STATUTORY RULES.
1965. No. 26.
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REGULATIONS UNDER THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962-1964.*
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 (Special Overseas Service) Act 1962-1964.
Dated this nineteenth day of February, 1965.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
G. COLIN McKELLAR
Minister of State for Repatriation.
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AMENDMENTS OF THE REPATRIATION (SPECIAL AREAS) REGULATIONS.†
1. After regulation 5 of the Repatriation (Special Areas) Regulations the following regulation is inserted:—
Part of Malaysia to be special area.
“6. It is declared that, by reason of a state of disturbance in or affecting the area specified in the Third Schedule to these Regulations, being an area outside Australia, that area shall be deemed to have become, on the eighth day of December, 1962, a special area for the purposes of the Act.”.
Third Schedule.
2. The Repatriation (Special Areas) Regulations are amended by adding at the end thereof the following Schedule:—
THIRD SCHEDULE.
Regulation 6.
All that area of land and waters (other than islands and waters forming part of the territory of the Republic of the Philippines) bounded by a line commencing at the intersection of the northern shore of Borneo at high-water mark with the boundary between Kalimantan and Sarawak; thence proceeding generally south-easterly, easterly and northerly along that boundary to its junction with (the boundary between Kalimantan and Sabah; thence proceeding generally easterly along that boundary to its intersection with the eastern shore of Borneo at high-water mark; (thence proceeding in a straight line easterly to the intersection of the western shore of the island of Sebatik at high-water mark with the boundary between that part of that island that forms part of Sabah and that part of that island that forms part of Kalimantan; thence proceeding generally easterly along that boundary to its intersection with the eastern shore of the island of Sebatik at high-water mark; thence proceeding in a straight line easterly to a point 50 miles east (true) of the intersection of the eastern shore of Borneo at high-water mark with the boundary between Kalimantan and Sabah; thence proceeding generally northerly and south-westerly parallel to and at a distance of 50 miles from the eastern and northern shores, respectively, of Borneo at high-water mark to a point 50 miles north (true) of the point of commencement; thence proceeding in a straight line southerly to the point of commencement.
* Notified in the Commonwealth Gazette on 4 March, 1965.
† Statutory Rules 1963, No. 44.
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By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
15121/64.—PRICE 6D. 10/29.1.1965.
Overview
The Repatriation (Special Areas) Regulations 1965 were made under the authority of the Repatriation (Special Overseas Service) Act 1962-1964, and were enacted to address the need for defining specific areas of disturbance outside Australia as special areas for the purposes of repatriation services to Australian Defence Force personnel. These Regulations were issued by the Governor-General in Council, as per the authority granted under the aforementioned Act, to respond to the evolving geopolitical situation in Southeast Asia, particularly the disturbances in parts of Malaysia. The policy objective of these Regulations was to ensure that Australian Defence Force personnel serving in or around these areas would be eligible for the same repatriation benefits as those serving in other designated special areas, thereby providing consistent support and care for members of the Defence Force in conflict zones.
Scope and Application
The Repatriation (Special Overseas Service) Act 1962-1964, as amended by these Regulations, applies to individuals who have served in the Australian Defence Force and who have been affected by specific overseas disturbances. These Regulations extend the scope of the Act to include areas of Malaysia, specifically parts of Borneo and surrounding waters, as special areas due to a state of disturbance. This geographic expansion is intended to provide eligible personnel with benefits and support similar to those provided under the Act for other designated special areas. The Act's application is further defined and extended through subordinate instruments, including the Repatriation (Special Areas) Regulations, which are amended to incorporate the newly designated special area. There are no explicit exclusions or exemptions detailed within these Regulations, which means that all eligible service personnel within the specified area may qualify for benefits under the Act. The jurisdictional reach of these Regulations is national, applying across the Commonwealth of Australia and its designated special areas.
Key Provisions
The primary operative sections of this legislative instrument, as detailed in the Repatriation (Special Overseas Service) Act 1962-1964, involve amendments to the Repatriation (Special Areas) Regulations. Specifically, Regulation 6 is inserted after regulation 5, declaring that a specific area in Malaysia is deemed to be a special area for the purposes of the Act due to a state of disturbance (Section 1). This declaration is further detailed in the Third Schedule, which describes the geographic boundaries of the area in question (Section 2). These regulations clarify the areas where special repatriation provisions apply, ensuring that the Act's provisions are properly extended to cover the designated region.
The obligations and requirements imposed by these regulations on the parties or entities governed by them primarily involve the identification and demarcation of the special area as specified. This includes recognising the area of land and waters in Malaysia as a special area under the Act, thus ensuring that any applicable benefits or provisions related to repatriation are extended to this region. The regulations also require adherence to the defined geographical boundaries and the conditions under which the area is considered special, ensuring clarity and consistency in the application of the Act's provisions.
Breaches of these regulations may result in various civil and criminal consequences, although specific offences and penalties are not detailed within this legislative instrument. Generally, failure to comply with regulations made under the Repatriation (Special Overseas Service) Act 1962-1964 could potentially lead to legal action, including fines or other penalties as prescribed by the relevant laws. The maximum penalties, however, are not explicitly stated in this document but would be determined according to the broader legislative framework governing the Act and related regulations.