EXPLANATORY STATEMENT
STATUTORY RULES NO. 48
Issued by Authority of the Minister of State for Veterans’ Affairs
Interim Forces Benefits Regulations (Amendment)
Under section 9 of the Interim Forces Benefits Act 1947 (the Act), the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the Act.
These regulations are consequential upon the provisions of the Repatriation Legislation Amendment Act 1984 which came into operation on 1 January 1985 and which provides for a restructuring of the Repatriation determining system.
Details of the regulations are set out below.
Regulation 1 - Attendance Allowance
Existing regulation 14A of the Interim Forces Benefits Regulations provides for the payment of a loss of earnings allowance in respect of a member who attends a medical or other appointment, at the request of a Deputy Commissioner. Former sub-regulation 14A(2) provided that the allowance was to be calculated in accordance with sub-regulation 46A(2) or (4) of the Repatriation Regulations. As a consequence of the Repatriation Legislation Amendment Act 1984, former Repatriation Regulation 46A has been repealed. The substance of former sub-regulations 46A(2) and (4) is now included in sub-regulations 74A(2) and (4) of the Repatriation Regulations.
Regulation 1 has amended sub-regulation 14A(2) of the Interim Forces Benefits Regulations to delete the reference to sub-regulation 46A(2) or (4) of the Repatriation Regulations and substitute a reference to sub-regulation 74A(2) or (4) of the Repatriation Regulations.
Regulation 2 - Delegation of powers by Commission
Former regulation 29 of the Interim Forces Benefits Regulations provided in part, that the Repatriation Commission could delegate any power or authority of the Repatriation Commission under regulation 30. Sub-regulation 30(3) provides that the ‘Commission’ in regulation 30 includes a person to whom the Repatriation Commission has delegated its powers or functions under regulation 29. These two provisions were therefore repetitive.
Regulation 2 has amended former regulation 29 of the Interim Forces Benefits Regulations to delete the reference to regulation 30 and has thereby removed the duplication between sub-regulations 29(1) and 30(3).
Regulation 3 - Exercise or performance by Commission of powers or functions of Deputy Commissioner or Education Board
Former sub-regulation 30(1) of the Interim Forces Benefits Regulations provided that the Repatriation Commission could exercise any power or authority vested by the Regulations in a Deputy Commissioner or Education Board. Former sub-regulation 30(2) provided that where the exercise of a power or authority was dependent upon the belief or opinion of a Deputy Commissioner or Education Board, the exercise of that power or authority by the Repatriation Commission would depend upon the belief or opinion of the Repatriation Commission. Former sub-regulation 30(3) provided that for the purposes of sub-regulation 30(2) the ‘Commission’ included a person to whom the Repatriation Commission had delegated its power or authority under regulation 29.
Regulation 3 has repealed former regulation 30 of the Interim Forces Benefits Regulations and substituted a new regulation 30 which removes the terms ‘power and authority’ and replaces them with the terms ‘power or function’. This has provided consistency between the language used in regulations 29 and 30.
Regulation 4 - Application of certain provisions of the Repatriation Regulations
Existing regulation 31 of the Interim Forces benefits Regulations extends certain Repatriation Regulations to members and their dependants covered under the Interim Forces Benefits Regulations. Regulation 31 referred to former regulations 72 and 188 of the Repatriation Regulations which have been repealed.
Regulation 3 has amended existing regulation 31 of the Interim Forces Benefits Regulations to delete reference to regulations 72 and 188 of the Repatriation Regulations.
Authority: | Section 9 of the Interim Forces Benefits Act 1947 |
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Overview
The Interim Forces Benefits Regulations (Amendment) Statutory Rules No. 48, issued by authority of the Minister of State for Veterans’ Affairs, were enacted in 2004 to align the Interim Forces Benefits Regulations with the restructuring provisions introduced by the Repatriation Legislation Amendment Act 1984. This amendment was necessary to ensure consistency and coherence within the legislative framework governing benefits for members of the armed forces and their dependants. The regulations aim to update references to regulations that have been repealed or modified, thereby maintaining the operational integrity of the Interim Forces Benefits Act 1947. The policy objective underpinning this legislative amendment is to provide clarity and streamline the administration of benefits by ensuring that the regulations are current and reflect the latest legislative changes.
Scope and Application
The Interim Forces Benefits Regulations (Amendment) 2004 pertain to the Interim Forces Benefits Act 1947 and its application to members of the Australian Defence Force and their dependants. These regulations are designed to align with the changes brought about by the Repatriation Legislation Amendment Act 1984, which restructured the repatriation system. The regulations apply to the Commonwealth and affect the administration and calculation of benefits, such as attendance allowances and the delegation of powers within the Repatriation Commission. The amendments ensure that references to repealed Repatriation Regulations are updated, maintaining consistency and clarity within the regulatory framework. These regulations do not specify any exclusions or exemptions and apply nationally as they pertain to the federal administration of benefits for Defence personnel. The scope of the regulations is extended through subordinate instruments, ensuring that the regulations remain current with legislative changes and administrative practices.
Key Provisions
The Interim Forces Benefits Regulations (Amendment) primarily modifies several regulations to align them with the changes brought about by the Repatriation Legislation Amendment Act 1984. Regulation 1 (sub-regulation 14A(2)) updates the calculation of loss of earnings allowance for members attending medical or other appointments by replacing references to repealed Repatriation Regulations with references to current provisions. This ensures that the allowance is calculated correctly in accordance with the most recent Repatriation Regulations, specifically sub-regulations 74A(2) and (4). Regulation 2 removes redundant language from former regulation 29 by deleting the repetitive reference to regulation 30, thus streamlining the text and eliminating duplication. Regulation 3 updates former regulation 30 by replacing the terms 'power and authority' with 'power or function', which aligns the language of this regulation with that of regulation 29, thereby enhancing clarity and consistency. Regulation 4 updates existing regulation 31 to reflect the repeal of former Repatriation Regulations 72 and 188, ensuring that the Interim Forces Benefits Regulations continue to accurately reference applicable provisions.
The Interim Forces Benefits Regulations (Amendment) impose obligations on the Repatriation Commission to ensure that the loss of earnings allowance is calculated correctly for members attending appointments, as per the updated sub-regulation 14A(2). The Repatriation Commission is also required to manage its delegated powers and functions in a streamlined manner, as per the amendments to regulations 2 and 3. Specifically, the Commission must exercise its powers and functions consistently and without unnecessary repetition. Additionally, the Commission must ensure that the provisions of the Repatriation Regulations that apply to members and their dependants are kept up-to-date and correctly referenced, as per the amendments to regulation 4.
The Interim Forces Benefits Regulations (Amendment) do not explicitly detail specific offences, penalties, or consequences for non-compliance. However, the underlying Interim Forces Benefits Act 1947 and associated regulations may contain provisions that allow for enforcement actions, fines, or other penalties for non-compliance with the regulations. The exact nature and severity of these penalties would depend on the specific provisions of the Act and any relevant administrative or judicial decisions. It is advisable for parties affected by these regulations to seek legal advice to fully understand their obligations and the potential consequences of non-compliance.