EXPLANATORY STATEMENT
Statutory Rules No 334
Seamen’s War Pensions and Allowances Act 1940
Seamen’s War Pensions and Allowances Regulations (Amendment)
Issued by the Minister for Veterans’ Affairs
Section 59 of the Seamen’s War Pensions and Allowances Act 1940 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to the Act.
The Statutory Rules give effect to the Government’s 1988 Budget decision to increase the rates of Clothing Allowance payable under the regulations.
Details of the regulations are set out below.
Regulation 1 - Clothing Allowance
Regulation 38A provides for the payment of an allowance, called Clothing Allowance, to an Australian Mariner whose specified disabilities cause excessive wear and tear on clothing.
Subregulation 1(a) amends the table in regulation 38A(1) to provide for the following increases in the rates of Clothing Allowance -
Item 1 | the allowance increases from $5.80 to $6.20 per fortnight; |
Items 2 and 3 | the allowance would be increased from $3.80 to $4.00 per fortnight; and |
Items 4 and 5 | the allowance would be increased from $2.70 to $2.90 per fortnight. |
Subregulation 1(b) amends subregulation 38A(2) to increase, from $5.80 to $6.20 per fortnight, the rate of Clothing Allowance payable where the use of a crutch or crutches is necessitated by disabilities specified in items 2, 3 and 4 of the table in subregulation 38A(1).
Subregulation 1(c) amends subregulation 38A(4) to increase the maximum amount of Clothing Allowance payable in any period of 12 months from $70.20 to $75.40.
Regulation 2 - Application
Regulation 2 specifies the circumstances to which the amendments made by the Principal Regulations will apply.
Subregulation 2(1) provides that the increased rates of Clothing Allowance under paragraphs 1(a) and (b) are payable on and from payday 15 December 1988.
Subregulation 2(2) provides that the increase made by paragraph 1(c) in the maximum amount of Clothing Allowance payable under subregulation 38A(4) applies to payments made on or after 15 December 1988.
Overview
The Seamen’s War Pensions and Allowances Regulations (Amendment) 1988, issued under the authority of the Minister for Veterans’ Affairs, was enacted to amend the existing Seamen’s War Pensions and Allowances Regulations of 1940. This amendment was made in response to the 1988 Budget decision, which aimed to adjust the rates of certain allowances to better meet the needs of Australian Mariners with specified disabilities. The primary objective was to ensure that those affected by excessive wear and tear on their clothing, due to their disabilities, receive appropriate financial support. The regulations were enacted by the Governor-General, in accordance with Section 59 of the Seamen’s War Pensions and Allowances Act 1940, and the amendments came into effect from 15 December 1988. The changes included increasing the rates of Clothing Allowance to reflect updated economic conditions and to provide enhanced support for eligible individuals.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations (Amendment) 2004, issued under section 59 of the Seamen’s War Pensions and Allowances Act 1940, primarily amend the rates of Clothing Allowance payable to Australian Mariners who suffer from disabilities causing excessive wear and tear on clothing. This regulation applies to Australian Mariners who meet the criteria set forth in the Act, specifically those whose disabilities necessitate the use of crutches or result in excessive wear and tear on their clothing, thereby qualifying them for the Clothing Allowance. The amendments to the regulations are effective from 15 December 1988, with the increased allowance rates applicable from this date. The regulation also extends to increase the maximum amount of Clothing Allowance payable in any period of 12 months. These amendments ensure that the allowance reflects current economic conditions and the cost of living, thereby providing necessary financial support to eligible Mariners.
Key Provisions
The Seamen’s War Pensions and Allowances Regulations (Amendment) (No. 334) made under Section 59 of the Seamen’s War Pensions and Allowances Act 1940, outlines key changes to the Clothing Allowance for Australian Mariners. Regulation 1 addresses the specific increases in the rates of Clothing Allowance due to specified disabilities that cause excessive wear and tear on clothing. The new rates will increase from $5.80 to $6.20 per fortnight for Item 1, from $3.80 to $4.00 for Items 2 and 3, and from $2.70 to $2.90 for Items 4 and 5. Furthermore, the rate for those requiring the use of a crutch or crutches due to specified disabilities, as outlined in items 2, 3 and 4, will also increase from $5.80 to $6.20 per fortnight. Additionally, the maximum amount of Clothing Allowance payable in any period of 12 months will increase from $70.20 to $75.40.
These regulations impose specific obligations on the government and the Australian Mariners. The government must ensure that the increased rates of Clothing Allowance are correctly applied and paid from the designated date. The Australian Mariners, on the other hand, must meet the criteria of having specified disabilities that necessitate the use of a crutch or result in excessive wear and tear on clothing to be eligible for the increased allowance.
Non-compliance with these regulations could lead to serious consequences. While the specific penalties are not detailed within the regulations, breaches of provisions under the Seamen’s War Pensions and Allowances Act 1940 can typically result in civil or criminal penalties. These can include fines or imprisonment, depending on the severity and nature of the breach. It is crucial for both the government and the Australian Mariners to adhere to these regulations to avoid any legal repercussions.