Repatriation (Special Overseas Service) Regulations (Amendment)

Overview

The Statutory Rules 1966 No. 170 under the Repatriation (Special Overseas Service) Act 1962-1965 were enacted by the Governor-General in Council on 25 November 1966, in response to the need to update and amend the Repatriation (Special Overseas Service) Regulations. The primary objective of these regulations was to provide financial support to individuals who had been awarded decorations for their service overseas, ensuring that the allowances for such decorations were set at a fair and consistent rate. The Repatriation (Special Overseas Service) Act itself was designed to provide comprehensive benefits to Australian service personnel who had served overseas during times of conflict or special service, addressing the gap in support for these individuals and their families. The regulations were enacted to amend the existing provisions concerning decoration allowances, ensuring that payments were made at a specified rate from the date of commencement of the new sub-regulation. These amendments were deemed to have come into operation on 6 October 1966, reflecting the intent to provide immediate and effective support to those who had been recognised for their service through the award of a decoration. The regulations were published in the Commonwealth Gazette and bear the authority of the Commonwealth Government Printer, Canberra.

Scope and Application

The Repatriation (Special Overseas Service) Regulations 1966, made under the Repatriation (Special Overseas Service) Act 1962-1965, apply to individuals who have served in the Australian Defence Force and are eligible for repatriation benefits due to their service overseas. These regulations specifically address the allowances for decorations awarded to such personnel. The regulations are applicable nationally within the Commonwealth of Australia and govern the rates and conditions for the payment of decoration allowances to eligible recipients. The amendments to these regulations, particularly the adjustment to the payment rates for decoration allowances, were effective as of October 6, 1966. The regulations do not specify any exclusions or exemptions, and they are enforced through subordinate instruments as necessary. The amendment to the payment rate is designed to ensure that recipients receive appropriate compensation reflective of their service and any awards received.

Key Provisions

The Regulations under the Repatriation (Special Overseas Service) Act 1962-1965 primarily amend the existing rules concerning the payment of decoration allowances to eligible individuals. Regulation 62 is specifically targeted, with modifications to the manner and rate at which these allowances are paid. The amendment to sub-regulation (1) involves removing the phrase “at such rate and” and replacing “from time to time” with “at the date of commencement of sub-regulation (2a.)”. Furthermore, a new sub-regulation (2a) is introduced, which stipulates that payment shall be at a rate of One dollar per week or, if the previous rate was higher, that higher rate shall apply. These amendments impose certain obligations on the parties involved, specifically those responsible for administering the decoration allowances. They must now ensure that the payments are made at the rates specified in the amended regulations. This includes verifying the rate of payment applicable immediately before the commencement of sub-regulation (2a) to determine whether the higher rate should be applied. This requirement ensures that individuals who were previously receiving higher rates continue to do so unless the new regulations specify otherwise. Breach of these regulations or failure to comply with the stipulated obligations could potentially lead to legal consequences. While the specific penalties are not detailed within the text of these Regulations, under the broader framework of the Repatriation (Special Overseas Service) Act 1962-1965, non-compliance could result in civil or criminal penalties. The exact nature and severity of these penalties would be determined in accordance with the provisions of the primary Act and any applicable legislative instruments. This underscores the importance of adhering to the amended regulations to avoid any adverse legal repercussions.