation 40 of the Repatriation (Special Overseas Service) Regulations is amended by inserting after sub-regulation (2) the following sub-regulation:

“ (3) Where a member is entitled to be paid loss of earnings allowance in respect of a period under regulation 71 of the Repatriation Regulations as made applicable to and in relation to members by regulation 66a of these Regulations, the member shall not be entitled to be paid an allowance under sub-regulation (2) in respect of his attendance during that period at a place referred to in sub-regulation (1).”.

 

* Notified in the Commonwealth of Australia Gazette on 5 October 1978.

  Statutory Rules 1963 No. 44 as amended by Statutory Rules 1965 No. 126; 1966 Nos. 141 and 170; 1970 No. 152; 1972 No. 188; 1973 Nos. 153 and 285; 1974 No. 59; 1975 No. 95; and 1977 No. 169.

4. Part III of the Repatriation (Special Overseas Service) Regulations is amended by adding at the end thereof the following Division:

“ Division 9—Application of Repatriation Regulations

Application of certain provisions of the Repatriation Regulations

“ 66a. (1) Subject to sub-regulation (2), the provisions of regulations 71, 71a and 72 of the Repatriation Regulations apply to and in relation to members within the meaning of these Regulations.

“ (2) In the application, in accordance with sub-regulation (1), of regulations 71, 71a and 72 of the Repatriation Regulations—

(a) a reference to a member shall be read as a reference to a member within the meaning of these Regulations;

(b) a reference to ‘ wife ’ shall be read as a reference to ‘ wife ’ within the meaning of these Regulations;

(c) subject to paragraph (e), a reference to ‘ the Act ’ shall be read as a reference to ‘ the Repatriation Act ’;

(d) a reference to war service shall be read as a reference to special service;

(e) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to paragraph (c) of the proviso to sub-section 101 (1) of the Repatriation Act shall be read as a reference to sub-section 6 (9) of the Repatriation (Special Overseas Service) Act 1962; and

(f) sub-regulation 71 (16) shall have effect as if paragraph (b) were omitted.”.

Power of Deputy Commissioner to require information

5. Regulation 69 of the Repatriation (Special Overseas Service) Regulations is amended by omitting from sub-regulation (1) “, sustenance or other allowance ” and substituting “ or allowance ”.

Transitional

6. (1) Where regulation 36 or 37 of the Repatriation (Special Overseas Service) Regulations as in force immediately before the commencement of these Regulations would, if the amendments of the Repatriation (Special Overseas Service) Regulations effected by these Regulations had not come into operation, apply to a member in relation to the whole of a period that commenced before the commencement of these Regulations and ends after the commencement of these Regulations, the provisions of the Repatriation (Special Overseas Service) Regulations as in force immediately before the commencement of these Regulations shall continue to apply in relation to the member in respect of that period as if those amendments had not come into operation.

(2) Where—

(a) a member would, but for sub-regulation (1), be entitled to loss of earnings allowance in respect of any period, being the same period as, or a period forming part of, the period referred to in paragraph (b), in accordance with the provisions of regulation 71 of the Repatriation Regulations as made applicable to and in relation to members by regulation 66a of the Repatriation (Special Overseas Service) Regulations as amended by these Regulations; and

(b) the amount of such allowance would have exceeded so much of the amount of allowance to which he is entitled by virtue of sub-regulation (1) as relates to the period that commences on the commencement of these Regulations and ends on the expiration of the period in relation to which sub-regulation (1) applies to the member,

the member shall be entitled to a supplementary allowance equal to the amount of the excess.