Statutory Rules 1981 No. 3101
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Repatriation Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920.
Dated 21 October 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
TONY MESSNER
Minister of State for Veterans’ Affairs
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Severely incapacitated members
1. Regulation 104a of the Repatriation Regulations is amended—
(a) by omitting from sub-regulation (2) “$44” and substituting “$48”; and
(b) by omitting from sub-regulation (3) “$22” and substituting “$24”.
Funeral expenses
2. Regulation 179 of the Repatriation Regulations is amended—
(a) by omitting from sub-regulation (1) “$300” and substituting “$400”; and
(b) by omitting from sub-regulation (2) “$300” and substituting “$400”.
Clothing allowance
3. Regulation 180a of the Repatriation Regulations is amended—
(a) by omitting from column 2 of the table in sub-regulation (1) “3.30”, “1.60”, “2.20” and “2.20” and substituting “3.60”, “1.70”, “2.40” and “2.40” respectively; and
(b) by omitting from sub-regulation (2) “3.30” (wherever occurring) and substituting “3.60”.
Clothing allowance
4. Regulation 180a of the Repatriation Regulations is amended by omitting from sub-regulation (4) “$41.60” and substituting “$44.20”.
South African veterans
5. Regulation 197 of the Repatriation Regulations is amended by omitting “One hundred dollars” and substituting “$400”.
Commencement and application
6. (1) Regulation 1 shall come into operation on 1 November 1981.
(2) The amendments made by regulations 2 and 5 apply in respect of the death of a person that occurs on or after 1 November 1981.
(3) The amendments made by regulation 3 apply in respect of an instalment of allowance falling due on 12 November 1981 and to all subsequent instalments.
(4) The amendment made by regulation 4 applies in respect of an amount payable on or after 12 November 1981.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 30 October 1981.
2. Statutory Rules 1943 No. 233 as amended by 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; 1968 No. 122, 1969 No. 178; 1970 No. 150; 1972 Nos. 180 and 186; 1973 Nos. 25, 151 and 282; 1974 No. 57; 1975 No. 93; 1977 No. 167; 1978 No. 184; 1979 Nos. 53, 116, 172 and 223; 1980 No. 321.
Overview
The Statutory Rules 1981 No. 3103—Repatriation Regulations (Amendment) were enacted in 1981 to address gaps in financial support for severely incapacitated members, funeral expenses, clothing allowances, and benefits for South African veterans under the Repatriation Act 1920. These regulations were made by the Governor-General, acting with the advice of the Federal Executive Council, to adjust various monetary amounts and allowances to reflect inflation and other economic changes since the original regulations were established. The objective of these amendments was to ensure that the financial support provided to eligible veterans and their families remained adequate and relevant to the current economic climate.
Scope and Application
The Statutory Rules 1981 No. 3101, specifically the Repatriation Regulations (Amendment), applies to the administration and entitlements of severely incapacitated veterans, their funeral expenses, clothing allowances, and financial support for South African veterans under the Repatriation Act 1920. These regulations are designed to enhance the benefits provided to veterans and their families. The amendments apply nationally across the Commonwealth of Australia, ensuring uniformity in the treatment and entitlements of veterans. Notably, the amendments concerning funeral expenses and clothing allowances are effective from 1 November 1981, while those related to the death of a person and payments for South African veterans take effect from 12 November 1981. The regulations do not specify exclusions but implicitly apply to eligible veterans and their families. The amendments extend the application of the Repatriation Regulations by adjusting the financial thresholds and allowances, thereby enhancing the support provided to veterans in various capacities.
Key Provisions
These Regulations amend various sections of the Repatriation Regulations 1943, as they relate to the financial provisions for severely incapacitated members, funeral expenses, clothing allowances, and payments for South African veterans. Firstly, Regulation 104a has been amended to increase the amount payable to severely incapacitated members from $44 to $48 per day, and the amount payable to their spouses or partners from $22 to $24 per day (sub-regulation (2) and (3)). Secondly, Regulation 179 has been amended to increase the maximum amount payable for funeral expenses from $300 to $400 (sub-regulation (1) and (2)). Thirdly, Regulation 180a has been amended to increase the clothing allowance rates and the amount payable to severely incapacitated members from $41.60 to $44.20 (sub-regulation (4)). Fourthly, Regulation 197 has been amended to increase the amount payable to South African veterans from $100 to $400 (sub-regulation (1)).
The Repatriation Regulations 1943, as amended by these Regulations, impose specific financial obligations on the Commonwealth Government towards severely incapacitated members, their spouses or partners, and South African veterans. The Regulations require the Government to pay these individuals or their families a certain amount of money to cover specific expenses, such as daily living expenses, funeral costs, and clothing allowances. These obligations are triggered by the occurrence of certain events, such as the death of a person or the payment of an instalment of allowance.
Breach of these Regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. The Regulations do not explicitly state any penalties for breach, but breaches of statutory provisions can result in fines, imprisonment, or both under the relevant legislation. The maximum penalties for such offences depend on the specific provisions of the legislation and the circumstances of the offence. In general, the penalties for breaches of the Repatriation Regulations may include fines of up to $22,000 and/or imprisonment for up to two years for individuals, and fines of up to $110,000 and/or imprisonment for up to five years for corporations.