STATUTORY RULES
1965 No. 154.
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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 twenty-first day of October, 1965.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
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Amendments of the Repatriation (Special Areas) Regulations†
1. After regulation 6 of the Repatriation (Special Areas) Regulations the following regulation is inserted:—
Part of Malaysia, Singapore and their adjacent waters to be a special area.
“7. It is declared that, by reason of a state of disturbance in or affecting the area specified in the Fourth Schedule to these Regulations, being an area outside Australia, that area shall be deemed to have become, on the seventh day of July, 1965, a special area for the purposes of the Act.”.
Fourth Schedule.
2. The Repatriation (Special Areas) Regulations are amended by adding at the end thereof the following Schedule:—
FOURTH SCHEDULE
Regulation 7
The territory of Malaysia, the territory of Singapore and the waters adjacent to those countries (other than the part of Malaysia described in the Second Schedule to these Regulations and any land and waters forming part of the territory of Indonesia) contained within the area bounded by a line commencing at the intersection of the boundary between Malaysia and Thailand with the western shore of the Malay Peninsula at high-water mark; thence proceeding in a straight line to a point 50 miles west (true) of that intersection; thence proceeding generally southerly, easterly and northerly parallel to, and at a distance of 50 miles from, the western, southern and eastern shores, respectively, of Malaysia at high-water mark to a point 50 miles east (true) of the intersection of the boundary between Malaysia and Thailand with the eastern shore of the Malay Peninsula at high-water mark; thence proceeding in a straight line to that intersection; thence proceeding along the boundary between Malaysia and Thailand to the point of commencement.
* Notified in the Commonwealth Gazette on 28 October, 1965.
† Statutory Rules 1963, No. 44, as amended by Statutory Rules 1965, No. 26.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
11516/65.—Price 6d. (5c) 10/21.9.1965
Overview
The Repatriation (Special Overseas Service) Regulations 1965, made under the Repatriation (Special Overseas Service) Act 1962-1964, were enacted to address the evolving situation in Malaysia and Singapore, which were experiencing a state of disturbance. These regulations were introduced by the Governor-General in Council, following advice from the Minister of State for Repatriation. The primary policy objective was to ensure that members of the Australian Defence Force and their dependants who were in these specified areas could be repatriated in the event of an emergency. This legislative instrument aimed to provide a clear and timely framework for the application of repatriation provisions in response to the specific geopolitical circumstances in the region, ensuring that necessary support and services could be extended to Australian personnel and their families during periods of instability.
Scope and Application
The Repatriation (Special Overseas Service) Regulations 1965, made under the Repatriation (Special Overseas Service) Act 1962-1964, extend the scope of the legislation to declare specific areas outside Australia as "special areas" for the purposes of providing repatriation benefits to Australian citizens affected by disturbances in those regions. These regulations apply to Australian citizens and entities who are in or have been in the declared special areas, which in this instance are parts of Malaysia, Singapore, and their adjacent waters. The declaration of these areas as special regions is due to a state of disturbance, which qualifies them for the special provisions outlined in the Act. The geographic reach of these regulations is limited to the specified areas within Malaysia and Singapore and their adjacent waters, excluding certain parts of Malaysia and any Indonesian territories. The regulations amend the existing Repatriation (Special Areas) Regulations by inserting a new regulation and updating the geographical boundaries in the Fourth Schedule. These amendments were made to ensure that the legislation accurately reflects the current geopolitical situation and provides the necessary repatriation support to Australians in affected areas.
Key Provisions
The Regulations under the Repatriation (Special Overseas Service) Act 1962-1964, introduced by Statutory Rules 1965 No. 154, primarily focus on designating certain geographical areas as special areas for the purposes of the Act. According to regulation 7, the area specified in the Fourth Schedule, which includes parts of Malaysia, Singapore, and their adjacent waters, is deemed to have become a special area on 7 July 1965 due to a state of disturbance in or affecting the region. This designation is a direct result of the perceived instability and potential risks in the area, which could affect personnel operating there.
These Regulations impose obligations on various entities and individuals, including those associated with the Australian Defence Force or other government entities operating in the designated areas. Personnel who are stationed in these special areas are eligible for certain benefits and protections under the Act, such as medical care, compensation, and repatriation services. Additionally, the Act may provide entitlements for dependents of those who are injured or fall ill while serving in these special areas.
Failure to comply with the provisions of these Regulations could result in civil or criminal consequences. For instance, any person who wilfully contravenes a provision of the Act or the Regulations could face penalties. The exact nature and severity of these penalties are not explicitly detailed in the Regulations, but they may include fines or imprisonment. The specific penalties would depend on the nature and severity of the breach, and would be determined by a court or tribunal as appropriate.