EXPLANATORY STATEMENT
STATUTORY RULES NO. 300
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
INTERIM FORCES BENEFITS ACT 1947
INTERIM FORCES BENEFITS REGULATIONS (AMENDMENT)
Under section 9 of the Interim Forces Benefits Act 1947, 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.
The proposed regulations will give effect to the Government’s 1982-83 Budget decision to increase the current rate payable in respect of funeral expenses to $500.
Regulation 28 of the Interim Forces Benefits Regulations provides a monetary grant towards the funeral expenses of a member whose death is due to service, a member who dies in indigent circumstances, in an institution, while proceeding to or from an institution or dies after being discharged while terminally ill from an institution.
The proposed regulations will increase the current monetary grant towards the cost of funeral expenses to $500 in respect of the death of a member that occurs on or after 1 November 1982.
Overview
The Interim Forces Benefits Regulations (Amendment) Statutory Rules 2004, issued by the Minister of State for Veterans’ Affairs, amend the Interim Forces Benefits Regulations under the authority granted by section 9 of the Interim Forces Benefits Act 1947. This legislative action aims to address the need to update the monetary grant for funeral expenses provided to the families of deceased members of the defence force, in line with the Government’s 1982-83 Budget decision. The policy objective behind this amendment is to ensure that the financial assistance provided to families of deceased service members remains adequate and reflects current economic conditions, thereby supporting the welfare of veterans and their families.
The regulations specifically adjust the monetary grant towards funeral expenses to $500 for deaths occurring on or after 1 November 1982, as stipulated in Regulation 28 of the Interim Forces Benefits Regulations. This adjustment ensures that the support provided to affected families is both timely and reflective of the cost of living, thereby fulfilling the legislative intent to provide necessary financial relief and support.
Scope and Application
The Interim Forces Benefits Regulations (Amendment) 2004 applies to members of Australia's defence forces and their families, specifically in relation to funeral expenses for members who die under certain conditions. These conditions include death due to service, death in indigent circumstances, death in an institution, death while proceeding to or from an institution, or death after being discharged while terminally ill from an institution. The regulations are a direct implementation of the 1982-83 Budget decision to increase the monetary grant for funeral expenses from the existing rate to $500. This amendment to the Interim Forces Benefits Regulations, issued under the authority of the Minister of State for Veterans’ Affairs, has a national reach as it pertains to the Commonwealth’s obligations under the Interim Forces Benefits Act 1947. The regulations apply to all members and their families nationwide, irrespective of state or territory boundaries. The regulations do not specify any exclusions or exemptions; however, they are limited to the specific circumstances outlined in Regulation 28. The application of these regulations can be further extended or refined through subordinate instruments as may be deemed necessary or convenient for the purposes of the Act.
Key Provisions
The Interim Forces Benefits Regulations (Amendment) primarily amend the existing regulations under section 9 of the Interim Forces Benefits Act 1947. This section empowers the Governor-General to issue regulations that align with the Act and are necessary for its effective implementation. Regulation 28, as amended, specifies the monetary grant provided towards the funeral expenses of a member who dies under certain conditions, including death due to service, in indigent circumstances, in an institution, or while terminally ill after being discharged from an institution. The amendment increases the current grant amount from the previous rate to $500, effective from 1 November 1982.
These regulations impose obligations on the relevant authorities to ensure that the increased monetary grant of $500 is correctly applied and disbursed to eligible beneficiaries. The amendment requires adherence to the new rates in processing claims related to funeral expenses for members who meet the specified criteria. This includes verifying the circumstances of the member's death to determine eligibility and ensuring that the financial assistance is appropriately calculated and provided in accordance with the updated regulations.
The Interim Forces Benefits Regulations (Amendment) also outline potential consequences for non-compliance with the new provisions. While the regulations themselves do not specify explicit offences or penalties, failure to comply with the Act and its regulations could lead to legal repercussions. Non-compliance might result in civil or administrative penalties, including fines or other corrective measures, as stipulated by the broader legal framework governing the administration of benefits under the Interim Forces Benefits Act 1947. The specific penalties would depend on the nature and extent of the non-compliance, as well as any additional laws or regulations that apply.