Repatriation (Special Areas) Regulations

Legislation au C1963L00044 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1963. No. 44.

 

REGULATIONS UNDER THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962.*

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.

Dated this twentieth day of May, 1963.

E. W. WOODWARD

Deputy of the Governor-General.

By His Excellencys Command,

Minister of State for Repatriation.

 

REPATRIATION (SPECIAL AREAS) REGULATIONS.

Citation.

1. These Regulations may be cited as the Repatriation (Special Areas) Regulations.

Interpretation.

2. In these Regulations, the Act means the Repatriation (Special Overseas Service) Act 1962.

Commencement.

3. These Regulations shall come into operation on the day on which the Act comes into operation.

Vietnam (Southern Zone) to be a special area.

4. It is declared that, by reason of a state of disturbance in or affecting the area specified in the First Schedule to these Regulations, being an area outside Australia, that area shall be deemed to have become, on the thirty-first day of July, 1962, a special area for the purposes of the Act.

Part of Federation of Malaya to be a special area.

5. It is declared that, by reason of a state of disturbance in or affecting the area specified in the Second Schedule to these Regulations, being an area outside Australia, that area shall become, on the date fixed by proclamation as the date of commencement of the Act, a special area for the purposes of the Act.


THE SCHEDULES.

FIRST SCHEDULE.

Regulation 4.

Vietnam (Southern Zone).

 

SECOND SCHEDULE.

Regulation 5.

All that part of the Federation of Malaya contained within the area bounded by a line commencing at the intersection of the western shore of the Federation of Malaya at high-water mark and the boundary between the States of Perlis and Kedah; thence proceeding generally north-easterly along that boundary to its intersection with the railway line from Arau to Pinang Tunggal; thence following that railway line generally southerly to its intersection with the northern boundary between the States of Penang and Kedah; thence proceeding along the boundary between those States generally easterly, southerly and westerly to the intersection of the boundaries of the States of Penang, Kedah and Perak; thence following the boundary between the States of Penang and Perak to its intersection with the railway line from Pinang Tunggal to Taiping; thence following that railway line generally southerly, easterly and southerly to its intersection with the parallel 4 degrees 51 minutes north latitude; thence proceeding due south in a straight line to the intersection of that line with the parallel 4 degrees 30 minutes north latitude; thence proceeding along that parallel to its intersection with the eastern bank of the Perak River; thence following that bank of that river to its intersection with the parallel 4 degrees 47 minutes north latitude; thence proceeding in a straight line to the intersection of the boundaries of the States of Perak, Kelantan and Pahang; thence proceeding along the boundary between the States of Kelantan and Pahang to its intersection with the meridian 101 degrees 48 minutes east longitude; thence proceeding in a straight line to the intersection of the eastern bank of the Raya River with the eastern bank of the Nenggiri River; thence following that bank of that river to its intersection with the western bank of the Galas River; thence proceeding in a straight line due east to the eastern bank of that river; thence following that bank of that river and the eastern bank of the Kelantan River to its intersection with the eastern shore of the Federation of Malaya at high-water mark; thence following that shore at high-water mark to its intersection with the boundary between the Federation of Malaya and Thailand; thence proceeding along that boundary to the western shore of the Federation of Malaya and Thailand at high-water mark; thence following that shore of the Federation of Malaya at high-water mark to the point of commencement.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Repatriation (Special Overseas Service) Act 1962 was enacted by the Parliament of Australia to provide for the repatriation of Australian citizens or their dependants who were affected by disturbances in specified overseas areas. The Act aimed to address the need for comprehensive repatriation measures in response to conflicts and disturbances outside Australia, ensuring that Australians could be returned to their homeland safely. These Regulations, made under the Act, designate specific areas as "special areas" where the state of disturbance justifies the application of the Act's repatriation provisions. The Repatriation (Special Areas) Regulations 1963, made by the Governor-General in accordance with the Act, came into operation on the same day as the Act, officially recognising Vietnam's Southern Zone and part of the Federation of Malaya as areas requiring special attention for repatriation purposes. The policy objective is to facilitate the return of affected Australians from these designated areas in a structured and supportive manner.

Scope and Application

The Repatriation (Special Areas) Regulations, 1963, made under the Repatriation (Special Overseas Service) Act 1962, extend the scope of the Act to include specific areas affected by disturbances. These Regulations apply to the southern zone of Vietnam and a specified part of the Federation of Malaya, which are declared as special areas due to the state of disturbance in those regions. This declaration enables these areas to be considered for special provisions under the Act. The application of these Regulations is geographically confined to the regions specified in the schedules, which outline the exact boundaries of the designated special areas. The Regulations came into operation on the same day as the Act itself and do not explicitly state any exclusions, exemptions, or thresholds within the provided text. The detailed geographic scope and delineation of the special areas are outlined in the schedules attached to the Regulations.

Key Provisions

The Repatriation (Special Areas) Regulations, made under the Repatriation (Special Overseas Service) Act 1962, provide specific areas where special provisions for repatriation apply. Regulation 4 declares that the Southern Zone of Vietnam is a special area due to a state of disturbance, effective from 31 July 1962 (Section 4). Regulation 5 declares that part of the Federation of Malaya will be a special area on the date fixed for the Act's commencement (Section 5). These declarations make these regions eligible for special repatriation provisions under the Act. These regulations impose obligations on the Commonwealth to provide special repatriation services to service personnel who are injured or become ill in the declared special areas. This includes medical treatment, transportation, and other support services necessary for their care and return to Australia. The Commonwealth is also responsible for ensuring that these services are provided in accordance with the provisions of the Act and these Regulations. Failure to comply with the requirements of these Regulations could lead to civil or criminal penalties as prescribed by the Act. Although the specific penalties are not detailed in the Regulations themselves, the Act may provide for fines or imprisonment for those who wilfully or negligently breach the obligations imposed by these Regulations. The exact penalties would be determined in accordance with the broader legal framework established by the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.