EXPLANATORY STATEMENT
DEFENCE (RE-ESTABLISHMENT) ACT 1965
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
1986 No. 231
Section 60 of the Defence (Re-establishment) Act 1965 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed for carrying out or giving effect to the Act.
Paragraph 55(1)(a) of the Act provides that the period within which a person may apply for a re-establishment loan be prescribed by the regulations.
The Defence (Re-establishment Loans) Regulations prescribe the conditions upon which re-establishment loan will be granted.
Proposed paragraph (h) of regulation 4 of the Defence (Re-establishment Loans) Regulation extends the definition of “incapacitated eligible person” to include a person who is receiving or has received a pension or other benefits under the Veterans’ Entitlements Act 1986 (Act No 27 Assented to 19 May 1986) in respect of incapacity. That Act which repealed the Repatriation Act 1920, provides for veterans’ entitlements amoungst other things. The other provisions of the proposed regulations merely clarify the definition of Repatriation Commission and correct the titles of relevant legislation.
Details of the proposed regulations are as follows:
Regulation 1
This Regulation defines Act to mean “Defence (Re-establishment) Act 1965.” It clarifies the title of the Act.
Regulation 2
This regulation amends Regulation 3 of the Defence (Re-establishment Loans) Regulations by omitting from Paragraph (a) “appointed under the Repatriation Act 1920 - 1966”. The regulation in effect redefines Repatriation Commission.
Regulation 3
This regulation amends regulation 4 of the Defence (Re establishment Loans) Regulations:
(a) by omitting from paragraph (c) of the definition of “incapacitated eligible person” in sub-regulation (1) “Social Services Act 1947-1966 or that Act as amended,” and substituting “Social Security Act 1947”; and
(b) by omitting paragraphs (d), (e), (f) and (g) of that definition and substituting the following paragraphs:
“(d) compensation under the Commonwealth Employees Compensation Act 1930;
(e) pension or other benefit under the Repatriation (Special Overseas Service) Act 1932;
(f) pension or other benefit under the Repatriation Act 1920;
(g) pension or other benefit under the Repatriation (Far East Strategic Reserve) Act 1956; or
(h) pension or other benefit under the Veterans’ Entitlements Act 1986”.
Authorized by the Attorney-General