Statutory Rules
1975 No. 96
REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947-1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the
Executive Council, hereby make the following Regulations under the Interim Forces Benefits Act 1947-1974.
Dated this twenty-ninth day of May, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
JOHN M. WHEELDON
Minister of State for Repatriation and Compensation.
Amendments of the Interim Forces Benefits Regulations†
Expenses of travelling for medical treatment or pension purposes.
1. Regulation 14 of the Interim Forces Benefits Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (4) the words “ Nineteen dollars sixty-five cents ” and substituting the figures “ $22.50 ”; and
(b) by omitting from paragraph (b) of sub-regulation (4) the words “ Fourteen dollars seventy-five cents ” and substituting the figures “ $17.00 ”.
Attendance allowance.
2. Regulation 14a of the Interim Forces Benefits Regulations is amended by omitting sub-regulations (3) to (8) inclusive and substituting the following sub-regulation:—
“ (2) Where a member to whom this regulation applies is required to attend at a place referred to in sub-regulation (1) for a purpose specified in that sub-regulation, he is entitled to be paid an allowance in respect of that attendance at the same rate and subject to the same conditions as if he were, in respect of that attendance, entitled to be paid an allowance under sub-regulation 46a (2) or (4) of the Repatriation Regulations.”.
Funeral expenses.
3. Regulation 28 of the Interim Forces Benefits Regulations is amended by omitting the words “ Thirty dollars, towards ” and substituting the words “ the amount that would reasonably have been incurred in respect of ”.
* Notified in the Australian Government Gazette on 30 May 1975.
† Statutory Rules 1947, No. 108, as amended by Statutory Rules 1948, Nos. 83, 136 and 138; 1950, No. 97; 1951, No. 8; 1953, No. 7: 1961, No. 118; 1965, No. 127; 1967, No. 151; 1968, No. 124; 1969, No. 176; 1970, No. 154.
Application of certain provisions of Repatriation Regulations.
4. Regulation 31 of the Interim Forces Benefits Regulations is amended—
(a) by omitting the figures “ 77,” and substituting the figures “ 65a, 77,”; and
(b) by inserting after the figures “ 176d,” the figures “ 180, 180aa,”.
Schedule.
5. The Schedule to the Interim Forces Benefits Regulations is amended by adding at the end of the table headed “ (i) MODIFICATIONS ” the following paragraphs:—
“ (c) Regulation 180 ....... | (i) Insert in paragraph (b) of sub-regulation (1) after the figures ‘ 66 (2) ’ the words ‘ of the Repatriation Regulations ’; and |
(ii) Insert after sub-regulation (7) the following sub-regulation:— |
‘ (7a) Decoration allowance is not payable under this regulation to a member to whom this regulation applies where decoration allowance is payable to the member under regulation 180 of the Repatriation Regulations. |
(d) Regulation 180aa ....... | Add at the end thereof the following sub-regulation:— |
‘ (5) Victoria Cross allowance is not payable to a member under this regulation where Victoria Cross allowance is payable to the member under regulation 180aa of the Repatriation Regulations.’.”. |
Overview
Statutory Rules 1975 No. 96, the Regulations under the Interim Forces Benefits Act 1947-1974, was enacted to address the need for updated provisions concerning benefits for interim forces, particularly in relation to travel expenses for medical treatment or pension purposes, attendance allowances, and funeral expenses. This legislative instrument was made by the Governor-General of Australia, acting with the advice of the Executive Council, with the intent to ensure that the benefits provided are reflective of current circumstances and fairly compensate interim forces members for their specific needs. The policy objective is to provide a timely and relevant update to the interim forces benefits regulations, ensuring they align with the changing requirements of those who have served in interim forces capacities.
Scope and Application
The Interim Forces Benefits Regulations, established under the Interim Forces Benefits Act 1947-1974, apply to individuals and entities associated with the Commonwealth's defence forces, including current and former members of the Australian Defence Force (ADF) and their dependents. The regulations specifically address financial benefits such as travel expenses for medical treatment or pension purposes, attendance allowances, and funeral expenses. The geographic reach of these regulations is national, as they are implemented across Australia under the authority of the Commonwealth. The regulations extend their application by incorporating certain provisions from the Repatriation Regulations, thereby ensuring a consistent approach to the benefits available to defence force members. Notably, these regulations exclude instances where specific allowances, such as decoration or Victoria Cross allowances, are already covered under the Repatriation Regulations, ensuring that members do not receive duplicate benefits.
Key Provisions
The main provisions of the Statutory Rules 1975 No. 96 pertain to amendments of the Interim Forces Benefits Regulations, which are regulations made under the Interim Forces Benefits Act 1947-1974. Regulation 14 is amended to adjust the rates of reimbursement for travel expenses for medical treatment or pension purposes, with the new rates set at $22.50 and $17.00 respectively (sub-reg. 14(4)(a) and (b)). Regulation 14a is amended to align the attendance allowance for members required to attend specific places for specified purposes with the conditions of the Repatriation Regulations (reg. 14a(2)). Regulation 28 is amended to ensure that funeral expenses are reimbursed based on the amount that would reasonably have been incurred (reg. 28). Regulation 31 is amended to include certain provisions from the Repatriation Regulations (reg. 31(a) and (b)). The Schedule is also amended to specify that certain allowances, such as decoration allowance and Victoria Cross allowance, are not payable under the Interim Forces Benefits Regulations if they are already payable under the Repatriation Regulations (Schedule, paras (c) and (d)).
The obligations imposed by these regulations primarily concern the payment of allowances and reimbursements to members and their dependents under specific conditions. For instance, members attending specified locations for particular reasons are entitled to an attendance allowance equivalent to that provided under the Repatriation Regulations (reg. 14a(2)). Additionally, members must be reimbursed for travel expenses incurred for medical treatment or pension purposes at the newly specified rates (reg. 14(4)(a) and (b)). Funeral expenses must be reimbursed based on reasonable and incurred amounts (reg. 28). Furthermore, certain allowances, such as decoration allowance and Victoria Cross allowance, are not payable under the Interim Forces Benefits Regulations if they are already payable under the Repatriation Regulations (Schedule, paras (c) and (d)).
The regulations do not explicitly outline specific offences or penalties for breaches. However, failure to comply with the requirements for allowances and reimbursements as stipulated could potentially lead to disputes or claims under the Interim Forces Benefits Act 1947-1974. Any breaches of the Act could result in legal consequences, though the precise nature of these consequences would depend on the context and specific provisions of the Act. Generally, non-compliance with statutory obligations could lead to administrative penalties, legal action, or other remedial measures as deemed appropriate by the relevant authorities.