STATUTORY RULES
1972 No.
REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1972.*
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 Seamen’s War Pensions and Allowances Act 1940-1972.
Dated this seventeenth day of November, 1972.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
Amendment of the Seamen’s War Pensions and Allowances Regulations†
Allowance to certain widows.
1. Regulation 37 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words “Sixteen dollars” and inserting in their stead the words “Seventeen dollars”.
Application.
2. The amendment made by the last preceding regulation applies in relation to an instalment of an allowance that fell due on the first pension pay day after the date of commencement of the Seamen’s War Pensions and Allowances Act (No. 2) 1972 and to all subsequent instalments.
* Notified in the Commonwealth Gazette on 1972.
† Statutory Rules 1961, No. 105. as amended by Statutory Rules 1961, No. 145; 1963, No. 120; 1964, No. 107; 1965, No. 89; 1966, No. 110; 1967, No. 44; 1968, Nos. 106 and 120; 1969, Nos. 109 and 179; 1970, Nos. 84 and 155; and 1972, No. 119.
Printed by Authority by the Government Printer of the Commonwealth of Australia
18884/72—Price 5c 10/18.10.1972
Overview
The Seamen's War Pensions and Allowances Act 1940-1972 was enacted to address the need for financial support for seamen and their families who had been impacted by war-related circumstances. This Act, along with its accompanying regulations, aimed to provide pensions and allowances to those who had served during wartime and their dependents. The 1972 Regulations under the Act specifically targeted amendments to the allowance rates for certain categories of beneficiaries, reflecting the legislative intent to ensure that these payments kept pace with inflation and other economic factors. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations underscore the commitment of the Australian government to support those affected by wartime service through timely and appropriate financial assistance.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations 1972, made under the Seamen’s War Pensions and Allowances Act 1940-1972, govern the specific allowances to be paid to certain widows of seamen who have been incapacitated or killed while serving in the military. These regulations specifically apply to the financial support provided to widows, adjusting the stipulated allowance from sixteen dollars to seventeen dollars. The amended regulations apply to all instalments of the allowance that were due from the first pension pay day after the commencement of the Seamen’s War Pensions and Allowances Act (No. 2) 1972, and all subsequent payments. The scope of these regulations is limited to the financial support mechanism within the Commonwealth of Australia, and it does not extend to other forms of pensions or allowances outside the purview of this Act. No specific exclusions, exemptions, or thresholds are noted in the text, but it is implicit that the regulations apply to those who meet the eligibility criteria as set out in the parent Act. The Act’s application is potentially extended or restricted through further subordinate instruments, as indicated by the historical amendments listed.
Key Provisions
The Seamen's War Pensions and Allowances Regulations 1972 (Regulations) are amendments to the existing framework governing allowances for certain individuals under the Seamen’s War Pensions and Allowances Act 1940-1972. Specifically, Regulation 37 is amended to increase the allowance from sixteen dollars to seventeen dollars (Reg. 1). This amendment applies to any instalment of an allowance that became due on the first pension pay day after the commencement of the Seamen’s War Pensions and Allowances Act (No. 2) 1972 and to all subsequent instalments (Reg. 2).
The Regulations impose specific obligations on the parties involved, primarily concerning the adjustment and payment of allowances as stipulated. The amendment necessitates that the responsible authority adjust the payment schedule to reflect the new allowance amount. This includes ensuring that all instalments, from the specified commencement date onward, are calculated and disbursed at the revised rate of seventeen dollars, rather than the previous sixteen dollars.
Failure to comply with these Regulations could result in legal consequences for the responsible authorities. While the document does not explicitly state the penalties for non-compliance, under the parent Act, breaches of statutory obligations can lead to fines or other penalties as determined by the relevant court. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the discretion of the court.
It is important for the parties governed by these Regulations to ensure they adhere to the updated provisions to avoid any legal repercussions. The amendment is clear in its scope and application, and any failure to implement it could result in civil or administrative actions against the defaulting parties. The precise consequences would need to be assessed based on the specific breach and the applicable laws in force at the time.