STATUTORY RULES
1965 No. 125
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REGULATIONS UNDER THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956-1964.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation (Far East Strategic Reserve) Act 1956-1964.
Dated this twenty-third day of August, 1965.
Administrator.
By His Excellency’s Command,
Minister of State for Repatriation.
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Amendments of the Repatriation (Far East Strategic Reserve) Regulations †
Sustenance allowance while undergoing medical treatment.
1. Regulation 36 of the Repatriation (Far East Strategic Reserve) Regulations is amended—
(a) by adding at the end of paragraph (a) of sub-regulation (3.) the word “and”;
(b) by omitting from paragraph (b) of sub-regulation (3.) the words “regulation; and” and inserting in their stead the word “regulation,”; and
(c) by omitting paragraph (c) from sub-regulation (3.).
Continuation of pension in certain cases during temporary absence from Commonwealth and Territories.
2 Regulation 60 of the Repatriation (Far East Strategic Reserve) Regulations is amended by omitting the words “for such period, not exceeding six months,” and inserting in their stead the words “for the whole or such part of the period of absence”.
* Notified in the Commonwealth Gazette on 2 September, 1965.
† Statutory Rules 1963, No. 40.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
3042/65.—Price 9d. 10/2.8.1965
Overview
The Repatriation (Far East Strategic Reserve) Regulations 1965 were enacted under the authority of the Repatriation (Far East Strategic Reserve) Act 1956-1964, providing a legislative framework to address the specific needs of individuals who were part of the Far East Strategic Reserve during World War II and the subsequent Korean War. These regulations aim to ensure that service personnel and their families receive appropriate support and benefits as stipulated under the Act. Enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations were designed to refine and enhance the administrative provisions of the original Act. The primary policy objective is to provide comprehensive and timely support to veterans and their families, reflecting the government's commitment to honouring the service and sacrifices made by these individuals.
Scope and Application
The Repatriation (Far East Strategic Reserve) Regulations 1965, made under the Repatriation (Far East Strategic Reserve) Act 1956-1964, govern the administration of benefits and allowances related to military personnel who served in the Far East during the specified period. These regulations apply to individuals who have served in the Australian military and are now receiving benefits or pensions under the Act. They cover matters such as sustenance allowances for those undergoing medical treatment and the continuation of pensions during temporary absences from the Commonwealth and its territories. The regulations are applicable on a national level within Australia, including its territories, and are enforced by the Commonwealth government. Notably, the amendments to the regulations do not specify any exclusions or thresholds, and their scope is limited to the provisions outlined in the Act. The application of these regulations can be further extended or detailed through subordinate instruments, ensuring that they remain relevant and comprehensive in addressing the needs of the affected personnel.
Key Provisions
The key provisions of these regulations primarily concern the amendment of two existing regulations under the Repatriation (Far East Strategic Reserve) Act 1956-1964. Regulation 36(3) has been altered to adjust the sustenance allowance for individuals undergoing medical treatment. Specifically, the regulation now ensures that the allowance is provided continuously, without the prior limitation of six months. Regulation 60 has also been amended to extend the continuation of pensions for individuals who are temporarily absent from the Commonwealth and its territories. These amendments mean that pensions will now be maintained for the entirety or a portion of the period during which the individual is away, as opposed to the previous restriction of up to six months.
These regulations impose specific obligations on the parties involved. Firstly, they mandate that the sustenance allowance for those undergoing medical treatment is to be provided without any interruption, ensuring that the allowance is not subject to the prior six-month limit. Additionally, the regulations require that pensions continue to be paid to individuals who are temporarily absent from the Commonwealth and its territories for any duration, not limited to six months. These obligations are intended to provide a consistent and reliable support system for individuals who require medical treatment or are temporarily away from the Commonwealth.
Failure to comply with these regulations could result in significant consequences. While the document does not explicitly detail offences or penalties for non-compliance, it is reasonable to infer that breaches could lead to legal repercussions. Given the context of these regulations, non-compliance could potentially be addressed under the broader framework of the Repatriation (Far East Strategic Reserve) Act 1956-1964, which may include civil or administrative penalties. The exact penalties would depend on the specific circumstances and the interpretation of the Act, but they could involve financial penalties or other corrective measures to ensure compliance with the provisions.