Repatriation (Far East Strategic Reserve) Regulations (Amendment)

Legislation au C2004L06023 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES NO. 46

Issued by Authority of the Minister of State for Veterans’ Affairs

Subject: Repatriation (Far East Strategic Reserve) Regulations (Amendment)

Under section 13 of the Repatriation (Far East Strategic Reserve) Act 1956 (the Act), the Governor-General may make regulations not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

These regulations are consequential upon the provisions of the Repatriation Legislation Amendment Act 1984 which came into operation on 1 January 1985 and which provides for a restructuring of the Repatriation determining system.

Details of the regulations are set out below.

Regulation 1 - Interpretation

Existing regulation 3 of the Repatriation (Far East Strategic Reserve) Regulations contains definitions of terms used in the regulations.

Regulation 1 has amended regulation 3 of the Repatriation (Far East Strategic Reserve) Regulations to delete the definition of ‘Board’ as Repatriation Boards no longer exist.


Regulation 2 - Repeal of regulations 11, 12, 13 and 14

Former regulations 11, 12, 13 and 14 of the Repatriation (Far East Strategic Reserve) Regulations related to the payment of instalments of pensions by methods which no longer operate. These included payment in person, the issue of receipts and the presentation of orders and declarations.

Regulation 2 has repealed former regulations 11, 12, 13 and 14 of the Repatriation (Far East Strategic Reserve) Regulations.

Regulation 3 - Attendance Allowance

Existing regulation 40 of the Repatriation (Far East Strategic Reserve) Regulations provides for the payment of a loss of earnings allowance in respect of a member who attends a medical or other appointment, at the request of a Deputy Commissioner. Former sub-regulation 40(2) provided that the allowance was to be calculated in accordance with former sub-regulation 46A(2) or (4) of the Repatriation Regulations. As a consequence of the Repatriation Legislation Amendment Act 1984, Repatriation Regulation 46A has been repealed. The substance of former sub-regulations 46A(2) and 46A(4) has been included in sub-regulations 74A(2) and (4) of the Repatriation Regulations.


Regulation 3 has amended former sub-regulation 40(2) of the Repatriation (Far East Strategic Reserve) Regulations to delete the reference to sub-regulation 46A(2) or (4) of the Repatriation Regulations and substitute a reference to sub-regulation 74A(2) or (4) of the Repatriation Regulations.

Regulation 4 - Payment or reimbursement of expenses for the production of medical reports

Former regulation 65 of the Repatriation (Far East Strategic Reserve) Regulations provided for reimbursement (in accordance with an approved scale) of expenses reasonably incurred by a claimant, applicant or appellant in support of a successful claim or application, or an appeal to the Repatriation Commission. Regulation 4 has repealed former regulation 65 of the Repatriation (Far East Strategic Reserve) Regulations and substituted a new regulation 65 to reflect the new Repatriation determining system.

Sub-regulation 65(1) now provides that where the Repatriation Commission allows a claim or application, or part of a claim or application, the Repatriation Commission may pay or reimburse the expenses incurred, in accordance with an approved scale, by the claimant or applicant in providing documentary medical evidence in support of the claim or application. Sub-regulation 65(2) now provides that the evidence must have been


reasonable for supporting the claim or application. Sub-regulation 65(3) now provides definitions to ensure that the terms used in this regulation are consistent with those applying in the Act.

Regulation 5 - Application of certain provisions of the Repatriation Regulations

Existing regulation 66A of the Repatriation (Far East Strategic Reserve) Regulations applies certain Repatriation Regulations to members under the Repatriation (Far East Strategic Reserve) Regulations. Former regulation 66A referred to regulation 72 of the Repatriation Regulations which has been repealed. Reference to regulation 72B of the Repatriation Regulations in regulation 66A of the Repatriation (Far East Strategic Reserve) Regulations was inappropriate because regulation 72B of the Repatriation Regulations concerns prescribed income for service pensions under Division 5 of Part III of the Repatriation Act 1920. Members of the Forces under the Act are not eligible for service pension. Former sub-regulation 66A(2) of the Repatriation (Far East Strategic Reserve) Regulations also contained a drafting error. When sub-regulation 66A(2) was inserted in 1978, reference to regulation 72A of the Repatriation Regulations which, by virtue of sub-regulation 66A(1) applies to members within the regulations, was inadvertently omitted.


Regulation 5 has amended former regulation 66A of the Repatriation (Far East Strategic Reserve) Regulations to delete the references to regulations 72 and 72B of the Repatriation Regulations and insert a reference to regulation 72A of the Repatriation Regulations in sub-regulation 66A(2).

Regulation 6 - Repeal of regulation 75

Former regulation 75 of the Repatriation (Far East Strategic Reserve) Regulations provided for the Repatriation Commission to delegate its powers and functions under the regulations. Section 12 of the Act provides for the Commission to delegate its powers and functions under the Act or the regulations.

Regulation 6 has repealed former regulation 75 of the Repatriation (Far East Strategic Reserve) Regulations to avoid duplication between the regulations and the Act.

Regulation 7

Regulation 7 provided for the repeal of former Repatriation (Far East Strategic Reserve) Regulations 76 and 77 and the substitution of new regulations 76 and 77.


Regulation 76 - Exercise or performance by Commission of powers or functions of Deputy Commissioner or Education Board.

Former sub-regulation 76(1) of the Repatriation (Far East Strategic Reserve) Regulations provided that the Repatriation Commission could exercise any power or authority vested by the regulations in a Deputy Commissioner or Education Board. Former sub-regulation 76(2) provided that where the exercise of a power or authority is dependent upon the belief or opinion of a Deputy Commissioner or Education Board, the exercise of that power or authority by the Repatriation Commission would depend upon the belief or opinion of the Repatriation Commission. Former sub-regulation 76(3) provided that for the purposes of sub-regulation 76(2) the ‘Commission’ included a person to whom the Repatriation Commission had delegated its power or authority under former regulation 75.

New regulation 76 does not contain the terms ‘power or authority’ but includes the terms ‘power or function’ instead. This has provided consistency between the language used in section 12 of the Act and regulation 76.

Sub-regulation 76(3) now provides that for the purposes of sub-regulation 76(2) the ‘Commission’ includes a person to whom the Repatriation Commission has delegated its powers and functions under section 12 of the Act which now provides for the Repatriation Commission to delegate its powers and functions under the Act or regulations.

Regulation 77 - Exercise of powers and performance of functions by Deputy Commissioner

Former regulation 77 provided that a power or authority exercisable by a Deputy Commissioner under the regulations was subject to such conditions as the Repatriation Commission determined. New regulation 77 does not contain the terms ‘power or authority’ but includes the terms ‘power or function’ instead. This has provided consistency in the language used in the regulations.

Authority:

Section 13 of the Repatriation (Far East Strategic Reserve Act 1956

 

 

 

Overview

The Repatriation (Far East Strategic Reserve) Regulations (Amendment) Statutory Rules 2004 were enacted to bring the regulations into alignment with the restructuring of the Repatriation determining system, as provided for by the Repatriation Legislation Amendment Act 1984. This restructuring aimed to modernise and streamline the system, ensuring it remained effective and relevant. Issued by authority of the Minister of State for Veterans’ Affairs, these regulations are a direct consequence of the legislative changes and seek to maintain consistency and functionality within the legislative framework. The overarching policy objective is to ensure that the regulations governing the administration of benefits and services to eligible veterans and their families remain up-to-date, efficient, and reflective of the current legislative environment. These amendments address the need to remove outdated regulatory provisions that no longer apply due to changes in operational practices and the restructuring of the system. By repealing and modifying specific regulations, the amendments ensure that the regulatory framework continues to support the effective implementation of the Repatriation (Far East Strategic Reserve) Act 1956. The changes also correct drafting errors and inconsistencies, thereby maintaining clarity and coherence within the regulations. Overall, these amendments aim to support the smooth administration of benefits and services to veterans, reflecting the policy intent to honour and support those who have served their country.

Scope and Application

The Repatriation (Far East Strategic Reserve) Regulations (Amendment) pertains to the Repatriation (Far East Strategic Reserve) Act 1956, which is a Commonwealth Act. These regulations apply to members of the Far East Strategic Reserve who are entitled to benefits under the Act. The regulations are designed to modernise and streamline the administration of benefits for these members in light of changes in the broader repatriation system, including the restructuring provided for by the Repatriation Legislation Amendment Act 1984. The regulations clarify and update definitions, repeal outdated payment methods and processes, and ensure that the current system of benefits aligns with contemporary administrative practices. They extend the scope of the Act by providing detailed rules and procedures necessary for its effective implementation, without deviating from the Act's fundamental principles. While the regulations primarily concern the administrative framework, they do not introduce new substantive rights or obligations for the members beyond what is outlined in the Act.

Key Provisions

The main operative sections of these regulations concern the amendment of existing regulations and the introduction of new regulations in response to changes made by the Repatriation Legislation Amendment Act 1984. Regulation 1 amends the definition of terms used in the regulations to remove outdated references, such as the term 'Board', which no longer applies due to the restructuring of the Repatriation determining system (Regulation 1). Regulation 2 repeals regulations 11, 12, 13, and 14, which related to pension payment methods that are no longer in use (Regulation 2). Regulation 3 modifies the calculation of loss of earnings allowance for members attending medical or other appointments to align with the new Repatriation determining system (Regulation 3). Regulation 4 introduces new provisions for the payment or reimbursement of expenses for the production of medical reports, replacing the previous reimbursement system with a more streamlined process (Regulation 4). Regulation 5 updates references to other Repatriation Regulations to reflect current provisions and correct drafting errors (Regulation 5). Regulation 6 repeals regulation 75, which dealt with the delegation of the Repatriation Commission's powers and functions, to avoid redundancy (Regulation 6). Regulation 7 replaces regulations 76 and 77 with new provisions that ensure consistency in the language used regarding the exercise of powers and functions by the Repatriation Commission and Deputy Commissioners (Regulation 7). These regulations impose several obligations and requirements on the parties involved. They necessitate the updating of existing definitions and provisions to align with the restructuring of the Repatriation determining system and the repeal of outdated practices. The Repatriation Commission must now follow the new provisions for calculating allowances and reimbursing expenses for medical reports. Additionally, the regulations require the Commission to ensure that any delegation of its powers and functions is done in accordance with the updated language and provisions in section 12 of the Repatriation (Far East Strategic Reserve) Act 1956. The Deputy Commissioners and other relevant parties must also adapt to the changes in terminology and processes as outlined in the new regulations. Breaches of these regulations may not explicitly outline specific offences, penalties, or consequences within the text provided. However, under the broader framework of the Repatriation (Far East Strategic Reserve) Act 1956, failure to comply with the regulations could potentially result in administrative penalties, legal challenges, or other consequences as deemed appropriate by the relevant authorities. The specific penalties for non-compliance would be governed by the overarching legislation and any related statutes or regulations. The maximum penalties, if applicable, would depend on the nature of the breach and the provisions of the primary Act or other relevant laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.