STATUTORY RULES.
1951. No. 8.
REGULATIONS UNDER THE INTERIM FORCES BENEFITS
ACT 1947-1950.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Interim Forces Benefits Act 1941-1950.
Dated this sixteenth
day of February , 1951.
W.J. McKELL
Governor-General.
By His Excellency's Command,
.
AMENDMENTS OF THE INTERIM FORCE REGULATIONS.†
Commencement.
1. These Regulations shall be deemed to have taken effect on the second day of November, 1950.
Definitions
2. Regulation 4 of the Interim Forces Benefits Regulations is amended—
(a) by omitting the definition of " child " and inserting in its stead the following definition :—
" ' child ' means the child, under the age of sixteen years, of a member, being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child, but not including any step-son, step-daughter or adopted child who became dependent on the member more than seven years after the termination of his service or any ex-nuptial child who was born more than nine months after the termination of his service ; ";
(b) by omitting the definition of " widow " and inserting in its stead the following definition:—
" 'widow ' means the widow of a deceased member ; "; and
(c) by omitting the definition of " wife ".
* Notified in the Commonwealth Gazette on , 1951.
† Statutory Rules 1947, No. 108, as amended by Statutory Rules 1948, Nos. 82, 136 and 138 ; and 1950, No. 97.
6093.—Price 3D. 10/10.1.1951
Sustenance allowance while undergoing medical treatment , &c.
3. Regulation 12 of the Interim Forces Benefits Regulations is amended by omitting from sub regulation (1) the table and inserting in its stead the following table :—
In respect of | Fortnightly Amount |
| | | |
| £ | s. | d. |
The member............................................. | 7 | 0 | 0 |
The wife of the member..................................... | 3 | 1 | 0 |
Each child of the member.................................... | 1 | 3 | 0 |
The Schedule.
4. The Schedule to the Interim Forces Benefits Regulations is amended by omitting from the definition of " dependant " in paragraph
(a) of the table headed " (i) modifications " the words ", section 42 ".
By Authority : l. f. johnston Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1951 No. 8, Regulations Under the Interim Forces Benefits Act 1947-1950, were enacted by the Governor-General of Australia, W.J. McKell, acting on the advice of the Federal Executive Council. These regulations were introduced to amend the Interim Forces Benefits Regulations to better align with the needs of service members and their families. The primary objective of these amendments is to provide clearer definitions for dependents and to adjust the sustenance allowance rates for members undergoing medical treatment. The changes also include modifications to the definitions of "child" and "widow" and the removal of the definition of "wife". These regulations reflect the evolving understanding of family dynamics and aim to ensure that benefits are accurately and fairly distributed to those in need.
Scope and Application
The Interim Forces Benefits Regulations, as amended by Statutory Rules 1947, No. 108, and further amended by Statutory Rules 1948, Nos. 82, 136 and 138; and 1950, No. 97, provide specific provisions for members of the armed forces and their dependents under the Interim Forces Benefits Act 1941-1950. These regulations apply to members of the armed forces and their families, including their spouses and children, as defined within the regulations. The regulations are of Commonwealth jurisdiction and apply across Australia. They provide for various allowances and benefits, including sustenance allowances while members are undergoing medical treatment. The regulations include amendments to definitions of "child" and "widow", and adjustments to the sustenance allowance amounts. The regulations came into effect on the second day of November, 1950, and any further amendments or extensions of application are to be made through subordinate instruments as specified within the Act.
Key Provisions
These regulations, made under the Interim Forces Benefits Act 1941-1950, come into effect on 2 November 1950. They amend existing definitions and allowances for members of the armed forces and their families. Specifically, they redefine "child" to mean a member's biological or adopted child under the age of sixteen, excluding those who became dependent on the member after a certain period following service termination (section 2(a)). They also redefine "widow" to mean the widow of a deceased member and remove the definition of "wife" (section 2(b) and (c)).
These amendments impose new obligations on the relevant parties. The definition of "child" now excludes certain step-children and adopted children based on their relationship to the member after the termination of service, which may affect eligibility for certain benefits. The definition of "widow" remains narrowly focused on the widow of a deceased member, impacting the scope of dependency benefits. The removal of the definition for "wife" likely means that the regulations will now operate solely on the definitions of "member," "child," and "widow."
For breach of these regulations, there are no explicit provisions detailing offences, penalties, or consequences. However, as these regulations are made under the Interim Forces Benefits Act 1941-1950, any breaches of the act or its regulations could result in legal consequences under the act's provisions. These could include fines, imprisonment, or other penalties as determined by the relevant courts.