STATUTORY RULES.
1948. No. 137.
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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION
ACT 1920-1948.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1920-1948.
Dated this twenty-seventh day of October, 1948.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
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Amendments of the Australian Soldiers’ Repatriation Regulations.†
Commencement.
1. These Regulations shall come into operation on the twenty-eighth day of October, 1948.
Definitions.
2. Regulation 5 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from paragraph (b) of the definition of “child” the words “(not being, in the case of an adopted child, an ex-nuptial child of the member),”.
Reduction of service pensions under section 91a of the Act.
3. After regulation 28 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—
“28a. Where the rates of the service pensions of a member and his wife are reduced in accordance with paragraph (b) of sub-section (1.) of section 91a of the Act, the respective service pensions of the member and his wife shall, unless in any particular case the Commission otherwise determines, each be reduced by an amount equal to half the excess referred to in that paragraph.”.
Widowed mother.
4. Regulation 32 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from sub-regulation (l.) the words “100s. per fortnight” and inserting in their stead the words “120s. per fortnight”.
* Notified in the Commonwealth Gazette on , 1948.
† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72, 106, 149 and 169 ; and 1948. Nos. 38, 43, 80 and
5333.—Price 3d. 10/15.10.1948.
Sustenance allowance while undergoing medical treatment, &c.
5. Regulation 71 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from the scale in sub-regulation (1.) the figures “100” and “44” and inserting in their stead the figures “110” and “48”, respectively.
Repeal.
6. Regulations 176b and 176c of the Australian Soldiers’ Repatriation Regulations are repealed.
Allowance to certain incapacitated 1914-1918 members.
7. Regulation 195 of the Australian Soldiers’ Repatriation Regulations is amended by omitting the words “44s. per fortnight” and inserting in their stead the words “48s. per fortnight”.
By Authority. L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1948 No. 137, titled Regulations under the Australian Soldiers’ Repatriation Act 1920-1948, was enacted to address the need for amendments to the existing regulations concerning the pensions and allowances for Australian soldiers and their families. This legislative instrument was made by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on 28 October 1948. The regulations were designed to modify various aspects of the existing Australian Soldiers’ Repatriation Regulations, such as the definitions, reduction of service pensions, sustenance allowances, and specific financial provisions for widowed mothers and incapacitated members. The primary objective of these amendments was to ensure that the benefits provided to soldiers and their families were adjusted in line with changes in economic conditions and the evolving needs of the recipients.
Scope and Application
The Australian Soldiers' Repatriation Regulations, as amended by Statutory Rules 1948, No. 137, apply to veterans and their families who are entitled to benefits under the Australian Soldiers' Repatriation Act 1920-1948. These regulations primarily govern the administration of service pensions, allowances, and other benefits for ex-service personnel and their dependents, covering aspects such as pension reductions, sustenance allowances, and specific payments for widowed mothers and incapacitated members. The regulations extend across the Commonwealth of Australia, impacting those who served in the military and their immediate family members. Notably, these regulations also provide for adjustments to the financial provisions of pensions and allowances based on changes in the law or economic conditions. Certain provisions are subject to modification through subordinate instruments, allowing for updates to the rates and conditions of benefits as necessary. The amendments outlined in this particular legislative instrument include changes to pension reduction calculations, sustenance allowances during medical treatment, and payments for widowed mothers and incapacitated members, reflecting an effort to align the legislative framework with current circumstances and needs.
Key Provisions
The Australian Soldiers’ Repatriation Regulations (1948) amend the existing regulations under the Australian Soldiers’ Repatriation Act 1920-1948, introducing changes effective from 28 October 1948. These amendments include a revision to the definition of "child" in Regulation 5, removing the exclusion of adopted ex-nuptial children (Section 2). Additionally, Regulation 28a introduces a new rule that where service pensions are reduced under Section 91a of the Act, both the member's and their wife's pensions will each be reduced by half the excess amount unless otherwise determined by the Commission (Section 3). Regulation 32 is amended to increase the fortnightly allowance for a widowed mother from 100 shillings to 120 shillings (Section 4).
These regulations impose specific financial obligations on the government, particularly in terms of pension adjustments and allowances for dependents of service members. For instance, they require the government to adjust service pensions according to the new provisions outlined in Regulation 28a. Furthermore, the amendment in Regulation 32 necessitates an increase in fortnightly payments to widowed mothers, while Regulation 71 increases the sustenance allowance for members undergoing medical treatment. These financial commitments ensure that the government provides adequate support to those who qualify under the Act.
Failure to comply with these regulations could lead to legal consequences. Although the document does not explicitly detail penalties for non-compliance, breaches of regulations under the Australian Soldiers’ Repatriation Act 1920-1948 could potentially result in civil or administrative penalties as stipulated by other relevant legislation. Non-compliance could also lead to disputes or litigation regarding the correct amount of pensions and allowances, which might result in court-ordered adjustments or payments. The precise penalties and consequences would depend on the specific nature and severity of the breach, as well as other applicable laws and regulations.