EXPLANATORY STATEMENT
STATUTORY RULES NO. 83
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
REPATRIATION REGULATIONS (AMENDMENT)
Section 124 of the Repatriation Act 1920 (the Act), provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the Act. Section 120F of the Act provides for the application of laws of a State or Territory to apply to, and in relation to, a person who is employed, or provides services, at a Repatriation hospital or institution. Section 120D of the Act provides for the establishment and administration of hospitals and other institutions. These provide services to eligible persons who include veterans, their dependants and members of the public.
The proposed regulations provide for the application, as prescribed in these Repatriation hospitals and institutions, of the following State laws requiring compulsory blood alcohol testing of motor accident victims admitted to public hospitals:
(a) South Australia: Road Traffic Act 1961 - 1982
(b) Victoria: Motor Car Act 1958
(c) New South Wales: Motor Traffic Act 1909
Details of the proposed regulations are set out below:
Regulation 1 provides for the regulations to come into operation on 1 July 1983;
Regulation 2 provides the citation of the principal regulations;
Regulation 3 amends the interpretation to provide for the existing schedule to the Regulations to be titled Schedule 1;
Regulation 4 provides for the inclusion of three new regulations, 173X - 173Z, that will provide for the inclusion of provisions requiring compulsory blood alcohol testing of motor accident victims;
Regulation 5, 6 and 7 provide amendments of a minor nature, consequential on the inclusion of these new provisions; and
Regulation 8 inserts a new Schedule 2 describing the relevant state laws.