Repatriation (Far East Strategic Reserve) Regulations (Amendment)

Legislation au C1972L00187 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No.

REGULATIONS UNDER THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956-1972.*

I, THE GOVERNOR-GENERAL in and over 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 1956-1972.

Dated this second day of November, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

R. McN. HOLTEN

Minister of State for Repatriation.

Amendments of the Repatriation (Far East Strategic Reserve) Regulations†

Treatment for incapacity not due to Malayan service.

1. Regulation 32 of the Repatriation (Far East Strategic Reserve) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “A member” and inserting in their stead the words “Subject to the next succeeding sub-regulation, a member”; and

(b) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) The provisions of the last preceding sub-regulation do not apply to a member in relation to a disease referred to in paragraph (b) of that sub-regulation if the member—

(a) is receiving a rate of pension—

(i) under the Second Schedule to the Repatriation Act as applied by the Act; or

(ii) under the provisions of paragraph 6 of the First Schedule to the Repatriation Act as so applied;

(b) is receiving an amount in respect of a disability described in any of the first six items (in Column 1) of the table in paragraph 1 of the Fifth Schedule to the Repatriation Act as applied by the Act;

(c) is receiving a pension referred to in paragraph (a) or an amount referred to in paragraph (b) of this sub-regulation but, by virtue of the operation of sub-section (8.) of section 6 of the Act, at a reduced rate; or

* Notified in the Commonwealth Gazette on 1972.

† Statutory Rules 1963, No. 40, as amended by Statutory Rules 1965, No. 125; 1966, Nos. 142 and 169; and 1970, No. 153.

20091/72—Price 5c 10/11.10.1972

(d) was receiving a pension referred to in paragraph (a) or an amount per fortnight referred to in paragraph (b) of this sub-regulation but the pension or amount has been cancelled under section 43 of the Repatriation Act as applied by the Act.”.

Sustenance allowance while undergoing medical treatment, &c.

2. Regulation 36 of the Repatriation (Far East Strategic Reserve) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(7.) In this regulation ‘child’, in relation to a member, means—

(a) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial child who was born more than nine months after the termination of the member’s Malayan service and has not been adopted by the member) who has not attained the age of sixteen years; and

(b) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial child who was born more than nine months after the termination of the member’s Malayan service, and has not been adopted by the member) who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

(ii) is receiving full-time education at a school, college or university; and

(iii) is not in receipt of a pension under Part III. of the Social Services Act 1947-1972.”.

Expenses of travelling for medical treatment or pension purposes.

3. Regulation 39 of the Repatriation (Far East Strategic Reserve) Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) The amount payable under the last preceding sub-regulation shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed—

(a) where the amount is payable in respect of travelling to or returning from a Capital City—

(i) if the person and his attendant so travel—Thirty-five dollars thirty cents per day; or

(ii) in any other case—Seventeen dollars sixty-five cents per day; or

(b) where the amount is payable in respect of travelling to or returning from a place other than a Capital City—

(i) if the person and his attendant so travel—Twenty-six dollars ten cents per day; or

(ii) in any other case—Thirteen dollars and five cents per day,”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Repatriation (Far East Strategic Reserve) Regulations 1972 were enacted by the Governor-General of Australia in accordance with the Repatriation (Far East Strategic Reserve) Act 1956-1972. These regulations aim to provide further clarification and amendments to the existing legislative framework governing the provision of benefits and support to members of the Far East Strategic Reserve who have become incapacitated due to diseases or disabilities. The objective is to ensure that these members receive appropriate sustenance, medical treatment, and travel allowances, thereby addressing gaps in the initial Act. The regulations were established with the advice of the Federal Executive Council, reflecting the policy objective to offer comprehensive support to the affected members and their dependents, thereby enhancing the overall effectiveness of the legislative provisions.

Scope and Application

The Repatriation (Far East Strategic Reserve) Regulations 1972, made under the Repatriation (Far East Strategic Reserve) Act 1956-1972, apply to individuals who are members of the Far East Strategic Reserve, specifically those who have served in the Malayan region. These regulations are enacted at the Commonwealth level, thereby having a national reach within Australia. They govern aspects such as the treatment for incapacity not directly related to service in Malaya, the sustenance allowance for members undergoing medical treatment, and the expenses of travelling for medical treatment or pension purposes. The regulations also contain specific exclusions and conditions, such as the stipulation that certain pension provisions do not apply if a member is receiving other specified pensions or allowances. Furthermore, the regulations allow for adjustments and extensions through subordinate instruments, thereby enabling the Repatriation Commission to adapt the provisions in response to changing circumstances or special cases.

Key Provisions

The Repatriation (Far East Strategic Reserve) Regulations 1972, made under the Repatriation (Far East Strategic Reserve) Act 1956-1972, amend existing regulations to clarify provisions concerning treatment for incapacity not due to service in Malaya, sustenance allowances while undergoing medical treatment, and expenses of travelling for medical treatment or pension purposes. Regulation 32 is amended to specify conditions under which certain diseases do not qualify for treatment if the member is already receiving pensions or disability amounts under other schedules or acts (sub-regulation 2a). Additionally, regulation 36 introduces a definition of 'child' for the purposes of receiving sustenance allowances while undergoing medical treatment, detailing who qualifies as a dependent child under the regulation (sub-regulation 7). Regulation 39 is amended to set new limits on the amount payable for travel expenses for medical treatment or pension purposes, depending on whether the travel is to or from a capital city or another place (sub-regulation 4). The Act imposes specific obligations on the parties it governs. Members of the Far East Strategic Reserve must adhere to the new definitions and conditions set forth in the regulations to qualify for benefits such as treatment for diseases, sustenance allowances, and travel expenses. The Department of Repatriation is responsible for ensuring that these provisions are correctly applied and that benefits are distributed in accordance with the regulations. Members must provide accurate information about their circumstances to receive the appropriate benefits and must comply with the newly established limits on travel expenses. Failure to comply with the provisions of the Act and its regulations may result in penalties or consequences. While the specific penalties are not detailed in the provided excerpt, breaches of regulations governing benefits and entitlements under the Repatriation Act typically result in the cessation of benefits and may also involve administrative or legal action. The penalties can include financial penalties or other sanctions, depending on the severity and nature of the breach. Members found to be ineligible for benefits due to non-compliance may face the loss of their entitlements and could be subject to further investigation or legal proceedings if the breach is deemed significant.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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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.

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