STATUTORY RULES
1968 No.
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REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND
ALLOWANCES ACT 1940-1968*
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 1940-1968.
Dated this third day of October, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
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Amendments of the Seamen’s War Pensions and Allowances Regulations†
Clothing allowance.
1.—(1.) Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the table from sub-regulation (1.) and inserting in its stead the following table:—
Column 1 | Column 2 |
Description of Disability | Rate per fortnight |
| $. |
One leg and one arm amputated................................... | 1.70 |
One leg or one arm amputated.................................... | 0.85 |
Both legs or both arms amputated.................................. | 1.10 |
One leg amputated (where a tilting table artificial limb must be worn).......... | 1.10 |
(2.) Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from sub-regulation (2.) the words “One dollar fifty cents” (wherever occurring) and inserting in their stead the words “One dollar seventy cents”; and
(b) by omitting from sub-regulation (4.) the words “Nineteen dollars fifty cents” and inserting in their stead the words “Twenty-two dollars ten cents”.
Commencement.
2.—(1.) The amendments made by these Regulations shall be deemed to have come into operation on the third day of October, 1968.
(2.) In so far as an amendment made by these Regulations affects instalments of clothing allowances, the amendment applies or shall be deemed to have applied, as the case may be, in relation to any instalment of clothing allowance that fell due on the date specified in the last preceding sub-regulation and to all subsequent instalments.
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* Notified in the Commonwealth Gazette on , 1968.
† Statutory Rules 1961, No. 145, as amended by Statutory Rules 1963, No. 120; 1964, No. 104; 1965, No. 89; 1966, No. 110; and 1968, No.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
22271/68—Price 5c 10/18.9.68
Overview
Statutory Rules 1968 No. 120, known as the Seamen’s War Pensions and Allowances Regulations, was enacted in 1968 under the authority of the Seamen’s War Pensions and Allowances Act 1940-1968. This legislation was introduced to address the need for updating the allowances for seamen who had suffered disabilities during wartime service, ensuring that they received fair compensation. The regulations were made by the Governor-General in accordance with the Federal Executive Council's advice, with the objective of amending the existing regulations to reflect changes in economic conditions and the severity of disabilities. The policy objective was to provide adequate financial support to seamen affected by war-related injuries, thereby recognising their service and sacrifices. The amendments, which came into operation on 3 October 1968, included adjustments to the rates of clothing allowances for various degrees of disability.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations 1968, issued under the Seamen’s War Pensions and Allowances Act 1940-1968, apply specifically to individuals who are eligible for war pensions and allowances as seamen, including those who have suffered disabilities as a result of their service. The regulations govern the administration and payment of these pensions and allowances, with specific focus on the clothing allowance. These regulations are applicable nationally within Australia, as they are issued by the Commonwealth Government. The amendments to these regulations adjust the rates of the clothing allowance for various degrees of disability and update the financial figures to reflect current economic conditions. The new rates are to be applied from the date the regulations came into effect, and retroactively to any due payments. These regulations do not specify any exclusions or exemptions but instead provide a structured framework for the application and payment of the allowances. The authority for these regulations is derived from the parent Act, and further detailed rules or specific applications may be prescribed through subordinate instruments as needed.
Key Provisions
The main operative sections of the Seamen’s War Pensions and Allowances Regulations (the Regulations) concern the amendment of the clothing allowance rates for seamen with disabilities, as outlined in Regulation 38a (1). The Regulations specify new rates for different types of disabilities, such as the amputation of limbs, with these rates to be applied from the date of the Regulations' commencement. In addition, the Regulations adjust the monetary figures in sub-regulations (2) and (4) to reflect the updated rates.
The Regulations impose obligations on the government and other entities to ensure that the updated rates of clothing allowance are correctly calculated and paid to eligible seamen. The government is responsible for implementing the changes to the rates and ensuring that all relevant instalments of clothing allowance are adjusted accordingly, as per the Regulations.
Breaches of these Regulations may result in civil or criminal consequences. Although the Regulations do not explicitly detail specific offences or penalties, non-compliance with the statutory requirements for the calculation and payment of allowances could potentially lead to legal action for damages or other remedies under the Seamen’s War Pensions and Allowances Act 1940-1968 or related legislation. The maximum penalties for such breaches would depend on the specific nature of the breach and the applicable laws at the time.