Statutory Rules
1978 No. 185
REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Interim Forces Benefits Act 1947.
Dated this twenty-eighth day of September 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
EVAN ADERMANN
Minister of State for Veterans’ Affairs
AMENDMENTS OF THE INTERIM FORCES BENEFITS REGULATIONS†
Heading to Part II
1. The heading to Part II of the Interim Forces Benefits Regulations is amended by omitting “ AND SUSTENANCE ”.
Regulations 12 and 13 repealed
2. Regulations 12 and 13 of the Interim Forces Benefits Regulations are repealed.
Attendance allowance
3. Regulation 14a of the Interim Forces Benefits Regulations is amended by adding at the end thereof the following sub-regulation:
“ (3) Where a member is entitled to be paid loss of earnings allowance in respect of a period under regulation 71 of the Repatriation Regulations as extended to and in relation to members and the dependants of members by regulation 31 of these Regulations, the member shall not be entitled to be paid an allowance under sub-regulation (2) in respect of his attendance during that period at a place referred to in sub-regulation (1).”.
* Notified in the Commonwealth of Australia Gazette on 5 October 1978.
† Statutory Rules 1947 No. 108 as amended by Statutory Rules 1948 Nos. 82, 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; 1972 Nos. 179 and 185; 1973 Nos. 26, 154 and 283; and 1975 No. 96.
Application of certain provisions of the Repatriation Regulations
4. Regulation 31 of the Interim Forces Benefits Regulations is amended by inserting “, 71, 71a, 72 ” after “ 65a ”.
The Schedule
5. The Schedule to the Interim Forces Benefits Regulations is amended by adding at the end of the Part headed “ (ii) ADAPTATIONS ” the following paragraph:
“ (e) Any reference in regulation 71 to ‘ wife ’ shall be read as a reference to that term as defined in regulation 4 of these Regulations.”.
Transitional
6. (1) Where regulation 12 or 13 of the Interim Forces Benefits Regulations as in force immediately before the commencement of these Regulations would, if the amendments of the Interim Forces Benefits Regulations effected by these Regulations had not come into operation, apply to a member in relation to the whole of a period that commenced before the commencement of these Regulations and ends after the commencement of these Regulations, the provisions of the Interim Forces Benefits Regulations as in force immediately before the commencement of these Regulations shall continue to apply in relation to the member in respect of that period as if those amendments had not come into operation.
(2) Where—
(a) a member would, but for sub-regulation (1), be entitled to loss of earnings allowance in respect of any period, being the same period as, or a period forming part of, the period referred to in paragraph (b), in accordance with the provisions of regulation 71 of the Repatriation Regulations as extended to and in relation to members and the dependants of members by regulation 31 of the Interim Forces Benefits Regulations as amended by these Regulations; and
(b) the amount of such allowance would have exceeded the amount of allowance to which he is entitled by virtue of sub-regulation (1) in relation to the period that commences on the commencement of these Regulations and ends on the expiration of the period in relation to which sub-regulation (1) applies to the member,
the member shall be entitled to a supplementary allowance equal to the amount of the excess.
Overview
Statutory Rules 1978 No. 185, made under the Interim Forces Benefits Act 1947, was enacted to address gaps in the existing regulations concerning allowances for members of the Australian Defence Force. This legislative instrument was developed by the Governor-General, acting on advice from the Federal Executive Council, and the Minister of State for Veterans' Affairs. The primary objective of these regulations was to ensure that the Interim Forces Benefits Regulations are updated to reflect changes in other relevant legislation, such as the Repatriation Regulations. This includes modifying provisions around attendance allowances, the application of certain repatriation provisions, and making necessary adaptations to ensure consistency and fairness in the treatment of members and their dependants.
Scope and Application
The Interim Forces Benefits Regulations 1978, made under the Interim Forces Benefits Act 1947, apply to members of the Australian Defence Force and their dependents. The regulations govern the provision of benefits such as allowances and pensions to these individuals, ensuring they receive adequate support during and after their service. The scope of these regulations extends nationally, as they are enacted by the Commonwealth of Australia. They cover various aspects of financial support, including adjustments to attendance allowances and the application of certain provisions from the Repatriation Regulations. The regulations also include transitional provisions to manage the impact of amendments on existing entitlements. Exclusions or exemptions within the regulations are limited to specific instances, such as the non-payment of attendance allowances during periods when a member is entitled to loss of earnings allowance. The regulations may be further extended or restricted through subordinate instruments, ensuring they remain relevant and effective in meeting the needs of members and their dependents.
Key Provisions
The main operative sections of these regulations pertain to amendments and repeals of existing regulations under the Interim Forces Benefits Act 1947. Specifically, section 2 repeals regulations 12 and 13, while section 3 amends regulation 14a to prevent the payment of attendance allowance to members who are already entitled to loss of earnings allowance under regulation 71 of the Repatriation Regulations. Section 4 extends the application of certain provisions of the Repatriation Regulations to members under the Interim Forces Benefits Regulations. Section 5 amends the Schedule to clarify the definition of 'wife' in relation to regulation 71. Finally, section 6 outlines transitional provisions for members affected by the amendments.
These regulations impose specific obligations and requirements on the parties and entities they govern. For instance, members who are entitled to loss of earnings allowance under regulation 71 of the Repatriation Regulations are not entitled to an attendance allowance under regulation 14a. Additionally, the application of certain provisions of the Repatriation Regulations is extended to members, as outlined in section 4. Transitional provisions in section 6 ensure that members who would have been entitled to different allowances under the repealed regulations receive a supplementary allowance to cover the difference.
The regulations do not explicitly detail offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with these provisions could potentially lead to disputes regarding entitlement to allowances or payments, which might be resolved through administrative review or legal proceedings under the relevant Acts. The specific penalties or consequences would depend on the context and nature of the breach, as well as any applicable laws and regulations.