STATUTORY RULES.
1965. No. 3.
REGULATIONS UNDER THE NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957.*
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.
Dated this eighth
day of January , 1965
DE L’ISLE
Governor-General.
By His Excellency’s Command,
G. Colin McKellar
Minister of State for Repatriation.
Amendments of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations.†
First Schedule.
1. The First Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended—
(a) by omitting from Table A the figures “11 10 0” and inserting in their stead the figures “12 0 0”;
(b) by omitting from Table B the figures “11 10 0” and inserting in their stead the figures “12 0 0”; and
(c) by omitting from Table B the figures “3 11 0” and inserting in their stead the figures “410”.
Second Schedule.
2. The Second Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the words “Twenty-seven pounds ten shillings” and inserting in their stead the words “Twenty-eight pounds ten shillings”.
Application of amendments.
3. The amendments made by these Regulations apply in relation to an instalment of pension that fell due on the first pension pay-day occurring after the day on which the Repatriation Act 1964 received the Royal Assent and to all subsequent instalments.
* Notified in the Commonwealth Gazette on 8 January, 1965.
† Statutory Rules 1961, No. 2, as amended by Statutory Rules 1962, Nos. 77 and 116; and 1964, No. 165.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
11195/64.—Price 6d. 10/31.8.1964.
Overview
The Native Members of the Forces Benefits Regulations 1965 were enacted to amend the existing regulations under the Native Members of the Forces Benefits Act 1957. This legislative instrument was created to address the need to adjust financial figures related to pensions for native members of the forces, particularly those from the Torres Strait Islands, to reflect changes in economic conditions or legislative updates such as the Repatriation Act 1964. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and their primary objective is to ensure that pension payments are updated appropriately in line with legislative changes and economic adjustments. These amendments apply to pension instalments falling due after the Repatriation Act 1964 received Royal Assent, ensuring that native members of the forces receive fair and updated benefits.
Scope and Application
The Native Members of the Forces Benefits Regulations 1965, made under the Native Members of the Forces Benefits Act 1957, focus on amending the pension benefits for native members of the Australian forces from the Torres Strait Islands. These regulations apply specifically to individuals who have served in the forces and are residents of the Torres Strait Islands, affecting their pension instalments. The geographic scope of these regulations is limited to the Torres Strait Islands, a region that is part of the Commonwealth of Australia but distinct in its cultural and geographical characteristics. The amendments outlined in the First and Second Schedules adjust the financial figures of pension payments and apply from the date the Repatriation Act 1964 received Royal Assent, affecting all subsequent pension instalments. These regulations do not explicitly exclude any individuals or entities from their purview but are confined to the specified adjustments to pension amounts. The application of these amendments is also extended through subordinate instruments, ensuring that the changes are implemented in a timely and consistent manner across the relevant jurisdictions.
Key Provisions
The main operative sections of these Regulations, which are amendments to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations, involve specific numerical changes to Tables A and B in the First Schedule (sections 1(a) and 1(b)) and a monetary adjustment in the Second Schedule (section 2). These changes include updating the figures in Table A from "11 10 0" to "12 0 0" and in Table B from "11 10 0" to "12 0 0" and from "3 11 0" to "4 10". Additionally, section 2 modifies the monetary amount in the Second Schedule from "Twenty-seven pounds ten shillings" to "Twenty-eight pounds ten shillings". These amendments apply to pension instalments that were due after the Repatriation Act 1964 received Royal Assent (section 3).
The Regulations impose specific obligations on the parties or entities governed by them. They require the updated figures to be applied to the respective tables in the First Schedule and the updated monetary amount to be reflected in the Second Schedule. These changes must be implemented for pension instalments due after the specified date of the Repatriation Act 1964's Royal Assent. The Regulations ensure that the financial benefits outlined for native members of the forces from the Torres Strait Islands are adjusted in accordance with the legislative changes enacted by the Repatriation Act 1964.
Any breach of these Regulations may lead to civil or criminal consequences, although the specific penalties are not detailed within the text of these Regulations. The maximum penalties for breaches of regulations under the Native Members of the Forces Benefits Act 1957, as outlined in the principal Act, could potentially include fines and other sanctions as prescribed by law. The precise penalties would depend on the nature and severity of the breach, as well as any relevant case law or subsequent legislative amendments.