Statutory Rules
1979 No. 227
REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 19401
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 this twenty-fifth day of October 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
EVAN ADERMANN
Minister of State for Veterans’ Affairs
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AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS2
Funeral expenses
1. Regulation 38 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “One hundred dollars” and substituting “$300”.
Clothing allowance
2. Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting the table from sub-regulation (1) and substituting the following table:
Column 1 | Column 2 |
Description of disability | Rate per fortnight |
| $ |
One leg and one arm amputated.............. | 3.00 |
One leg or one arm amputated ............... | 1.50 |
Both legs or both arms amputated............. | 2.00 |
One leg amputated (causing essential hip disarticulation) | 2.00 |
(b) by omitting from sub-regulation (2) “Two dollars ten cents” (wherever occurring) and substituting “ $3”; and
(c) by omitting from sub-regulation (4) “Twenty-eight dollars sixty cents” and substituting “$39”.
Commencement and application
3. (1) The amendment made by regulation 1 shall come into operation on 1 November 1979.
(2) The amendment made by regulation 2 applies to any instalment of allowance that falls due on the first allowance pay day occurring after 31 October 1979 and to all subsequent instalments.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 31 October 1979.
2. Statutory Rules 1961 No. 105 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 54 and see also Statutory Rules 1979 Nos. 54 and 117.
Overview
The Statutory Rules 1979 No. 227, enacted under the Seamen’s War Pensions and Allowances Act 1940, aims to update the financial provisions for war pensions and allowances for seamen. These regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective is to adjust the compensation rates for funeral expenses and clothing allowances to reflect the current economic conditions and the cost of living. Specifically, the amendments increase the maximum amount payable for funeral expenses from one hundred dollars to three hundred dollars and revise the rates for clothing allowances based on the degree of disability. These amendments were designed to ensure that the financial support provided to disabled seamen remains adequate and reflective of current standards.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations 1979, made under the Seamen’s War Pensions and Allowances Act 1940, apply to individuals who are eligible for war pensions and allowances as seamen, specifically those who have been incapacitated or killed in the course of their service. The regulations are applicable nationally within the Commonwealth of Australia and govern the provision of financial support to affected individuals and their families. This includes adjustments to allowances such as funeral expenses and clothing allowances for those with disabilities resulting from their service. The regulations were amended to update the financial rates to reflect current economic conditions, ensuring that the support provided remains relevant and sufficient. The amendments to funeral expenses and clothing allowances, effective from November 1979, illustrate the adjustments made to better cater to the needs of the beneficiaries. These amendments are not only confined to the primary regulations but are also extended through subordinate instruments which further detail and enforce the provisions of the Act.
Key Provisions
The main operative sections of these Regulations involve specific amendments to the Seamen’s War Pensions and Allowances Regulations under the Seamen’s War Pensions and Allowances Act 1940. Regulation 1 modifies the amount for funeral expenses payable under the Act, raising it from one hundred dollars to $300. Regulation 2 revises the clothing allowance rates for different levels of disability, altering the rates for various amputation scenarios and adjusting the maximum allowance amount. These amendments are designed to reflect updated financial circumstances and ensure that the provisions of the Act remain relevant and fair.
The Regulations impose certain obligations and requirements on the parties involved. For instance, the new funeral expenses rate of $300, as specified in Regulation 1, must be adhered to by the authorities responsible for the disbursement of such payments. Similarly, the updated clothing allowance rates listed in Regulation 2 must be applied to all eligible recipients starting from the first allowance pay day after 31 October 1979. This ensures consistency and fairness in the administration of benefits under the Act.
Failure to comply with these Regulations could result in legal consequences. Although specific offences and penalties are not detailed within the Regulations themselves, breaches of the Seamen’s War Pensions and Allowances Act 1940 or its subsidiary legislation could potentially lead to civil or criminal liabilities. The severity of these consequences would depend on the nature and extent of the breach, but they could include fines, imprisonment, or other legal actions as prescribed by the Act or relevant laws. It is essential for all parties involved to adhere strictly to the amended provisions to avoid any legal repercussions.