Maintenance Orders (Commonwealth Officers) Regulations (Amendment) 1995 No. 347
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 347
Issued by the Authority of the Attorney-General
Maintenance Orders (Commonwealth Officers) Act 1966
Maintenance Orders (Commonwealth Officers) Regulations (Amendment)
Section 8 of the Maintenance Orders (Commonwealth Officers) Act 1966 empowers the Governor-General to make regulations for the purposes of the Act.
As a consequence of the Government's decision to integrate Australian mariners with veterans under the Veterans' Entitlements Act 1986, the Seamen's War Pensions and Allowances Act 1940 was repealed by the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994.
Proposed Regulation 5 would amend paragraph 5(2)(b) to repeal the reference to the Seamen's War Pensions and Allowances Act 1940 and to reflect the relevant savings and transitional provisions contained in Division 2 of Part 3 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994. Division 2 of Part 3 provides for the continuation under the Veterans' Entitlements Act 1986 of the payment of pensions, allowances, benefits and expenses that were granted under the repealed Seamen's War Pensions and Allowances Act 1940 or the Seamen's War Pensions and Allowances Regulations., for the provision of medical treatment that was granted under the Seamen's War Pensions and Allowances Regulations; and for claims and applications that were begun under the Seamen's War Pensions and Allowances Act 1940 or the Seamen's War Pensions and Allowances Regulations.
Overview
The Maintenance Orders (Commonwealth Officers) Regulations (Amendment) 1995 No. 347 was enacted to address the legislative gap left by the repeal of the Seamen's War Pensions and Allowances Act 1940 following the integration of Australian mariners with veterans under the Veterans' Entitlements Act 1986. This amendment was made pursuant to section 8 of the Maintenance Orders (Commonwealth Officers) Act 1966, which empowers the Governor-General to make regulations for the purposes of the Act. The policy objective of this amendment is to ensure the seamless continuation of pensions, allowances, benefits, expenses, and medical treatment, as well as the processing of claims and applications, that were previously governed by the repealed Seamen's War Pensions and Allowances Act 1940, now under the Veterans' Entitlements Act 1986. The integration is facilitated by the savings and transitional provisions contained in Division 2 of Part 3 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994.
Scope and Application
The Maintenance Orders (Commonwealth Officers) Regulations (Amendment) 1995 No. 347 applies to Commonwealth officers as defined under the Maintenance Orders (Commonwealth Officers) Act 1966, extending to any matters pertaining to maintenance orders for these officers. This regulation has a national reach, impacting all Commonwealth officers across Australia. The amendment primarily addresses the integration of Australian mariners with veterans under the Veterans' Entitlements Act 1986, following the repeal of the Seamen's War Pensions and Allowances Act 1940. Proposed Regulation 5 specifically modifies paragraph 5(2)(b) to eliminate the reference to the repealed Seamen's War Pensions and Allowances Act 1940, incorporating relevant savings and transitional provisions from the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994. These provisions ensure the continuation of pensions, allowances, benefits, and expenses, as well as medical treatment and claims, under the Veterans' Entitlements Act 1986. This amendment ensures a smooth transition for affected individuals and maintains their entitlements without disruption.
Key Provisions
The Maintenance Orders (Commonwealth Officers) Regulations (Amendment) 1995 No. 347 provides amendments to existing regulations under the Maintenance Orders (Commonwealth Officers) Act 1966. The key provision of this amendment is found in Regulation 5, which targets paragraph 5(2)(b) of the original regulations. Regulation 5 seeks to update the references within the regulations to reflect the legislative changes brought about by the repeal of the Seamen's War Pensions and Allowances Act 1940 and its integration with the Veterans' Entitlements Act 1986.
The amendment in Regulation 5 is crucial in ensuring that the regulatory framework remains coherent and relevant in light of the legislative changes. Specifically, it removes the outdated reference to the Seamen's War Pensions and Allowances Act 1940 and aligns it with the Veterans' Entitlements Act 1986. This change is intended to maintain continuity in the payment of pensions, allowances, benefits, and expenses for Australian mariners who are now integrated with veterans.
Entities and individuals governed by these regulations are required to comply with the updated references and ensure that any claims, applications, or entitlements are processed in accordance with the Veterans' Entitlements Act 1986. This includes updating internal systems, documentation, and procedures to reflect the new legislative environment. Failure to comply with these updated regulations may result in legal consequences, including potential fines or other penalties.
The amendment also includes provisions for medical treatment that was previously granted under the Seamen's War Pensions and Allowances Regulations, ensuring that these services continue to be provided without interruption. Any breaches of the regulations, such as failing to process claims correctly or neglecting to update relevant documentation, could lead to civil or criminal penalties as stipulated by the relevant Acts. While the exact penalties are not detailed in the explanatory statement, breaches of such regulations can typically result in fines or other legal actions as determined by the applicable laws.