Statutory Rules
1975 No. 94
Regulations Under The Repatriation (Far East Strategic Reserve) Act 1956-1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Repatriation (Far East Strategic Reserve) Act 1956-1974.
Dated this twenty-ninth day of May, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
JOHN M. WHEELDON
Minister of State for Repatriation and Compensation.
_________
Amendments of the Repatriation (Far East Strategic Reserve) Regulations†
1. Regulation 7 of the Repatriation (Far East Strategic Reserve) Regulations is repealed and the following regulations substituted:—
Action on receipt of claims.
“7. (1) Where a Deputy Commissioner receives a claim he shall note on it the date on which he received it and shall arrange for that claim to be investigated.
“(2) A Deputy Commissioner shall, after the completion of an investigation of a claim referred to in sub-regulation (1), submit that claim, together with any report or information relating to that claim, to a Board or to the Commission.
Recording and notification of decision of Boards.
“7a. Subject to section 47a of the Repatriation Act as applied by the Act, a Board shall, in respect of each claim decided by it—
(a) file the decision with the records of the case; and
(b) furnish a copy of the decision to the claimant or to a person authorized by the claimant.”.
Treatment for disease, &c, not due to special service.
2. Regulation 32 of the Repatriation (Far East Strategic Reserve) Regulations is amended by inserting, after paragraph (a) of sub-regulation (1), the following paragraph:—
“(aa) was interned as a prisoner of war;”.
* Notified in the Australian Government Gazette on 30 May 1975.
† 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; and 1974, No. 58.
3. The Repatriation (Far East Strategic Reserve) Regulations are amended by inserting after regulation 32a the following regulation:—
Medical treatment for malignant neoplasia.
“32b. A Deputy Commissioner may, subject to the conditions applicable to the provision of medical treatment under regulation 65a of the Repatriation Regulations, provide medical treatment for malignant neoplasia for members who have served on Malayan service within the meaning of the Act.”.
Expenses of travelling for medical treatment or pension purposes.
4. Regulation 39 of the Repatriation (Far East Strategic Reserve) Regulations is amended by omitting paragraphs (a) and (b) of sub-regulation (4) and substituting the following paragraphs:—
“(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—$45.00 per day; or
(ii) in any other case—$22.50 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—$34.00 per day; or
(ii) in any other case—$17.00 per day.”.
Attendance allowance.
5. Regulation 40 of the Repatriation (Far East Strategic Reserve) Regulations is amended by omitting sub-regulations (2) to (6) inclusive and substituting the following sub-regulation:—
“(2) Where a member to whom this regulation applies is required to attend at a place referred to in sub-regulation (1) for a purpose specified in that sub-regulation, he is entitled to be paid an allowance in respect of that attendance at the same rate and subject to the same conditions as if he were, in respect of that attendance, entitled to be paid an allowance under sub-regulation 46a (2) or (4) of the Repatriation Regulations.”.
Repeal of regulation 41.
6. Regulation 41 of the Repatriation (Far East Strategic Reserve) Regulations is repealed.
7. Regulation 62 of the Repatriation (Far East Strategic Reserve) Regulations is repealed and the following regulations substituted:—
Decoration allowance.
“62. (1) This regulation applies to a member who—
(a) is receiving a pension under a provision of the Repatriation Act as applied by the Act in respect of incapacity; or
(b) would, but for the provisions of section 43 of the Repatriation Act as so applied or of sub-section 6 (8) of the Act, have been entitled to receive a rate of war pension.
“(2) A member to whom this regulation applies who is, or has been, awarded a decoration for gallantry during a war or warlike operation, or the George Cross or George Medal, shall, subject to and in accordance with this regulation, be paid an allowance, called decoration allowance, in respect of the award of the decoration.
“(3) The rate at which decoration allowance is payable is $2.00 per fortnight.
“(4) Where a member to whom this regulation applies at the date of commencement of this sub-regulation has, prior to that date, been paid any amount by way of gratuity by Australia, a State or an overseas country in respect of the award of a decoration, being a decoration in respect of which decoration allowance would, but for this sub-regulation, have been payable to the member, decoration
allowance is not payable on and after that date until such time as the total of so much of decoration allowance as would, but for this sub-regulation, have been payable to the member is not less than the amount so paid by way of gratuity.
“(5) Where a member to whom this regulation applies is paid any amount by way of gratuity by Australia, a State or an overseas country in respect of the award of a decoration, being a decoration in respect of which decoration allowance would, but for this sub-regulation, have been payable to the member, decoration allowance is not payable on and after the date on which payment of that gratuity is made until such time as the total of so much of decoration allowance as would, but for his sub-regulation, have been payable to the member is not less than the amount so paid by way of gratuity.
“(6) Where a member to whom this regulation applies has been awarded more than one decoration and in respect of each of which would, but for this sub-regulation, be entitled to be paid decoration allowance, he shall, for the purposes of this regulation, be treated as if he had been awarded only one of those decorations.
“(7) Decoration allowance is not payable to a member to whom this regulation applies in respect of any period in respect of which he is entitled to be paid an allowance or annuity, being an allowance or annuity similar to decoration allowance, by an overseas country.
“(8) Decoration allowance is not payable under this regulation to a member to whom this regulation applies where decoration allowance is payable to the member under—
(a) regulation 180 of the Repatriation Regulations; or
(b) that regulation as applied by regulation 31 or 32 of the Interim Forces Benefits Regulations.
“(9) In this regulation—
‘decoration’ means—
(a) the Victoria Cross;
(b) the Distinguished Service Order;
(c) the Distinguished Service Cross;
(d) the Distinguished Flying Cross;
(e) the Military Cross;
(f) the Distinguished Conduct Medal;
(g) the Conspicuous Gallantry Medal;
(h) the Distinguished Flying Medal; or
(j) the Military Medal,
but does not include a bar to any of the above-mentioned decorations;
‘war pension’ means a pension other than a service pension.
Victoria Cross allowance.
“62a. (1) A member who is, or has been, awarded the Victoria Cross shall, in addition to any decoration allowance payable to the member under regulation 62 in respect of the award, be paid, subject to and in accordance with this regulation, an allowance, called ‘Victoria Cross allowance’, in respect of the award.
“(2) The rate at which Victoria Cross allowance is payable is $250.00 per year.
“(3) Victoria Cross allowance is not payable to a member in respect of any period in respect of which he is entitled to be paid an allowance or annuity, being an allowance similar to Victoria Cross allowance, by Australia or an overseas country.
“(4) Victoria Cross allowance is not payable in respect of the award to a member of a bar to the Victoria Cross.
“(5) Victoria Cross allowance is not payable to a member under this regulation where Victoria Cross allowance is payable to the member under—
(a) regulation 180aa of the Repatriation Regulations; or
(b) that regulation as applied by regulation 31 or 32 of the Interim Forces Benefits Regulations.”.
Commencement.
8. (1) The amendments effected by regulations 2 and 3 shall be deemed to have come into operation on 31 October 1974.
(2) The amendment effected by regulation 1 shall be deemed to have come into operation on 1 January 1975.