STATUTORY RULES.
1956. No. 32.
REGULATIONS UNDER THE REPATRIATION ACT 1920-1955.*
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 1920-1955.
Dated this nineteenth day of April, 1956.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
Amendments of the Repatriation Regulations.†
Commencement.
1.—(1.) Regulation 2 of these Regulations shall be deemed to have come into operation on the twenty-second day of June, 1951.
(2.) Regulation 3 of these Regulations shall be deemed to have come into operation on the twenty-seventh day of June, 1950.
Amendment of Statutory Rules 1951. No. 58.
2. Regulation 3 of Statutory Rules 1951, No. 58 is repealed.
3. After regulation 198 of the Repatriation Regulations the following regulation is added:—
Operational areas.
“199. For the purposes of warlike operations in Korea after the twenty-sixth day of June, 1950, and in Malaya after the twenty-eighth day of June, 1950, operational areas are—
(a) in relation to the war service of members of the Naval and Air Forces of the Commonwealth or the Naval and Air Forces of a part of the Queen’s Dominions other than the Commonwealth, being service before the twentieth day of April, 1956—the area of Korea, including the waters contiguous to the coast of Korea for a distance of One hundred nautical miles seaward from the coast;
(b) in relation to the war service of members of the Military Forces of the Commonwealth or the Military Forces of a part of the Queen’s Dominions other than the Commonwealth, being service before the twentieth day of April, 1956—the area of Korea, including the waters contiguous to the coast of Korea for a distance of ten nautical miles seaward from the coast; and
* Notified in the Commonwealth Gazette on , 1956.
† 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; and 1953, No. 6.
1641/56.—Price 3d. 9/27.3.1956.
(c) in relation to the war service of members of the Military and Air Forces of the Commonwealth or the Military and Air Forces of a part of the Queen’s Dominions other than the Commonwealth—the area of Malaya, including the waters contiguous to the coast of Malaya for a distance of ten nautical miles seaward from the coast.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Repatriation Regulations Amendment Statutory Rules of 1956, No. 32, were enacted to address the urgent need to define operational areas for war service in Korea and Malaya, specifically for members of the Australian military forces participating in these conflicts. This legislative instrument was made under the authority of the Repatriation Act 1920-1955 by the Governor-General in Council, acting on the advice of the Minister of State for Repatriation. The primary policy objective was to ensure that the legal framework accurately reflected the geographical boundaries of active military operations to facilitate proper administration of benefits and support services for veterans and their families.
These regulations were specifically designed to clarify and expand the scope of the operational areas as defined in the original Repatriation Regulations, thereby addressing a critical gap in the legal definitions that had emerged due to the changing nature of military engagements during the Korean and Malayan conflicts. The amendments aimed to provide a clear and consistent basis for determining eligibility for repatriation benefits based on the specific areas of service, ensuring that all affected personnel received appropriate support and recognition for their contributions.
Scope and Application
The Repatriation Regulations, as amended by Statutory Rules 1956 No. 32, apply to the operational areas defined for warlike operations in Korea and Malaya after specific dates in 1950, and before April 20, 1956. These regulations pertain to members of the Naval, Air, and Military Forces of the Commonwealth and parts of the Queen’s Dominions, encompassing their service in the designated areas. The geographic reach of these regulations is confined to specific maritime and land zones, including waters contiguous to the coasts of Korea and Malaya for defined distances. The regulations establish the operational areas relevant for the purposes of determining benefits and entitlements under the Repatriation Act 1920-1955 for service personnel affected by these warlike operations. The application of these regulations can be further extended or modified through subordinate instruments, as authorised by the overarching Act.
Key Provisions
The key provisions of these Regulations under the Repatriation Act 1920-1955 (C1956L00032) introduce amendments to the existing Repatriation Regulations. Specifically, Regulation 2 of these Regulations (section 1(1)) is deemed to have come into effect on 22 June 1951, and Regulation 3 (section 1(2)) on 27 June 1950. Additionally, Regulation 3 of Statutory Rules 1951, No. 58 is repealed (section 2). A new regulation, Regulation 199 (section 3), is added to the Repatriation Regulations, which defines operational areas for warlike operations in Korea and Malaya starting from 26 June 1950 and 28 June 1950, respectively. These operational areas are specified in detail, encompassing geographical regions and the maritime zones contiguous to the coasts of Korea and Malaya.
These Regulations impose obligations on the parties and entities governed by them, primarily concerning the operational areas defined for warlike operations in Korea and Malaya. The regulations specify the geographic and maritime zones that constitute the operational areas, thereby delineating the scope of the war service for which benefits under the Repatriation Act may be applicable. This includes service by members of the Naval and Air Forces, and the Military Forces of the Commonwealth or parts of the Queen’s Dominions. The new Regulation 199 (section 3) sets forth these areas explicitly, ensuring clarity for those seeking to claim benefits under the Act.
Breaches of these Regulations may lead to various civil and criminal consequences, although the specific penalties are not detailed within the text provided. Typically, non-compliance with statutory regulations can result in fines, imprisonment, or other legal penalties as stipulated by the relevant laws. The maximum penalties would depend on the nature and severity of the breach, as well as any additional legislative provisions that may apply. It is essential for parties governed by these Regulations to adhere strictly to the defined operational areas to avoid any legal repercussions.