STATUTORY RULES
1967 No.
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REGULATION UNDER THE NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1966.*
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 Native Members of the Forces Benefits Act 1957-1966.
Dated this twelfth day of October, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
G. Colin McKellar
Minister of State for Repatriation.
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Amendment of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations†
First Schedule.
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:—
TABLE A.—PENSIONS PAYABLE IN CASE OF DEATH OF MEMBER
Reg. 14 (1).(a).
Column 1 | Column 2 |
Class of Person Eligible for Pension | Rate of Pension Payable |
| Per fortnight $ |
Widow of member.................................. | 26.00 |
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 | 16.30 |
(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 | 16.30 |
(c) in any other case— | |
(i) for a first child............................... | 8.80 |
(ii) for a second and for each subsequent child............. | 6.50 |
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 1967.
†Statutory Rules 1965, No. 123, as amended by Statutory Rules 1966, Nos. 83 and 171.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
12620/67—Price 5c 10/14.9.1967
Overview
The Native Members of the Forces Benefits Act 1957-1966, enacted by the Australian Parliament, was designed to provide benefits to native members of the armed forces and their dependents. This legislation aimed to address the specific needs of Indigenous Australians who served in the Australian military, ensuring they received appropriate support and recognition for their service. The Act was subsequently amended through Statutory Rules 1967 No. 140, which were made under the authority of the Governor-General, with the advice of the Federal Executive Council. The policy objective of these amendments was to revise the pension rates payable to the dependants of deceased members, aiming to provide a more equitable and supportive framework for those who lost their loved ones in service. This legislative instrument underscores the commitment to refining and improving the welfare provisions for Indigenous service members and their families.
Scope and Application
The Native Members of the Forces Benefits Act 1957-1966 applies to the pensions payable to eligible dependants of native members who have served in the Australian Defence Force. The Act primarily concerns the financial support for widows and children of deceased native members, with provisions for varying rates of pension based on the specific circumstances of the dependants. The scope of this legislation is geographically limited to the Torres Strait Islands, indicating its focus on providing benefits to this specific indigenous community within the Commonwealth of Australia. The Act does not explicitly state exclusions or exemptions, but the detailed provisions in the regulations suggest that eligibility is contingent on the specific relationships and circumstances outlined. The application of the Act is further refined through subordinate instruments, as evidenced by the amendments made in the Regulations, which adjust the rates of pension payable to various classes of dependants. These regulations are integral to the implementation of the Act, ensuring that the benefits are distributed according to the prescribed criteria.
Key Provisions
The regulation under the Native Members of the Forces Benefits Act 1957-1966 primarily amends the pension rates payable in the event of a member's death, particularly those who are residents of the Torres Strait Islands. Section 14(1)(a) of the regulation introduces a new table that specifies the class of persons eligible for pensions and the corresponding rates payable. For instance, the widow of a member is eligible for a fortnightly pension of $26.00. Children of the member are eligible for different rates depending on their circumstances, such as $16.30 for a child where both the member and the member's wife are deceased or where the child is not being maintained by a parent, adoptive parent, or step-parent. For other dependents, the pension rate is set at $9.00 per fortnight, or a lesser amount as determined by the Minister.
These provisions impose specific obligations on the pensions board or the commission to ensure that the correct pension rates are paid to eligible dependants. They must assess whether the child is being maintained by a parent, adoptive parent, or step-parent to determine the applicable rate. Furthermore, the regulation requires that these payments be made regularly and in accordance with the specified rates. The obligations extend to ensuring that any updates or amendments to the pension rates are communicated and implemented efficiently to all relevant parties.
In terms of penalties and consequences for non-compliance, the regulation does not explicitly state any civil or criminal penalties for breaches of the pension payment provisions. However, failure to adhere to the stipulated rates and obligations could result in legal actions for non-payment or underpayment of pensions, potentially leading to financial restitution and other civil remedies. Additionally, persistent non-compliance might attract scrutiny and enforcement actions from relevant authorities overseeing the administration of benefits under the Act.