STATUTORY RULES
1967 No. 87
REGULATIONS UNDER THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962-1966.*
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 1962-1966,
Dated this twenty-second day of June, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
G. COLIN McKELLAR
Minister of State for Repatriation.
Amendments of the Repatriation (Special Areas) Regulations†
1. After regulation 7 of the Repatriation (Special Areas) Regulations the following regulation is inserted:—
Vietnamese waters to be a special area.
“8.—(1.) It is declared that, by reason of a state of disturbance in or affecting the area specified in the Fifth Schedule to these Regulations, being an area outside Australia, that area shall be deemed to have become, on the first day of March, 1967, a special area for the purposes of the Act.
(2.) In the Fifth Schedule to these Regulations, a reference to miles shall be read as a reference to Admiralty nautical miles.”.
Fifth Schedule.
2. The Repatriation (Special Areas) Regulations are amended by adding at the end thereof the following Schedule:—
“FIFTH SCHEDULE
Regulation 8 (1.)
All that area of land and waters (other than land or waters forming part of the territory of Cambodia or China) bounded by a line commencing at the intersection of the boundary between Cambodia and Vietnam (Southern Zone) with the shore of Vietnam (Southern Zone) at high-water mark; thence proceeding in a straight line to a point 100 miles west (true) of that intersection; thence proceeding along an imaginary line; parallel to, and at a distance of 100 miles from, the shore of Vietnam at high-water mark to its intersection with the parallel 21 degrees 30 minutes north latitude; thence proceeding along that parallel westerly to its intersection with the shore of Vietnam at high-water mark; thence following the shore of Vietnam at high-water mark to the point of commencement.”.
* Notified in the Commonwealth Gazette on ,1967.
† Statutory Rules 1963, No. 44, as amended by Statutory Rules 1965, Nos. 26 and 154.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
5584/—Price 5c 12/29.8.1967
Overview
Statutory Rules 1967 No. 87, issued under the Repatriation (Special Overseas Service) Act 1962-1966, addresses the need to designate specific areas outside Australia as "special areas" for the purpose of extending repatriation benefits to Australian Defence Force members serving in those regions. Enacted by the Governor-General in the Federal Executive Council, these regulations respond to the evolving geopolitical situation in South-East Asia, specifically acknowledging the state of disturbance in Vietnamese waters. The policy objective is to ensure that service members operating in these volatile areas are eligible for the same repatriation benefits as those serving in other designated special areas. The regulations amend the Repatriation (Special Areas) Regulations to include Vietnamese waters as a special area, thereby extending the geographical scope of the Act’s provisions in response to the ongoing conflict in the region.
Scope and Application
The Repatriation (Special Overseas Service) Regulations 1967, made under the Repatriation (Special Overseas Service) Act 1962-1966, extend the scope of the Act to include Vietnamese waters as a special area due to the state of disturbance in or affecting the region. These regulations apply to all land and waters, excluding those forming part of Cambodia or China, bounded by a specific geographic description within the Fifth Schedule. This area is declared to be a special area for the purposes of the Act from 1 March 1967, thereby subjecting individuals and entities operating within this region to the Act's provisions. The geographic reach of these regulations is national, as they pertain to areas outside Australia, and they are implemented to ensure that individuals serving in these designated special areas are covered under the Act’s provisions for repatriation and other benefits. These regulations do not specify any exclusions or thresholds but rather focus on delineating the geographic boundaries of the special area. Subordinate instruments may further extend or restrict the application of these regulations as needed.
Key Provisions
The primary operative sections of these regulations are sections 1 and 2, which amend the Repatriation (Special Areas) Regulations. Specifically, section 1 introduces a new regulation 8, declaring a particular area to be a special area for the purposes of the Act due to a state of disturbance. Section 2 adds a detailed description of this area in a Fifth Schedule, specifying the geographical boundaries of the area in question. These provisions effectively expand the definition of 'special areas' under the Act to include Vietnamese waters, thereby extending the scope of the Act's application to cover this newly designated region.
The obligations and requirements imposed by these regulations on the parties or entities they govern primarily relate to the recognition and treatment of service in the newly declared special area. This includes eligibility for repatriation benefits for Australian Defence Force personnel who served in or were stationed in these waters. It also entails the administrative duties of the relevant authorities to ensure that these personnel receive the benefits and services to which they are entitled under the Act. The regulations require that the geographical boundaries specified in the Fifth Schedule be adhered to in determining eligibility for these benefits.
There are no explicit offences, penalties, or consequences for breach stated within these regulations. However, the failure to adhere to the requirements and obligations imposed by these regulations could result in disputes over eligibility for benefits, potential administrative actions, or legal challenges. Such outcomes would be governed by the broader provisions of the Repatriation (Special Overseas Service) Act 1962-1966 and any relevant judicial interpretations. While the regulations themselves do not specify maximum penalties, any breaches of the Act could lead to civil or criminal consequences depending on the nature and severity of the breach.