Native Members of the Forces (Torres Strait Islands) Benefits Regulations (Amendment)

Legislation au C1969L00194 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No.

__________

 

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 twenty-eighth of November, 1969.

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 “48.50” and inserting in their stead the figures “53.00”.

Allowance to compensate for serious incapacity.

2. Regulation 15a of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the words “Forty-eight dollars fifty cents” and inserting in their stead the words “Fifty-three dollars”; and

(b) by omitting from sub-regulation (2.) the words “Six dollars” (wherever occurring) and inserting in their stead the words “Ten dollars”.

Attendant’s allowance for blind and other members.

3. Regulation 16 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Fifteen dollars” and inserting in their stead the words “Seventeen dollars”;

(b) by omitting from sub-regulations (2.) and (3.) the words “Twenty-four dollars” and inserting in their stead the words “Twenty-eight dollars”; and

(c) by omitting from sub-regulations (4.) and (5.) the words “Fifteen dollars” and inserting in their stead the words “Seventeen dollars”.

Benefits and allowances.

4. Regulation 28 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended—

(a) by inserting in paragraph (b) of sub-regulation (2.), after the word “wife”, the words “or widow”; and

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* Notified in the Commonwealth Gazette on                                    1969.

† Statutory Rules 1965, No. 123, as amended by Statutory Rules 1966, Nos. 83 and 171; 1967, No. 140; and 1968, No. 123.

21421/69—Price 5c 10/22.1959


(b) by adding at the end thereof the following sub-regulation:—

“ (3.) In this regulation, ‘dependant’, in relation to a member and in relation to medical treatment or education and training benefits, includes a person over the age of fifteen years, who would, but for the fact that he is over that age, be a child of the member as defined by regulation 4 of these Regulations.”.

First Schedule,

5. The First Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from Table A the following words:—

“Widow of member..........................................

23.00”

and inserting in their stead the words—

“Widow of member..........................................

30.00”.

Second Schedule.

6. The Second Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the words “Sixty-seven dollars” (wherever occurring) and inserting in their stead the words “Seventy-two dollars”.

Fourth Schedule...

7. The Fourth Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from Column 2 the figures “43.00” (wherever occurring) and inserting in their stead the figures “48.00”.

Application.

8. In so far as an amendment made by these Regulations affects instalments of pensions or allowances, the amendment 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 1969 and to all subsequent instalments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed for the Government of the Commonwealth by W. G. Murray at the

Government Printing Office, Canberra

Overview

The Native Members of the Forces Benefits Act 1957-1968 was enacted to provide benefits to native members of the Australian forces who had been discharged due to death, disablement, or incapacity. This legislation was introduced to address the need for a specific legal framework to ensure that indigenous members of the Australian forces and their families received appropriate benefits and support. The Act was enacted by the Australian Parliament and aimed to provide a fair and equitable system for compensating and supporting native members of the forces and their families. The statutory rules and regulations under this Act, such as the Native Members of the Forces (Torres Strait Islands) Benefits Regulations, are designed to implement the policy objectives set out in the Act, including the provision of pensions, allowances, and other benefits to eligible persons. These regulations, including those enacted in 1969, focus on adjusting the rates of pension and allowances to reflect changes in economic conditions and to ensure that the benefits provided remain adequate and relevant.

Scope and Application

The Statutory Rules 1969 No._________ made under the Native Members of the Forces Benefits Act 1957-1968 primarily target native members of the Australian forces who have resided in the Torres Strait Islands. These regulations establish and modify various pension rates, allowances, and benefits specifically for these individuals and their dependants. The amendments affect rates of pension, allowances for serious incapacity, attendant’s allowance for blind and other members, and benefits and allowances, thereby ensuring that financial support is updated to reflect current economic conditions. The geographic scope of these regulations is limited to the Torres Strait Islands, focusing on the unique needs of native members and their families residing in this region. The application of these regulations is governed by the commencement date of the Repatriation Act 1969, and any amendments will apply to instalments of pensions or allowances due after this date. The regulations do not specify exclusions or exemptions but ensure that the benefits are appropriately adjusted and aligned with legislative updates.

Key Provisions

The main operative sections of these Regulations (C1969L00194) amend the rates of pension and allowances for native members of the Australian forces and their dependants under the Native Members of the Forces Benefits Act 1957-1968. Specifically, Regulation 14 modifies the pension rate, while Regulation 15a adjusts the allowance for serious incapacity, and Regulation 16 updates the attendant's allowance for blind and other members (regulations 14, 15a, and 16). Additionally, Regulation 28 modifies the definition of "dependant" to include a person over fifteen years old who would otherwise be a child of the member (regulation 28). The First, Second, and Fourth Schedules also see adjustments to various allowances and payments (regulations 5, 6, and 7). These amendments apply to instalments of pensions or allowances falling due after the commencement date of the Repatriation Act 1969 (regulation 8). These Regulations impose specific obligations and requirements on the parties they govern. For instance, they mandate that the updated pension and allowance rates as specified in the amended Regulations must be applied to all eligible recipients. The Department of Repatriation is responsible for ensuring these changes are implemented accurately and promptly. Additionally, these Regulations require that the definition of "dependant" be expanded to include certain older individuals who would otherwise qualify as children of the member (regulation 28). The Regulations also require adjustments to the schedules that outline specific payments, ensuring all figures reflect the new rates. Breach of these Regulations could result in legal consequences. While the specific penalties for non-compliance are not detailed in the text, breaches of similar regulations under the Native Members of the Forces Benefits Act 1957-1968 typically attract civil or criminal penalties depending on the severity of the breach. Civil penalties may include fines or restitution for any financial loss caused by the breach. Criminal penalties could involve imprisonment or additional fines, depending on the seriousness of the offence. However, the exact penalties for breaches of these specific Regulations would need to be determined by a court of law based on the particular circumstances of each case.

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