STATUTORY RULES.
1943. No.315.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
WHEREAS, by reason of circumstances arising out of the war, the operation of regulations under the National Security Act 1939-1943 and the effect of economic adjustments made by or under those regulations, anomalies have been created in relation to the rates of the pensions and allowances specified in the following regulation:
And whereas it is urgently necessary that as far as possible those anomalies should be removed forthwith and that the maximum rates of the pensions and allowances so specified and in force on the first day of October, 1943, should apply, and be deemed to have applied from that date, without adjustment in accordance with the price index number as specified in the following regulation:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.
Dated this thirty-first day of December, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary) Regulations.†
1.—(1.) The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Rates of pensions and allowances.
‘‘112a.—(l.) The rates of pensions and allowances payable under the Invalid and Old-age Pensions Act 1908-1943, under the Australian Soldiers’ Repatriation Act 1920-1943 or under the Widows’ Pensions Act 1942-1943 shall not be subject to any alteration by reason only of any variation of the price index number as defined in the first-mentioned Act or in the last-mentioned Act, as the case may be.”.
(2.) This regulation shall be deemed to have come into operation on the first day of October, 1943.
* Notified in the Commonwealth, Gazette on , 1943.
† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote † Statutory Rules 1943, No. 256, and see also Statutory Rules 1943, Nos. 267, 268, 269, 275, 279, 283, 288, 289 and 290.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7498—Price 3d. 9/18.12.1943.
Overview
The Statutory Rules 1943 No. 315, made under the National Security Act 1939-1943, was introduced to address the anomalies in pension and allowance rates caused by wartime regulations and economic adjustments. Enacted by the Governor-General in Council, the regulation aims to stabilise the rates of pensions and allowances for war veterans and their dependents by preventing their adjustment according to the price index number. This legislative instrument was crucial in ensuring that pensioners and their families received consistent support during a period of significant economic change and uncertainty, reflecting the policy objective to maintain the integrity and fairness of pension entitlements amidst the exigencies of war.
Scope and Application
The Statutory Rules 1943, No. 315, made under the National Security Act 1939-1943, addresses anomalies in pension and allowance rates resulting from wartime economic adjustments. This regulation amends the National Security (Supplementary) Regulations by adding a new rule that prevents the rates of pensions and allowances payable under the Invalid and Old-age Pensions Act 1908-1943, the Australian Soldiers' Repatriation Act 1920-1943, and the Widows' Pensions Act 1942-1943 from being altered due to variations in the price index number. This amendment ensures that the maximum rates of these pensions and allowances, as in force on the first day of October 1943, apply without further adjustment. The regulation applies to individuals and entities that receive pensions and allowances under the specified Acts and is effective from the aforementioned date, extending across the Commonwealth of Australia. The regulation does not explicitly state any exclusions or exemptions, and its application is limited to the context of pensions and allowances under the listed Acts.
Key Provisions
The regulation introduced under the National Security Act 1939-1943, primarily aims to address anomalies in the rates of pensions and allowances as they pertain to the Invalid and Old-age Pensions Act 1908-1943, the Australian Soldiers’ Repatriation Act 1920-1943, and the Widows’ Pensions Act 1942-1943 (section 1(1)). It stipulates that these rates shall not be subject to any changes due to variations in the price index number as defined in the respective acts (section 1(1)). This amendment is intended to ensure that the maximum rates of these pensions and allowances, in effect on the first day of October 1943, are deemed to have applied from that date without any adjustments based on the price index number (section 1(2)).
The obligations imposed by this regulation are primarily on the entities responsible for administering and calculating the rates of pensions and allowances under the mentioned acts. They are required to ensure that the rates in effect on October 1, 1943, remain unchanged and are not adjusted based on subsequent changes in the price index number. This requirement aims to maintain consistency and stability in the rates of pensions and allowances, particularly in the context of the economic adjustments and wartime circumstances affecting the country.
Breaches of this regulation could potentially lead to legal consequences, although specific offences and penalties are not explicitly stated in the text provided. However, given the regulatory nature and the importance of adhering to wartime economic measures, any non-compliance could result in administrative actions, fines, or other penalties as deemed appropriate by the relevant authorities. The exact nature and extent of these penalties would depend on the specific context and the discretion of the authorities enforcing the regulation.