STATUTORY RULES
1971 No. 55
REGULATIONS UNDER THE NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1968.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Native Members of the Forces Benefits Act 1957-1963.
Dated this sixteenth day of April, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd.) R. McN. HOLTEN
Minister of State for Repatriation.
Amendments of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations†
Rates of pension.
1. Regulation 14 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) Where the incapacity of a member is such that he is unable to earn a living wage by reason that he is unable to engage in a remunerative occupation except on a part-time basis or intermittently, the amount specified in relation to him in column 2 of Table B in the First Schedule to these Regulations shall be deemed to be Fifty-seven dollars.”.
Allownce to compensate for serious incapacity.
2. Regulation 15a of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting paragraph (a) of sub-regulation (1.) and inserting in its stead the following sub-regulation:—
“(a) is less than the amount specified in sub-regulation (3.) of regulation 14 of these Regulations; and”.
First Schedule.
3. The First Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from Column 2 of Table A the figures “31.00” and inserting in their stead the figures “32.00”.
Second Schedule.
4. The Second Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the words “Seventy-six dollars” (wherever occurring) and inserting in their stead the words “Seventy-eight dollars”.
Fourth Schedule.
5. The Fourth Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from Column 2 the figures “52.00” (wherever occurring) and inserting in their stead the figures “54.00”.
* Notified in the Commonwealth Gazette on 22 April 1971.
† Statutory Rules 1955 No. 123, as amended by Statutory Rules 1966, Nos. 83 and 171; 1957, No. 140; 1968, No. 123; 1969, No. 194; and 1970, No. 151.
12861/71—Price 5c 9/19.3.1971
Application.
6. An amendment made by these Regulations applies in relation to an instalment of a pension that fell due on the pension pay day immediately following the last pension pay day before the date of commencement of the Repatriation Act 1971 and to all subsequent instalments.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
Statutory Rules 1971 No. 55, enacted under the authority of the Governor-General, amends the Native Members of the Forces (Torres Strait Islands) Benefits Regulations, which were originally established under the Native Members of the Forces Benefits Act 1957-1968. The primary aim of this legislation was to address the specific needs of Torres Strait Islanders who served in the Australian Defence Force and to ensure they received appropriate benefits commensurate with their service and subsequent disabilities. The amendments introduced by these regulations are intended to adjust pension rates and allowances to reflect changes in economic conditions and the cost of living, ensuring that the benefits remain fair and adequate for those who are unable to engage in full-time work due to their service-related disabilities. The policy objective is to provide necessary financial support to those who have made significant contributions to their country but are now unable to earn a living due to their incapacity.
Scope and Application
The Regulations under the Native Members of the Forces Benefits Act 1957-1968, specifically the Native Members of the Forces (Torres Strait Islands) Benefits Regulations, apply to native members of the Australian Defence Force from the Torres Strait Islands who are receiving or are eligible to receive a pension. These regulations are designed to modify the rates of pension and allowances provided to these individuals, as well as other related financial benefits. The scope of these regulations is limited to the Torres Strait Islands, thereby confining their applicability within this specific geographic area. The amendments outlined in the statutory rules seek to adjust the financial provisions for those members who are unable to earn a living wage due to incapacity, ensuring that their pensions reflect their current financial circumstances. These adjustments apply to pension instalments that fall due after the commencement of the Repatriation Act 1971. The amendments are designed to enhance the support provided to affected members, ensuring their financial security is maintained at an appropriate level.
Key Provisions
The main operative sections of these Regulations include amendments to the rates of pension and allowances for members of the forces, particularly focusing on Torres Strait Islanders (sections 1, 2, 3, 4, and 5). Section 1 alters the pension amount for members unable to engage in full-time work due to incapacity, setting it at fifty-seven dollars. Section 2 modifies the allowance for serious incapacity by adjusting the criteria for eligibility, referencing the new pension rate. The First, Second, and Fourth Schedules to the Regulations are amended to update various financial figures, ensuring consistency across the pension tables and allowances.
The Regulations impose specific obligations on the parties involved, primarily concerning the calculation and disbursement of pensions and allowances to eligible members and their families. These obligations are detailed in the amended regulations and schedules, requiring precise adherence to the updated rates and criteria set out in the legislation. The changes necessitate that pension officers and administrators review and adjust the pension payments to align with the new figures and conditions specified in the Regulations.
Breaches of the provisions set out in these Regulations may result in civil or criminal consequences, although the specific penalties are not detailed in the text. Generally, non-compliance with legislative requirements regarding pensions and benefits can lead to financial penalties, legal actions, or other administrative consequences. For instance, incorrect calculation or payment of pensions might be subject to corrective actions, fines, or other penalties as determined by relevant authorities under the overarching Act. The maximum penalties are not explicitly stated in the provided text but would typically be detailed in the Native Members of the Forces Benefits Act 1957-1968 or subsequent amendments.