EXPLANATORY STATEMENT
MAINTENANCE ORDERS (COMMONWEALTH OFFICERS) ACT 1966
MAINTENANCE ORDERS (COMMONWEALTH OFFICERS) REGULATION 1986 No. 230
Section 8 of the Maintenance Orders (Commonwealth Officers) Act 1966 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act and in particular for excluding or modifying the operation or effect of any provisions of a law of a State or Territory in their application by virtue of the Act, including exempting from the application of any such provisions moneys of prescribed classes.
Sub-regulation 5(1) of the Maintenance Orders (Commonwealth Officers) Regulations provides that where under the provisions of a law that applies by force of the Act as a law of the Commonwealth, the earnings of a person for the purpose of those provisions would, but for this regulation, include moneys of a specified class of moneys, the provisions of that law, in their application by virtue of the Act, are modified to the extent that the earnings of a person do not for the purpose of those provisions include moneys of a class so specified.
Sub-regulation 5(2) specifies classes of moneys for the purpose of sub-regulation 5(1). The Veterans’ Entitlements Act 1986 (Act No 27 Assented to 19 May 1986) repealed the Repatriation Act 1920, the Repatriation (Far East Strategic Reserve) Act 1956 and the Repatriation (Special Overseas Services) Act 1962. As a consequence it is proposed that paragraph (b) of sub regulation 5(2) be repealed and a new paragraph (b) substituted which refers to moneys payable to a person under the Seamen’s War Pensions and Allowances Act 1940 or the Veterans’ Entitlement Act 1986.
Details of the proposed regulations are as follows:
Regulation 5 of the Maintenance Orders (Commonwealth Officers) Regulations is amended by omitting paragraph (2) (b) and substituting the following paragraph:
“(b) moneys payable to a person under the Seamen’s War Pensions and Allowances Act 1940 or the Veterans’ Entitlements Act 1986”.
Authorized by the Attorney-General