Repatriation (Far East Strategic Reserve) Regulations (Amendment)

Legislation au C1978L00186 Regulations Not in force Legislative Instrument

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Statutory Rules

1978 No. 186

REGULATIONS UNDER THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956*

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 Repatriation (Far East Strategic Reserve) Act 1956.

Dated this twenty-eighth day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

EVAN ADERMANN

Minister of State for Veterans’ Affairs

 

AMENDMENTS OF THE REPATRIATION (FAR EAST STRATEGIC RESERVE) REGULATIONS†

Heading to Division 2 of Part III

1. The heading to Division 2 of Part III of the Repatriation (Far East Strategic Reserve) Regulations is amended by omitting “ and Sustenance ”.

Regulations 36 and 37 repealed

2. Regulations 36 and 37 of the Repatriation (Far East Strategic Reserve) Regulations are repealed.

Attendance allowance

3. Regulation 40 of the Repatriation (Far East Strategic Reserve) Regulations is amended by inserting after sub-regulation (2) the following sub-regulation:

“ (3) Where a member is entitled to be paid loss of earnings allowance in respect of a period under regulation 71 of the Repatriation Regulations as made applicable to and in relation to members by regulation 66a of these Regulations, the member shall not be entitled to be paid an allowance under sub-regulation (2) in respect of his attendance during that period at a place referred to in sub-regulation (1).”.

 

 

* Notified in the Commonwealth of Australia Gazette on 5 October 1978.

† Statutory Rules 1963 No. 40 as amended by Statutory Rules 1965 No. 125; 1966 Nos. 142 and 169; 1970 No. 153; 1972 No. 187; 1973 Nos. 152 and 284; 1974 No. 58; 1975 No. 94; and 1977 No. 168.


4. Part III of the Repatriation (Far East Strategic Reserve) Regulations is amended by adding at the end thereof the following Division:

“ Division 9—Application of Repatriation Regulations

Application of certain provisions of the Repatriation Regulations

“ 66a. (1) Subject to sub-regulation (2), the provisions of regulations 71, 71a and 72 of the Repatriation Regulations apply to and in relation to members within the meaning of these Regulations.

“ (2) In the application, in accordance with sub-regulation (1), of regulations 71, 71a and 72 or the Repatriation Regulations—

(a) a reference to a member shall be read as a reference to a member within the meaning of these Regulations;

(b) a reference to ‘ wife ’ shall be read as a reference to ‘ wife ’ within the meaning of these Regulations;

(c) subject to paragraph (e), a reference to ‘ the Act ’ shall be read as a reference to ‘ the Repatriation Act ’;

(d) a reference to war service shall be read as a reference to Malayan service;

(e) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to paragraph (c) of the proviso to sub-section 101 (1) of the Repatriation Act shall be read as a reference to sub-section 6 (8) of the Repatriation (Far East Strategic Reserve) Act 1956; and

(f) sub-regulation 71 (16) shall have effect as if paragraph (b) were omitted.”.

Power of Deputy Commissioner to require information

5. Regulation 69 of the Repatriation (Far East Strategic Reserve) Regulations is amended by omitting from sub-regulation (1) “, sustenance or other allowance ” and substituting “ or allowance ”.

Transitional

6. (1) Where regulation 36 or 37 of the Repatriation (Far East Strategic Reserve) Regulations as in force immediately before the commencement of these Regulations would, if the amendments of the Repatriation (Far East Strategic Reserve) Regulations effected by these Regulations had not come into operation, apply to a member in relation to the whole of a period that commenced before the commencement of these Regulations and ends after the commencement of these Regulations, the provisions of the Repatriation (Far East Strategic Reserve) Regulations as in force immediately before the commencement of these Regulations shall continue to apply in relation to the member in respect of that period as if those amendments had not come into operation.


(2) Where—

(a) a member would, but for sub-regulation (1), be entitled to loss of earnings allowance in respect of any period, being the same period as, or a period forming part of, the period referred to in paragraph (b), in accordance with the provisions of regulation 71 of the Repatriation Regulations as made applicable to and in relation to members by regulation 66a of the Repatriation (Far East Strategic Reserve) Regulations as amended by these Regulations; and

(b) the amount of such allowance would have exceeded the amount of allowance to which he is entitled by virtue of sub-regulation (1) in relation to the period that commences on the commencement of these Regulations and ends on the expiration of the period in relation to which sub-regulation (1) applies to the member,

the member shall be entitled to a supplementary allowance equal to the amount of the excess.

Overview

The Repatriation (Far East Strategic Reserve) Regulations 1978 were enacted to provide specific regulations under the Repatriation (Far East Strategic Reserve) Act 1956, addressing administrative and procedural gaps related to the repatriation benefits for individuals who served in the Far East Strategic Reserve during World War II. These regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of these regulations is to ensure that the benefits and allowances provided under the Act are administered efficiently and accurately for the members of the Far East Strategic Reserve, reflecting the unique circumstances of their service and the specific needs arising from it. The regulations encompass amendments to various provisions, including the removal of outdated allowances, the application of certain provisions from other Repatriation Regulations, and the clarification of terms to ensure precise application to the members of the Far East Strategic Reserve. These amendments aim to streamline the administration of benefits, provide clarity in the application of certain allowances, and ensure that members receive appropriate and timely support.

Scope and Application

The Repatriation (Far East Strategic Reserve) Regulations 1978, made under the Repatriation (Far East Strategic Reserve) Act 1956, primarily apply to individuals who were members of the strategic reserve during their service in the Far East, specifically in Malaya, and their dependents. These regulations address various allowances and benefits such as attendance, loss of earnings, and supplementary allowances for these members and their families. The scope of the Act extends across the Commonwealth of Australia, governing the entitlements and benefits applicable to veterans and their families nationwide. The regulations also outline specific exclusions and adjustments, such as the repeal of certain regulations and amendments to existing provisions to ensure clarity and fairness in the application of benefits. While the primary application of these regulations is nationwide, they are specifically tailored to the unique circumstances of veterans who served in the Far East Strategic Reserve.

Key Provisions

The key provisions of the Repatriation (Far East Strategic Reserve) Regulations, as amended, involve several amendments and additions to existing regulations. These amendments primarily concern the application of certain provisions of the Repatriation Regulations to members under the Repatriation (Far East Strategic Reserve) Act 1956. Specifically, regulation 40 is amended to exclude members from receiving an attendance allowance if they are also entitled to a loss of earnings allowance for the same period (Regulation 3). Additionally, regulations 36 and 37 are repealed (Regulation 2). The heading to Division 2 of Part III is also amended by omitting "and Sustenance" (Regulation 1). Furthermore, a new Division 9 is added to Part III, applying specific provisions of the Repatriation Regulations to members under the Repatriation (Far East Strategic Reserve) Act (Regulation 4). These regulations impose specific obligations and requirements on the parties governed by them. Members who are entitled to loss of earnings allowance under certain conditions are precluded from also receiving attendance allowance for the same period. The repealed regulations 36 and 37 are no longer applicable, and transitional provisions ensure that members who would have been entitled to certain allowances under the old regulations continue to receive them for periods that overlap with the commencement of these amendments. The new Division 9 ensures that specific provisions of the Repatriation Regulations apply to members under the Repatriation (Far East Strategic Reserve) Act, with certain substitutions and modifications. The regulations do not explicitly outline offences, penalties, or civil/criminal consequences for breaches. However, any failure to comply with the outlined allowances and provisions could potentially lead to disputes or claims for incorrect payments. Given the nature of the amendments, the primary consequence of non-compliance would likely be financial discrepancies or disputes over entitlements, which would need to be resolved through the appropriate administrative or legal channels.

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Area of Law
Veterans' Affairs
Instrument
Regulation
Concepts
Transitional Provisions
Regulatory Standards
Reporting & Disclosure Obligations
Catchwords
Attendance allowance

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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.