Repatriation Regulations (Amendment)

Legislation au C1969L00178 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No. 178

 

REGULATIONS UNDER THE REPATRIATION ACT 1920-1969.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby snake the following Regulations under the Repatriation Act 1920-1969.

Dated this sixth day of November, 1969.

Paul Hasluck

Governor-General.

By His Excellencys Command,

Minister for Civil Aviation for and on behalf of the Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations†

Attendance allowance and payment or expenses of appellant.

1. Regulation 46a of the Repatriation Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (5.) the words Eighty-five cents and inserting in their stead the words One dollar;

(b) by omitting from paragraph (b) of that sub-regulation the words Six dollars eighty cents and inserting in their stead the words Eight dollars;

(c) by omitting from that sub-regulation the words One dollar twenty-eight cents (wherever occurring) and inserting in their stead the words One dollar fifty cents; and

(d) by omitting from sub-regulation (6.) the words Thirteen dollars sixty cents and inserting in their stead the words Sixteen dollars.

Subsistence allowance.

2. Regulation 46c of the Repatriation Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

(2.) The allowance payable to a person under the last preceding sub-regulation shall not, unless the Deputy Commissioner certifies that there are special circumstances justifying the payment of a greater amount, exceed—

(a) where the allowance is payable in respect of travelling to or from a sittings of a Tribunal in a Capital City—Twelve dollars fifteen cents per day; or

(b) in any other case—Nine dollars fifty cents per day..

 

* Notified in the Commonwealth Gazette on 13 November 1969.

† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1976, No. 182; 1947, Nos. 72, 106, 149 and 169; 1948. Nos. 38 44, 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; and 1968, No. 122.

21420/69—Price 5c 10/30.9.1969


Expenses of travelling for medical treatment by eligible persons.

3. Regulation 73a of the Repatriation Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

(4.) The amount payable under the last preceding sub-regulation shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed—

(a) where the amount is payable in respect of travelling to or returning from a Capital City—Twelve dollars fifteen cents per day; or

(b) in any other case—Nine dollars fifty cents per day..

Expenses of travelling for medical treatment or pension purposes.

4. Regulation 74 of the Repatriation Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

(4.) The amount payable under the last preceding sub-regulation shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed:—

(a) where the amount is payable in respect of travelling to or returning from a Capital City—Twelve dollars fifteen cents per person per day; or

(b) in any other case—Nine dollars fifty cents per person per day..

Attendance allowance.

5. Regulation 74a of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (3.) the words Eighty-five cents and inserting in their stead the words One dollar;

(b) by omitting from sub-regulation (3a.) the words Eighty-five cents and inserting in their stead the words One dollar;

(c) by omitting from sub-regulation (4.) the words One dollar twenty-eight cents and Six dollars eighty cents and inserting in their stead the words One dollar fifty cents and Eight dollars, respectively; and

(d) by omitting from sub-regulation (5.) the words Thirteen dollars sixty cents and inserting in their stead the words Sixteen dollars.

Severely incapacitated members.

6.—(1.) Regulation 104a of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (2.) the words Twenty dollars and inserting in their stead the words Twenty-five dollars; and

(b) by omitting from sub-regulation (3.) the words Ten dollars and inserting in their stead the words Twelve dollars fifty cents.

(2.) An amendment made by the last preceding sub-regulation applies in relation to an instalment of an allowance that fell due on the date of commencement of the Repatriation Act 1969 or that fell or falls due on any subsequent date.

Allowance to certain widows.

7.—(1.) Regulation 176d of the Repatriation Regulations is amended by omitting the words Fourteen dollars and inserting in their stead the words Fifteen dollars.

(2.) An amendment made by the last preceding sub-regulation applies in relation to an instalment of an allowance that fell due on the first allowance pay day after the date of commencement of the Repatriation Act 1969 and to all subsequent instalments.

Application.

8. The amendments made by regulations 1 to 5 (inclusive) of these Regulations apply in relation to an attendance on, or to expenses incurred on, the date of commencement of the Repatriation Act 1969 or on any subsequent date.

 

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Repatriation Act 1920-1969 was enacted to address the need for comprehensive provisions to assist returned service personnel and their families. This Act, along with its subsequent regulations, was designed to provide financial and medical support to those who had served in the Australian Defence Force. The Repatriation Regulations 1969 were enacted by the Governor-General, Paul Hasluck, in accordance with the Repatriation Act 1920-1969 to provide specific amendments to various allowances and payments, aiming to address inflation and ensure that the financial support provided to veterans and their families remained adequate. The amendments aimed to update the financial provisions to reflect contemporary economic conditions and maintain the integrity of the support system for those who had served the nation. The policy objective of these regulations was to ensure that the benefits provided under the Repatriation Act remained relevant and sufficient to meet the needs of the beneficiaries.

Scope and Application

The Repatriation Regulations, amended by Statutory Rules 1969 No. 178, apply to individuals who are eligible for benefits under the Repatriation Act 1920-1969, such as ex-service personnel and their dependents. The regulations set out specific allowances and payments, including attendance allowances, subsistence allowances, and travel expenses for medical treatment, and they outline the maximum amounts that can be paid under these provisions. These amendments adjust the rates of various allowances and payments to reflect changes in economic conditions. The regulations have a national reach, applying across the Commonwealth of Australia, and govern the financial entitlements of eligible persons. While the regulations cover a wide range of allowances and expenses, they do not explicitly state any exclusions or thresholds beyond those outlined in the amendments. The application of these regulations is further defined by the Repatriation Act itself, which may be subject to additional interpretation or modification through subordinate instruments.

Key Provisions

The Repatriation Regulations, amended by Statutory Rules 1969 No. 178, introduce several changes to allowances and payments under the Repatriation Act 1920-1969. The primary focus of these amendments is the adjustment of monetary figures in various sub-regulations. For instance, Regulation 46a now sets attendance allowance and payment of expenses of appellants at higher rates, such as One Dollar instead of Eighty-five Cents (Regulation 46a(5)(a)), Eight Dollars instead of Six Dollars Eighty Cents (Regulation 46a(5)(b)), and One Dollar Fifty Cents instead of One Dollar Twenty-Eight Cents (Regulation 46a(5)(c)). Similarly, the subsistence allowance for travel to or from a sitting of a Tribunal in a Capital City has been increased to Twelve Dollars Fifteen Cents per day, and for other cases, Nine Dollars Fifty Cents per day (Regulation 46c(2)). These amendments impose updated financial obligations on the relevant parties. The Repatriation Commission and Deputy Commissioner must now consider and certify payments in accordance with the revised rates. For example, when determining subsistence and travel allowances, they must ensure that the payments do not exceed the newly stipulated limits unless special circumstances are present. The changes also necessitate that all calculations and certifications of payments for attendance, subsistence, and travel expenses adhere to the updated figures. Failure to comply with these new regulations can result in penalties. While the specific penalties are not detailed within the text of these Regulations, breaches of the Repatriation Act and its associated regulations could generally lead to civil or administrative penalties. Such penalties might include fines or other corrective measures depending on the nature and severity of the non-compliance. The precise consequences would be determined in the context of the specific breach and the applicable laws governing the Repatriation Act.

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