STATUTORY RULES.
1942. No. 153.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*
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 1939-1940.
Dated this twenty-fifth day of March, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
C. W. FROST
for Minister of State for Defence Co-ordination.
Amendment of the National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Rates of service pensions payable under the Australian Soldiers’ Repatriation Act.
“48. Notwithstanding anything contained in sections 45ad and 45ae of the Australian Soldiers’ Repatriation Act 1920-1941, the maximum rate of service pension payable to a member of the Forces in pursuance of either of those sections shall, on and from the ninth day of April, 1942, be the same as the rate determined to be the maximum rate of pension payable in pursuance of section 24 of the Invalid and Old-age Pensions Act 1908-1941.”.
* Notified in the Commonwealth Gazette on 26th March, 1942.
† Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 36, 40, 50, 57, 62, 63, 72, 78, 90, 111, 125, 132, 147 and 150.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2258.—Price 3d.
Overview
Statutory Rules 1942 No. 153, made under the National Security Act 1939-1940, was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on 25 March 1942. The regulation addresses a specific issue regarding the rates of service pensions payable to members of the Australian Forces by aligning them with the maximum rate of pension payable under the Invalid and Old-age Pensions Act 1908-1941. This legislative instrument aims to ensure uniformity and fairness in pension rates for service members, reflecting the national security context of the time. The policy objective is to provide equitable pension benefits to members of the Forces, aligning their entitlements with those of other pensioners.
Scope and Application
This statutory rule, made under the National Security Act 1939-1940, is a specific amendment to the National Security (Supplementary) Regulations, impacting the rates of service pensions payable to members of the Australian Forces as per the Australian Soldiers' Repatriation Act 1920-1941. The regulation sets the maximum rate of service pension to align with the rate determined under the Invalid and Old-age Pensions Act 1908-1941, effective from April 9, 1942. This legislative amendment applies to members of the Australian Forces who are eligible for service pensions under the Australian Soldiers’ Repatriation Act, ensuring consistency in pension rates across different acts. The regulation is applicable nationally, covering all members of the Australian Forces across the Commonwealth, as it operates under the overarching National Security Act 1939-1940, which has broad jurisdictional reach. There are no specific exclusions or exemptions detailed in this regulation, but it is subject to further interpretation and application as provided by subordinate instruments under the National Security Act.
Key Provisions
The main operative sections of these Regulations pertain to the amendment of the National Security (Supplementary) Regulations to adjust the maximum rate of service pensions payable under the Australian Soldiers’ Repatriation Act 1920-1941. Specifically, Regulation 48 states that from 9 April 1942, the maximum rate of service pension for a member of the Forces will be aligned with the maximum rate of pension payable under the Invalid and Old-age Pensions Act 1908-1941. This alignment ensures that the pension rates are consistent across different Acts, reflecting the changes made under the Invalid and Old-age Pensions Act.
The Regulations impose obligations on the relevant parties to ensure that the new pension rates are applied correctly from the specified date. This includes administrative adjustments within the Department of Repatriation and the relevant military authorities to ensure that all pensions are calculated and paid in accordance with the new maximum rates. The obligation extends to ensuring that any existing pensions are reviewed and adjusted if necessary to reflect the new rates.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in these Regulations for failing to comply with the new pension rates. However, the implication is that failure to adhere to these provisions could result in legal consequences under the broader legislative framework of the National Security Act 1939-1940 and the Australian Soldiers’ Repatriation Act 1920-1941. While the Regulations themselves do not specify maximum penalties, breaches of these Acts could potentially lead to administrative or legal action under the relevant legislation.