Interim Forces Benefits Regulations (Amendment)

Overview

The Interim Forces Benefits Regulations 1981 (Amendment) was enacted to address the need for updating the financial provisions within the Interim Forces Benefits Act 1947, particularly in relation to funeral expenses for members of the forces. Made under the authority of the Governor-General, acting on the advice of the Federal Executive Council, these regulations specifically amend the amount allocated for funeral expenses, increasing it from $300 to $400. This legislative instrument aims to ensure that the financial support provided to the families of deceased service members remains current and reflective of contemporary costs. The policy objective underpinning this amendment is to provide adequate and timely support to the families of deceased members, acknowledging the evolving economic landscape since the original enactment of the Interim Forces Benefits Act. These regulations apply to deaths occurring on or after 1 November 1981, ensuring that the financial support for funeral expenses is promptly updated to assist affected families. The amendments were notified in the Commonwealth of Australia Gazette on 30 October 1981, following the statutory process outlined under the Interim Forces Benefits Act. This legislative update underscores the commitment to maintaining and improving the welfare provisions for veterans and their families.

Scope and Application

The Interim Forces Benefits Regulations 1981 (Amendment) pertain to the interim benefits provided to members of the Australian Defence Force and their families. This legislative instrument amends the Interim Forces Benefits Regulations 1947, specifically increasing the funeral expenses reimbursement from $300 to $400 for the deaths of members occurring on or after 1 November 1981. The regulations apply to eligible members and their families within the Commonwealth of Australia. The scope of the Act is confined to the financial assistance related to funeral expenses, with no broader jurisdictional or industry-specific implications. The amendments do not extend or restrict the application beyond the specified changes to funeral expense reimbursements, nor do they introduce any exclusions, exemptions, or thresholds beyond the parameters of the original legislation. The application of these regulations is directly under the Interim Forces Benefits Act 1947 and does not rely on any subordinate instruments for further extension or restriction of its application.

Key Provisions

The Interim Forces Benefits Regulations 1981, as amended, contain several key provisions concerning the benefits provided to members of the Australian Defence Force and their families. Under section 1 of these Regulations, regulation 28, which pertains to funeral expenses, has been amended to increase the allowable amount from $300 to $400. This amendment applies to the deaths of members occurring on or after 1 November 1981 (Regulation 2). The obligations imposed by these Regulations require that the specified increases in benefits be provided to eligible members and their families. For instance, the increased funeral expense allowance must be made available and administered according to the terms set out in the Interim Forces Benefits Act 1947. The amendments ensure that those who are eligible under the Act receive the updated benefits as stipulated by these Regulations. Breaches of these Regulations may result in civil or criminal consequences, although the specific details of such consequences are not outlined within the text of the Regulations themselves. The Interim Forces Benefits Act 1947, under which these Regulations are made, likely provides the framework for any enforcement actions, including potential penalties for non-compliance. The exact nature and extent of any penalties would need to be referred to in the parent Act or further legislative instruments. The maximum penalties, if applicable, would also be detailed within the parent Act or relevant legislation.