Statutory Rules
1975 No. 43
REGULATIONS UNDER THE DEFENCE (RE-ESTABLISHMENT) ACT 1965-1973.*
I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence (Re-establishment) Act 1965-1973.
Dated this thirteenth day of March, 1975.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
Sgd John M. Wheelden
Minister of State for Repatriation and Compensation.
Amendments of the Defence (Re-establishment Loans) Regulations†
Prescribed period for the purposes of paragraph 55 (1) (a) of the Act.
1. Regulation 4 of the Defence (Re-establishment Loans) Regulations is amended—
(a) by inserting after the words “National Service Vocational Training Scheme” (wherever occurring) the words “,the National Employment and Training System”; and
(b) by inserting in sub-regulation (2) after the words “that Scheme” the words “or that System”.
Amounts of Loans.
2. (1) Regulation 6 of the Defence (Re-establishment Loans) Regulations is amended—
(a) by omitting from sub-regulation (1) the words “Six thousand dollars” and substituting the figures “$10,000.00”; and
(b) by omitting from sub-regulation (2) the words “Three thousand dollars” and substituting the figures “$5,000.00”.
(2) The amendments effected by sub-regulation (1) shall be deemed to have come into operation on 31 October 1974.
* Notified in the Australian Government Gazette on 25 March 1975.
† Statutory Rules 1957, No. 102, as amended by Statutory Rules 1967, No. 174; and 1973, Nos. 53 and 286.
Printed by Authority by the Government Printer of Australia
19075/74—Recommended retail price 5c 9/6.3.1975
Overview
Statutory Rules 1975 No. 43, titled "Regulations under the Defence (Re-establishment) Act 1965-1973," was enacted to amend the Defence (Re-establishment Loans) Regulations. This legislative instrument was introduced to address the need for updating the financial provisions and eligibility criteria for loans provided to former defence personnel under the Act. The regulations were made by the Administrator of the Government of Australia, A. R. Cutler, with advice from the Executive Council and were assented to by the Minister of State for Repatriation and Compensation, John M. Wheelden. The primary objective of these regulations was to align the financial support for ex-servicemen and ex-servicewomen with contemporary economic conditions, ensuring that the loan amounts and eligibility criteria reflect the changing needs of the beneficiaries. This legislative instrument ensures that the financial provisions are current and adequately support those who have served in the defence forces.
Scope and Application
The Regulations under the Defence (Re-establishment) Act 1965-1973 primarily apply to individuals who have served in the Australian Defence Force and are seeking financial assistance for re-establishing their civilian lives post-service. The Regulations amend the Defence (Re-establishment Loans) Regulations, specifically addressing the National Employment and Training System, thereby extending the scope of the loans to include this system alongside the National Service Vocational Training Scheme. The Regulations also adjust the loan amounts, increasing the maximum loan for general purposes from $6,000 to $10,000 and the maximum loan for specific vocational training from $3,000 to $5,000. These amendments reflect the evolving needs of service members transitioning to civilian life and aim to provide them with adequate financial support. The Regulations are applicable nationally, covering all states and territories within Australia, and are enforced under the authority of the Commonwealth Government. The changes in loan amounts became effective from 31 October 1974, as indicated in the Regulations.
Key Provisions
The regulations primarily amend the Defence (Re-establishment Loans) Regulations, which are themselves under the Defence (Re-establishment) Act 1965-1973. The key operative sections of these amendments pertain to the prescribed period for certain loans and the amounts of those loans. Regulation 4 is amended to include the "National Employment and Training System" alongside the "National Service Vocational Training Scheme" for the purposes of paragraph 55(1)(a) of the Act (section 1). Additionally, the maximum loan amounts are increased: Regulation 6 now specifies a loan amount of $10,000 for certain categories, up from the previous $6,000, and $5,000 for another category, up from the previous $3,000 (section 2). These changes are intended to align the loan provisions with current employment and training systems.
The regulations impose several obligations and requirements on the entities they govern. Firstly, they necessitate the inclusion of the "National Employment and Training System" in the context of the prescribed period for loans, ensuring that the loans can be applied to this system as well as the "National Service Vocational Training Scheme". Secondly, they mandate an increase in the maximum loan amounts, thereby potentially increasing the financial support available to individuals under these schemes. These changes are intended to provide greater flexibility and support to those re-establishing themselves after service in the defence forces.
While the regulations themselves do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance, breaches of the Defence (Re-establishment) Act 1965-1973 or the Defence (Re-establishment Loans) Regulations could potentially lead to penalties under the parent Act. Depending on the nature and severity of the breach, penalties could include fines or other civil or criminal consequences as prescribed by the overarching legislation. The exact penalties would be determined by the courts based on the specific circumstances of the breach.