STATUTORY RULES
1968 No.122
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REGULATIONS UNDER THE REPATRIATION ACT 1920-1968.*
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 Act 1920-1968.
Dated this third day of October, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
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Amendments of the Repatriation Regulations†
Clothing allowance.
1.—(1.) Regulation 180a of the Repatriation Regulations is amended by omitting the table from sub-regulation (1.) and inserting in its stead the following table:—
Column 1 | Column 2 |
Description of Disability | Rate per fortnight |
| $ |
One leg and one arm amputated....................................... | 1.70 |
One leg or one arm amputated........................................ | 0.85 |
Both legs or both arms amputated...................................... | 1.10 |
One leg amputated (where a tilting table artificial limb must be worn).............. | 1.10 |
(2.) Regulation 180a of the Repatriation Regulation is amended—
(a) by omitting from sub-regulation (2.) the words “One dollar fifty cents” (wherever occurring) and inserting in their stead the words “One dollar seventy cents”; and
(b) by omitting from sub-regulation (4.) the words “Nineteen dollars fifty cents” and inserting in their stead the words “Twenty-two dollars ten cents”.
Commencement.
2.—(1.) The amendments made by these Regulations shall be deemed to have come into operation on the third day of October, 1968.
(2.) In so far as an amendment made by these Regulations affects instalments of clothing allowance, the amendment applies or shall be deemed to have applied, as the case may be, in relation to any instalment of clothing allowance that fell due on the date specified in the last preceding sub-regulation and to all subsequent instalments.
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* Notified in the Commonwealth Gazette on 17 October, 1968.
† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72, 106, 149 and 169; 1948, Nos. 38, 43, 80, 135 and 137; 1950, No. 96; 1951, Nos. 7 and 58; 1952, Nos. 7, 88 and 101; 1953, No. 6; 1956, Nos. 32, 73 and 101; 1958, No. 22; 1960, Nos. 56 and 60; 1961, Nos. 74 and 139; 1962, No. 93; 1963, Nos. 57 and 104; 1965, No. 124; 1966, Nos. 65 and 168; 1967, No. 150.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
21192/68—Price 5c 9/10.9.68
Overview
The Repatriation Regulations 1968, issued under the authority of the Repatriation Act 1920-1968, were enacted to address issues surrounding the financial support provided to veterans and their families. The Repatriation Act 1920-1968 itself was introduced to provide comprehensive support to those who have served in the Australian Defence Force, including medical care, rehabilitation, and financial assistance. The 1968 Regulations specifically amend the Repatriation Regulations 1943 to adjust the rates of clothing allowance payable to veterans based on their level of disability. The amendments aim to better reflect the needs and circumstances of veterans, ensuring that financial support remains relevant and adequate. These regulations were made by the Governor-General in Council and were designed to take effect from the date of their publication, providing immediate updates to the support mechanisms for veterans.
Scope and Application
The Repatriation Regulations 1968, made under the Repatriation Act 1920-1968, pertain to the administration and implementation of benefits for persons who have served in the Australian Defence Force, including current and former members of the Australian Defence Force, their spouses, and dependents. These regulations apply nationally across the Commonwealth of Australia and govern various aspects of the support provided to eligible individuals, including financial allowances and medical services. The regulations specify rates for clothing allowances based on the nature and extent of disabilities, with detailed amendments affecting the rates and calculations for different levels of amputation or other disabilities. The regulations also address the commencement date and the retroactive application of amendments to ensure that all affected individuals receive the correct allowances from the date the regulations come into effect. This legislative instrument provides a structured framework for the distribution of benefits under the Repatriation Act, ensuring that support is appropriately tailored to the specific needs of the beneficiaries.
Key Provisions
The Repatriation Regulations 1968 (Statutory Rules 1968 No. 122) amend the Repatriation Regulations under the Repatriation Act 1920-1968. These amendments pertain specifically to the clothing allowance for individuals with disabilities (Regulation 180a). The new rates for the clothing allowance are provided in a table inserted in place of the old one, reflecting updated financial support for various levels of amputation or loss of limbs (Regulation 1(1)). Additionally, the Regulations adjust the dollar amounts mentioned in sub-regulations (2) and (4) to reflect these new rates, with one dollar seventy cents replacing one dollar fifty cents, and twenty-two dollars ten cents replacing nineteen dollars fifty cents (Regulation 1(2)(a) and (b)). The amendments came into effect on the third day of October, 1968, and apply retroactively to any clothing allowance instalments due on that date and all subsequent ones (Regulation 2).
These Regulations impose specific obligations on the government and the beneficiaries of the Repatriation Act. The government must now provide updated clothing allowance rates based on the amended table and adjusted dollar amounts. Beneficiaries who fall under the new categories must ensure their claims for clothing allowance reflect the correct rates as per the amended regulations. The Regulations also require that any adjustments be applied retroactively to the specified date, ensuring that all eligible individuals receive the correct amount going forward.
Failure to comply with these Regulations could result in legal consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, breaches of the Repatriation Act could lead to enforcement actions under the broader legislative framework. Such actions may include fines, legal proceedings, or other administrative measures. The penalties for breaches of the Repatriation Act are detailed in other sections of the Act, and they can include significant financial penalties, particularly if the breach is found to be willful or repeated. It is crucial for all parties involved to adhere strictly to the updated regulations to avoid any potential legal repercussions.