Statutory Rules
1976 No. 209
REGULATIONS UNDER the PAPUA NEW GUINEA (MEMBERS OF THE
FORCES BENEFITS) ACT 1957.*
I, the GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Papua New Guinea (Members of the Forces Benefits) Act 1957.
Dated this twenty second
day of September, 1976
John R. Kerr
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
Amendments of the Papua New Guinea (Members OF THE Forces Benefits) Regulations†
Repeal.
1. Regulation 17a of the Papua New Guinea (Members of the Forces Benefits). Regulations is repealed.
First Schedule.
2. The First Schedule to the Papua New Guinea (Members of the Forces Benefits) Regulations is repealed and the following Schedule substituted:—
FIRST SCHEDULE
GENERAL PENSION RATES
Regulation 9 (1)
Table A—Pensions Payable in Respect of a Deceased Member
Class of Person Eligible for Pension | Rate of pension payable |
| Per month |
| $ |
Widow of member............................................ | 65.00 |
Dependant of member under 16 years of age........................... | 12.70 |
Any other dependant of member................................... | 10.50 |
* Notified in the Australian Government Gazette on 28 September 1976.
† Statutory Rules 1961, No. 73, as amended by Statutory Rules 1961, No. 112; 1970, No. 62; and 1975, No. 98
15227/76—Recommended retail price 10c 10/2.9.1976
First Schedule—continued
Tables B—Pensions Payable in Respect or a Member Who is Totally Incapacitated
Class of Person Eligible for Pension | Rate of pension payable |
| Per month |
| $ |
Member................................................... | 96.00 |
Wife of member.............................................. | 6.75 |
Dependant of member under 16 years of age........................... | 3.00 |
Any other dependant of member................................... | 10.50 |
Application.
3. The rates of pension provided for in the Papua New Guinea (Members of the Forces Benefits) Regulations as amended by these Regulations apply to all instalments of pension falling due on or after 1 November 1976.
Printed by Authority by the Government Printer of Australia
Overview
The Papua New Guinea (Members of the Forces Benefits) Regulations 1976 were enacted to provide a legislative framework for administering benefits for members of the Australian forces who served in Papua New Guinea, as well as their families. This legislative instrument was made under the Papua New Guinea (Members of the Forces Benefits) Act 1957 and was issued by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary purpose of these regulations was to ensure that members of the forces and their dependents receive appropriate financial support in the event of death or incapacity. The policy objective was to provide a structured and equitable system of benefits that would support those who have served their country and their families, reflecting the nation's commitment to those who have contributed to its defence.
Scope and Application
The Papua New Guinea (Members of the Forces Benefits) Regulations 1976, made under the Papua New Guinea (Members of the Forces Benefits) Act 1957, establish and amend the rates of pension payable to individuals who are or were members of the Australian Defence Force and have served in Papua New Guinea. The Regulations apply to all members of the Australian Defence Force who are eligible for a pension under the Act, their widows, and their dependants, including those under 16 years of age and any other dependants. The geographic scope of the Regulations is specifically tied to the provisions of the Act, extending to those members of the Australian Defence Force who have served in Papua New Guinea and their eligible family members. The Regulations amend the pension rates payable as of 1 November 1976, and include specific amounts for different classes of beneficiaries, such as widows and children of deceased or incapacitated members. The Regulations also repeal and replace previous pension rates, ensuring that the most current rates are applied to pension instalments due on or after the specified date.
Key Provisions
The Papua New Guinea (Members of the Forces Benefits) Regulations, as amended, lay out the pension rates for members of the forces and their dependants. According to Regulation 9(1) in the First Schedule, the pensions payable in respect of a deceased member include $65.00 per month for a widow, $12.70 for a dependent under 16 years of age, and $10.50 for any other dependant. For a member who is totally incapacitated, the member receives $96.00 per month, the wife $6.75, a dependant under 16 years of age $3.00, and any other dependant $10.50. These rates apply to all pension instalments falling due on or after 1 November 1976.
The Regulations impose specific obligations on the government to provide pensions at the specified rates to eligible members and their dependants. These obligations are clear and mandatory, requiring the government to ensure that the correct pension amounts are paid to eligible beneficiaries on a regular basis. The payments must be made in accordance with the established schedule, ensuring that all eligible recipients receive their pensions in a timely and consistent manner.
Failure to comply with the provisions of the Regulations can result in serious consequences. Although the Regulations do not explicitly state penalties for non-compliance, breaches of similar legislative instruments can typically lead to legal actions under the applicable Acts, including potential fines or other legal sanctions. It is important for the governing authorities to adhere strictly to the stipulated pension rates and payment schedules to avoid any legal repercussions.