STATUTORY RULES.
1923. No. 204.
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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS REPATRIATION ACT 1920‑22.
I, THE GOVERNOR‑GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby made the following Regulations under the Australian Soldiers' Repatriation Act 1920‑22, to come into operation as from the 13th September, 1923.
Dated this eleventh day of December, 1923.
FORSTER,
Governor‑General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for Treasurer.
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Amendment of Australian Soldiers' Repatriation Regulations 1920
(Statutory Rules 1920, No. 112, as amended to this date.)
1. Regulation 89c of the Australian Soldiers' Repatriation Regulations is amended by adding at the end thereof the following further proviso:
Provided further that, where on the date of the commencement of the Invalid and Old‑age Pensions Act 1923, any person granted an allowance under this regulation was in receipt of an old‑age or invalid pension under the Invalid and Old‑age Pensions Act 1908‑1920 any allowance granted to her under this regulation shall not be reduced in consequence of the increase in the old‑age or invalid pension effected by the Invalid and Old‑age Pensions Act 1923.
2. Regulation 89d of the Australian Soldiers' Repatriation Regulations is amended:—
(a) by omitting the figures “25” and inserting in their stead the figures “30” and
(b) by omitting from the second proviso the words “twenty‑five” and inserting in their stead the word “thirty”.
3. Regulation 89e of the Australian Soldiers' Repatriation Regulations is amended by adding at the end thereof the following further proviso:
Provided further that, where on the date of the commencement of the Invalid and Old‑age Pensions Act 1923, any person granted an allowance under this regulation was in receipt of an old‑age or invalid pension under the Invalid and Old‑age Pensions Act 1908‑1920 any allowance granted to him under this regulation shall not be reduced in consequence of the increase in the old‑age or invalid pension effected by the Invalid and Old‑age Pensions Act 1923.
C.19190.—Price 3d
4. Regulation 89f of the Australian Soldiers' Repatriation Regulations is amended by adding at the end thereof the following further proviso:
Provided further that, where on the date of the commencement of the Invalid and Old‑age Pensions Act 1923, any person granted an allowance under this regulation was in receipt of an old‑age or invalid pension under the Invalid and Old‑age Pensions Act 1908‑1920 any allowance granted to her under this regulation shall not be reduced in consequence of the increase in the old‑age or invalid pension effected by the Invalid and Old‑age Pensions Act 1923.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Australian Soldiers' Repatriation Regulations 1923, enacted by the Governor-General in accordance with the advice of the Federal Executive Council, were established to amend the Australian Soldiers' Repatriation Regulations 1920. These regulations were introduced to address the need for adjusting allowances and benefits to Australian soldiers in light of the enactment of the Invalid and Old-age Pensions Act 1923. The policy objective was to ensure that the allowances granted under the Australian Soldiers' Repatriation Regulations would not be adversely affected by the increases in pensions under the new act, thereby providing continued support to eligible soldiers without reducing their benefits due to changes in pension rates.
Scope and Application
The Australian Soldiers' Repatriation Regulations 1923 amend the existing regulations under the Australian Soldiers' Repatriation Act 1920-22. These regulations apply to individuals who are recipients of allowances under specific sections of the Australian Soldiers' Repatriation Regulations 1920, particularly those who were already receiving old-age or invalid pensions under the Invalid and Old-age Pensions Act 1908-1920 as of the commencement of the Invalid and Old-age Pensions Act 1923. The amendments ensure that the allowances granted under these regulations will not be reduced due to any increases in old-age or invalid pensions effected by the newer act. This legislative instrument has a Commonwealth reach, as it is enacted under federal authority and applies to individuals across Australia who meet the specified criteria. The regulations do not explicitly exclude any groups or entities but are targeted towards those who were previously receiving pensions and now receive allowances under the Australian Soldiers' Repatriation Regulations.
Key Provisions
The key operative sections of the Regulations under the Australian Soldiers' Repatriation Act 1920-22 are primarily concerned with the adjustments of allowances provided to individuals under specific regulations. Regulation 89c (paragraph 1), Regulation 89d (paragraph 2), Regulation 89e (paragraph 3), and Regulation 89f (paragraph 4) are the sections that have been amended. Regulation 89c and 89e, as well as 89f, now include a proviso ensuring that allowances are not reduced if the individual was already receiving an old-age or invalid pension under the Invalid and Old-age Pensions Act 1908-1920 at the time the Invalid and Old-age Pensions Act 1923 came into effect. Regulation 89d has been amended to change the figures from "25" to "30" and to adjust the wording accordingly. These amendments aim to protect the entitlements of certain individuals who are receiving both types of pensions.
The obligations and requirements imposed by these Regulations on the parties or entities they govern include ensuring that the allowances provided to eligible individuals are not reduced under the specified circumstances. Specifically, the Repatriation Department and relevant pension authorities must verify that individuals who were receiving old-age or invalid pensions under the Invalid and Old-age Pensions Act 1908-1920 at the time of the commencement of the Invalid and Old-age Pensions Act 1923 continue to receive their allowances without reduction. Additionally, the new figures of "30" instead of "25" must be applied where specified, ensuring that the updated amounts are correctly administered.
Failure to comply with these Regulations could lead to unintended reductions in the allowances of eligible individuals, potentially causing financial hardship. The Regulations are clear in their intent to protect the entitlements of those who were already receiving pensions at the time of the new Act's commencement. However, the text does not explicitly state any specific offences, penalties, or consequences for breach. Given the nature of the amendments, non-compliance might result in legal challenges or administrative actions to rectify the incorrect application of allowances.