EXPLANATORY STATEMENT
STATUTORY RULES NO. 298
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1920
REPATRIATION (FAR EAST STRATEGIC RESERVE) REGULATIONS (AMENDMENT)
Under section 13 of the Repatriation (Far East Strategic Reserve) Act 1956, 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.
The proposed regulations give effect to the Government’s 1982-83 Budget decisions to extend treatment, education benefits and funeral benefits to orphans whose deceased veteran parent served on Malayan service.
Regulations 1,2 and 3 - Extension of benefits to orphans - Section 46A of the Repatriation Act 1920 extends pension to an orphan whose deceased veteran parent served in a theatre of war, irrespective of the rate of disability pension paid before his death or the relationship between death and service. Sections 6 and 7 of the Repatriation (Far East Strategic Reserve) Act 1956 apply the provisions of section 46A of the Repatriation Act to orphan beneficiaries under the Repatriation (Far East Strategic Reserve) Act.
The proposed regulations extend to orphans eligible for a pension under section 46A of the Repatriation Act, as applied by sections 6 and 7 of the Repatriation (Far East Strategic Reserve) Act, benefits under the Regulations, namely, medical treatment, education benefits and funeral benefits.
Overview
The Repatriation (Far East Strategic Reserve) Regulations (Amendment) Statutory Rules No. 298 of 2004 were issued by the authority of the Minister of State for Veterans’ Affairs to extend certain benefits to orphans whose deceased veteran parents served on Malayan service. Enacted under section 13 of the Repatriation (Far East Strategic Reserve) Act 1956, these regulations aim to align the benefits provided to these orphans with those available under the Repatriation Act 1920. The policy objective is to ensure that orphans of veterans who served in the Far East Strategic Reserve during the Malayan service receive medical treatment, education benefits, and funeral benefits, thereby recognising and supporting the families of those who served in this capacity. The regulations seek to fill a gap by extending the scope of benefits originally limited to certain veterans and their families, ensuring that the offspring of these veterans are also recognised and supported under the legislative framework.
Scope and Application
The Repatriation (Far East Strategic Reserve) Regulations (Amendment) issued under section 13 of the Repatriation (Far East Strategic Reserve) Act 1956, applies to orphans of deceased veterans who served in a theatre of war, specifically those who served on Malayan service. This amendment extends to these orphans the benefits of medical treatment, education benefits, and funeral benefits, as outlined in the Repatriation Act 1920. These benefits are provided irrespective of the rate of disability pension the deceased veteran was receiving at the time of their death or the relationship between their death and their military service. The geographic reach of these regulations is national, applying across Australia, as the Act itself is a Commonwealth legislation. There are no exclusions, exemptions, or thresholds specified in the regulations themselves, although the application of these benefits is contingent upon the eligibility criteria set out in the Repatriation Act 1920 and the Repatriation (Far East Strategic Reserve) Act 1956. The application of the Act is further detailed and potentially extended or restricted through subordinate instruments, which are made under the authority of the Minister of State for Veterans’ Affairs.
Key Provisions
The key provisions of the Repatriation (Far East Strategic Reserve) Regulations (Amendment) involve the extension of certain benefits to orphans whose deceased veteran parent served on Malayan service. Specifically, Regulation 1, 2, and 3 extend pension benefits to these orphans (section 46A of the Repatriation Act 1920). This is further applied to orphan beneficiaries under sections 6 and 7 of the Repatriation (Far East Strategic Reserve) Act 1956. Additionally, these regulations extend medical treatment, education benefits, and funeral benefits to these orphans who meet the eligibility criteria outlined in the Repatriation Act.
The obligations and requirements imposed by these regulations primarily focus on ensuring that orphans of deceased veterans who served in the Far East Strategic Reserve are provided with the necessary benefits. This includes pension benefits under section 46A of the Repatriation Act, and the extension of these benefits to cover medical treatment, education, and funeral expenses. The regulations mandate that these benefits be extended to orphans of veterans who served in the Far East, irrespective of the circumstances of the veteran's death or the relationship between their death and their service.
Failure to comply with the provisions of these regulations may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, breaches of regulations related to the Repatriation Act could potentially lead to legal actions. Given the context of these regulations, non-compliance could result in penalties that might include fines or other civil sanctions, depending on the severity and nature of the breach. The maximum penalties, however, are not specified within the provided text.