Repatriation (Far East Strategic Reserve) Regulations (Amendment)

Legislation au C1970L00153 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1970 No. 153

 

REGULATIONS UNDER THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956-1967.*

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 1956-1967.

Dated this first day of October, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command.

Minister of State for Repatriation.

 

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

Commencement.

1. Regulations 3 and 4 of these Regulations shall be deemed to have come into operation on the date of commencement of the Repatriation Act No. 2) 1970.

Sustenance allowance while undergoing medical treatment, &c.

2. Regulation 36 of the Repatriation (Far East Strategic Reserve) Regulations is amended by omitting from sub-regulation (1.) all the words after paragraph (b) and inserting in their stead the words—

“a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member, for the period for which he is so prevented, sustenance allowance at a rate not exceeding—

(c) the rate of pension that would be payable to the member under the First Schedule to the Repatriation Act as applied by the Act upon his total incapacity; or

(d) if the member has a wife and children or a wife or children, the total of the rates of pension that would be payable to the member under the First Schedule to the Repatriation Act as so applied, and in respect of his wife and children, or wife or children, under the Third Schedule to that Act as so applied, upon his total incapacity,

less the rate of any pension payable to the member under that First Schedule, or the total of the rates of any pensions payable to the member under that First Schedule and to his wife and children or wife or children under that Third Schedule.”.

Allowance for severely incapacitated members.

3. Regulation 52 of the Repatriation (Far East Strategic Reserve) Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (2.) the word “or” (last occurring); and

 

* Notified in the Commonwealth Gazette on 15 October, 1970.

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

21687/70—Price 5c 9/28.8.1970


(b) by inserting in sub-regulation (2.), after paragraph (d), the following paragraph:—

“(da) has been blinded; or”.

Interpretation.

4. Regulation 53 of the Repatriation (Far East Strategic Reserve) Regulations is amended—

(a) by omitting from paragraph (a) the word “and” (last occurring); and

(b) by adding at the end thereof the following word and paragraph:—

“; and (c) a member shall be deemed to have been blinded if his eyesight is, in the opinion of the Commission, so defective that he has no useful sight”.

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

Overview

The Repatriation (Far East Strategic Reserve) Regulations 1970 were enacted to provide amendments to the existing regulations under the Repatriation (Far East Strategic Reserve) Act 1956-1967. These regulations were introduced to address issues related to the sustenance allowance and the allowance for severely incapacitated members of the Far East Strategic Reserve. The Repatriation (Far East Strategic Reserve) Act 1956-1967, enacted by the Parliament of Australia, aimed to provide support and benefits for individuals who were part of the Far East Strategic Reserve during the Second World War and subsequently became incapacitated. The regulations introduced amendments to better cater to the needs of these individuals, particularly concerning their financial support and the criteria for determining blindness, ensuring that they receive the necessary assistance and compensation for their incapacity. The amendments made by these regulations include changes to the sustenance allowance for members undergoing medical treatment and adjustments to the criteria for determining severe incapacity, specifically adding blindness as a qualifying condition. The policy objective behind these amendments was to ensure that the support provided to these veterans was comprehensive and adequately reflected their circumstances, thereby improving their quality of life and ensuring they received appropriate compensation for their service and incapacity.

Scope and Application

The Repatriation (Far East Strategic Reserve) Regulations 1970, made under the Repatriation (Far East Strategic Reserve) Act 1956-1967, apply to individuals who served in the Far East Strategic Reserve during the specified period and their dependents, governing the provision of benefits and allowances to these individuals and their families. The scope of the Act extends to the entire Commonwealth of Australia, ensuring that those who meet the criteria for membership in the Far East Strategic Reserve are eligible for the benefits outlined within the legislation and its subsequent amendments. The Regulations are subject to modifications through subordinate instruments, as evidenced by the amendments made in 1970, which adjust the sustenance allowance rates and expand the criteria for severe incapacity, including blindness. These changes ensure the legislation remains relevant and comprehensive in addressing the needs of the affected personnel and their families.

Key Provisions

The primary operative sections of these Regulations amend the Repatriation (Far East Strategic Reserve) Regulations, specifically Regulation 36 and Regulation 52. Regulation 36, concerning sustenance allowance, is altered to adjust the conditions and rates at which a Deputy Commissioner may grant sustenance allowance to a member who is undergoing medical treatment and is temporarily unable to earn their living. Regulation 52, regarding the allowance for severely incapacitated members, is modified to include blindness as a qualifying condition for an allowance. The amendment to Regulation 52 also introduces a definition for what constitutes being blinded, which is deemed to be a condition where a member's eyesight is so defective that they have no useful sight, as determined by the Commission. These Regulations impose specific obligations on the parties involved, primarily the Commission and the Deputy Commissioner. The Deputy Commissioner is required to grant sustenance allowance at specified rates to members who are undergoing medical treatment and are unable to earn a living. The Commission must assess the condition of the member's eyesight to determine if they qualify as being blinded for the purposes of receiving an allowance. Additionally, the Regulations require the Commission to ensure that any payments made under these Regulations are in compliance with the amended provisions. The Regulations do not explicitly outline offences, penalties, or consequences for breaches. However, any failure by the Deputy Commissioner to adhere to the stipulated rates for sustenance allowance, or the Commission to correctly assess a member's condition, could potentially lead to disputes or legal challenges regarding the payment of allowances. Given the nature of these Regulations, non-compliance could result in members not receiving the benefits they are entitled to, which could be addressed through administrative review or legal action. The specific penalties for such breaches are not detailed in these Regulations but would likely be determined in accordance with the overarching Repatriation Act and other relevant laws.

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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.