Statutory Rules 1981 No. 3121
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Seamen’s War Pensions and Allowances Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of 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.
Dated 21 October 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
TONY MESSNER
Minister of State for Veterans’ Affairs
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Funeral expenses
1. Regulation 38 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “$300” and substituting “$400”.
Clothing allowance
2. Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from column 2 of the table in sub-regulation (1) “3.30”, “1.60”, “2.20” and “2.20” and substituting “3.60”, “1.70”, “2.40” and “2.40” respectively; and
(b) by omitting from sub-regulation (2) “$3.30” (wherever occurring) and substituting “$3.60”.
Clothing allowance
3. Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (4) “$41.60” and substituting “$44.20”.
Application
4. (1) The amendment made by regulation 1 applies in respect of the death of an Australian mariner that occurs on or after 1 November 1981.
(2) The amendments made by regulation 2 apply in respect of an instalment of allowance falling due on 12 November 1981 and to all subsequent instalments.
(3) The amendment made by regulation 3 applies in respect of an amount payable on or after 12 November 1981.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 30 October 1981.
2. 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; 1972 Nos. 119 and 194; 1973 Nos. 27, 35, 84 and 290; 1975 No. 97; 1977 No. 170; 1978 No. 188; 1979 Nos. 54, 117 and 227; 1980 No. 326.
Overview
The Seamen’s War Pensions and Allowances Regulations 1981, made under the Seamen’s War Pensions and Allowances Act 1940, were introduced to amend the existing regulations to reflect changes in economic conditions and ensure that the financial support provided to the families of deceased seamen remains adequate. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aimed to update the financial allowances related to funeral expenses and clothing for the families of deceased seamen, thereby addressing the gap created by inflation and the need for timely financial assistance. The policy objective was to ensure that the benefits provided under the Act were reflective of current economic realities and continued to offer necessary support to the families of those who had served in the maritime sector.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations 1981 (Amendment) pertain to the Seamen’s War Pensions and Allowances Act 1940, specifically modifying the financial provisions for seamen’s war pensions and allowances. These regulations apply to Australian mariners who have died or are receiving allowances on or after the specified dates in 1981. The amendments primarily affect the financial aspects of funeral expenses and clothing allowances, adjusting the amounts to account for inflation and changes in circumstances. The regulations extend to any relevant instalments of allowance falling due after 12 November 1981 and any amounts payable from that date onwards. There are no exclusions, exemptions, or thresholds specified in the text, and the application of these regulations is strictly governed by the dates mentioned in the amendments.
Key Provisions
The Seamen’s War Pensions and Allowances Regulations 1981 (Amendment) modify the existing provisions under the Seamen’s War Pensions and Allowances Act 1940. Regulation 38 increases the amount payable for funeral expenses from $300 to $400 for Australian mariners who die on or after 1 November 1981. Regulation 38a revises the clothing allowance rates. The first amendment replaces the existing rates of 3.30, 1.60, 2.20, and 2.20 with 3.60, 1.70, 2.40, and 2.40, respectively, and applies to all instalments of allowance due on or after 12 November 1981. The second amendment adjusts the dollar amounts in sub-regulation (2) from $3.30 to $3.60 and modifies sub-regulation (4) from $41.60 to $44.20, also applicable to payments on or after 12 November 1981.
Under these regulations, the primary obligation falls on the relevant authorities to ensure that the updated amounts are correctly applied to eligible beneficiaries. The amendments mandate that the new funeral expense amount and updated clothing allowance rates be applied to deaths and payments occurring after the specified dates. The revised rates must be adhered to in processing claims for these allowances.
Failure to comply with these amendments could result in incorrect payments being made to beneficiaries, leading to potential legal consequences for the authorities involved. The regulations explicitly state the dates from which the new provisions apply, ensuring that there is no ambiguity regarding the timing of the amendments. It is essential that all parties involved in the administration of these pensions and allowances are aware of these changes to avoid any breaches of the statutory requirements.