STATUTORY RULES
1970 No. 151
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 1957-1968.
Dated this first day of October, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
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 from sub-regulation (3.) the figures “ 53.00” and inserting in their stead the figures “ 56.00 “.
Allowance to compensate for serious incapacity.
2. Regulation 15a of the Native Members of the Forces (Tones Strait Islands) Benefits Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (1.) the words “ Fifty-three dollars” and inserting in their stead the words “Fifty-six dollars”; and
(b) by omitting from sub-regulation (2.) the words “Ten dollars” (wherever occurring) and inserting in their stead the words “Twelve dollars”.
First Schedule.
3. The First Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting Table A and inserting in its stead the following Table:—
Column 1 | Column 2 |
Class of Person Eligible for Pension | Rate of Pension Payable |
| Per fortnight $ |
Widow of member......................................... | 31.00 |
Child of member— | |
(a) where (in the case of a child other than an ex-nuptial child) both the member and his wife are dead | 24.00 |
(b) where the last preceding paragraph does not apply and the Pensions Board or the Commission is satisfied that the child is not being maintained by a parent, adoptive parent or step-parent of the child | 24.00 |
| |
(i) for a first child................................... | 12.00 |
(ii) for a second and for each subsequent child................. | 10.00 |
Any other dependant of member................................ | 9.00, or such lesser amount as the Minister from time to time determines. |
*Notified in the Commonwealth Gazette on 16 October 1970.
† Statutory Rules 1965, No. 123, as amended by Statutory Rules 1966, Nos. 83 and 171; 1967, No. 140; 1968, No. 123; and 1969, No. 194.
21685/70—Price 5c 9/19.8.1970
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-two dollars” (wherever occurring) and inserting in their stead the words “ Seventy-sis 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 “ 48.00” (wherever occurring) and inserting in their stead the figures “ 52.00”.
Application.
6. An amendment made by these Regulations applies in relation to an instalment of a pension or of an allowance, as the case may be, that fell due on the first pension pay day or allowance pay day, as the case may be, after the date of commencement of the Repatriation Act (No. 2) 1970 and to all subsequent instalments.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Statutory Rules 1970 No. 151, introduced under the Native Members of the Forces Benefits Act 1957-1968, are regulations made by the Governor-General in accordance with the advice of the Federal Executive Council. Enacted to address gaps in pension and allowance rates for Torres Strait Islanders who were native members of the Australian forces, these regulations update the financial benefits provided under the Native Members of the Forces (Torres Strait Islands) Benefits Regulations. The policy objective is to ensure that the pension and allowance rates reflect current economic conditions and adequately compensate those affected. The regulations specifically adjust the rates of pension and allowances, ensuring that the financial support provided is both fair and reflective of the economic climate at the time. The changes apply to all pension and allowance instalments due after the commencement of the Repatriation Act (No. 2) 1970.
Scope and Application
The Native Members of the Forces Benefits Act 1957-1968 applies to individuals who were members of the Australian armed forces and who are native members of the Torres Strait Islands, as well as their widows, children, and other dependents. The Act and its associated regulations provide for the payment of pensions and allowances to these individuals based on their service and circumstances. The geographic scope of the Act is limited to the Commonwealth of Australia, specifically focusing on the Torres Strait Islands region. The regulations amend various rates of pension and allowances payable under the Act, including the weekly pension rates for widows and children, as well as rates for serious incapacity and other dependants. The changes in pension rates are effective from the first pension pay day after the commencement of the Repatriation Act (No. 2) 1970. The Act and its regulations are primarily concerned with the financial support of native members of the forces and their families, and do not apply to other entities or industries outside of this scope. The application of the Act can be extended or modified through subordinate instruments, such as the regulations detailed in this legislative instrument.
Key Provisions
The legislative instrument (C1970L00151) amends the Native Members of the Forces (Torres Strait Islands) Benefits Regulations, primarily adjusting the rates of pensions and allowances payable under the Native Members of the Forces Benefits Act 1957-1968. For instance, Regulation 14 is amended to increase the pension rate from $53.00 to $56.00 per fortnight (s. 1), while Regulation 15a adjusts the allowance for serious incapacity from $53.00 to $56.00 per fortnight and increases the allowance amount from $10 to $12 per fortnight (s. 2). Additionally, the First Schedule is updated to reflect these changes across various categories of pension recipients (s. 3).
These amendments impose new financial obligations on the government to ensure that the updated rates are adhered to for all eligible beneficiaries. The changes affect the pension and allowance amounts for widows, children, and other dependents of deceased members of the forces, necessitating adjustments in the administration and payment of these benefits. The updates are designed to reflect changes in economic conditions and to provide fair compensation to the dependents of deceased members.
Failure to comply with the updated rates could lead to legal repercussions, including potential actions for non-payment of benefits or other administrative penalties. While the specific penalties for non-compliance are not detailed within the text, they could potentially include financial penalties or other administrative actions as prescribed under the Native Members of the Forces Benefits Act 1957-1968 or related legislation. The precise nature of these penalties would be subject to the broader legal framework governing the enforcement of these regulations.
The legislative instrument also clarifies that these amendments apply from the first pension or allowance pay day after the commencement of the Repatriation Act (No. 2) 1970, ensuring that all subsequent payments reflect the updated rates (s. 6). This provision is crucial for maintaining the integrity and timeliness of benefit payments to eligible recipients.