STATUTORY RULES.
1963. No. 120.
REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1961.*
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 1940-1961.
Dated this seventh day of November, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
Amendments 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 “Six pounds five shillings” and inserting in their stead the words “Seven pounds”.
2. After regulation 42 of the Seamen’s War Pensions and Allowances Regulations the following regulation is inserted:—
Delegation of powers by Commission.
“42a.—(1.) The Commission may, either generally or otherwise as provided in the instrument of delegation, by writing under its seal, delegate to a person all or any of its powers and functions under these Regulations (except this power of delegation).
“(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
“(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Commission.”.
Application.
3. The amendment made by regulation 1 of these Regulations applies in relation to an instalment of an allowance that fell due on the twenty-sixth day of September, 1963, and to all subsequent instalments.
* Notified in the Commonwealth Gazette on 14th November, 1963.
† Statutory Rules 1961, No. 105, as amended by Statutory Rules 1961, No. 145.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
9004/63.—Price 3d. 10/11.10.1963.
Overview
The Statutory Rules of 1963, No. 120, titled "Regulations under the Seamen’s War Pensions and Allowances Act 1940-1961", was enacted by the Governor-General in Council under the authority of the Commonwealth of Australia. This legislative instrument addresses the need to adjust and update the financial provisions for allowances to certain widows under the Seamen’s War Pensions and Allowances Act 1940-1961. The Act itself was designed to provide pensions and allowances to seamen who were incapacitated or otherwise affected due to their service in war. The policy objective of these regulations is to ensure that the financial support provided to the beneficiaries of the Act is kept up-to-date with the economic conditions of the time. The regulations specify amendments to the allowance amounts and introduce provisions for delegation of powers to ensure efficient administration of the Act.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations, amended by Statutory Rules 1963 No. 120, apply to the administration of pensions and allowances for seamen under the Seamen’s War Pensions and Allowances Act 1940-1961. These regulations primarily target individuals who are or were employed as seamen in service to the Commonwealth during war-related activities and their dependents, particularly widows. The amendments specified in these regulations adjust financial allowances for widows and provide the Commission with the authority to delegate its regulatory powers to other individuals, thereby facilitating more flexible administration of the allowances. The changes are effective from the twenty-sixth day of September, 1963, impacting all subsequent instalments of the allowances. These regulations do not specify any exclusions or thresholds, and their application is confined to the Commonwealth of Australia, operating within the jurisdictional purview of federal legislation.
Key Provisions
The Seamen’s War Pensions and Allowances Regulations 1963, made under the Seamen’s War Pensions and Allowances Act 1940-1961, introduce several key amendments to the existing regulations. Firstly, regulation 37 is amended to increase the allowance for certain widows from six pounds five shillings to seven pounds (reg. 1). This change applies to an instalment of an allowance that fell due on 26 September 1963 and to all subsequent instalments (reg. 3). Secondly, a new regulation, 42a, is inserted to allow the Commission to delegate its powers and functions to a person through a written instrument under its seal (reg. 2). This delegation can be general or specified in the delegation instrument, and the delegate can exercise the powers or perform the functions in accordance with the instrument of delegation. Importantly, this delegation is revocable at will by the Commission and does not prevent the Commission from exercising its powers or performing its functions directly.
The obligations imposed by these regulations primarily concern the Commission's responsibilities regarding the adjustment of allowances and the delegation of its powers. The Commission must ensure that the amended allowance of seven pounds is correctly applied to the specified instalments and all subsequent ones. Additionally, when delegating its powers under regulation 42a, the Commission must ensure that the delegation is properly documented and that the delegate understands and complies with the terms of the delegation instrument. The Commission also retains the flexibility to revoke any delegation at any time.
Breaches of these regulations may not explicitly detail specific offences, penalties, or civil/criminal consequences within the text provided. However, under the Seamen’s War Pensions and Allowances Act 1940-1961, failure to comply with regulations made under the Act could potentially lead to legal action, including civil penalties for incorrect payments or administrative fines. The specific penalties would depend on the interpretation and enforcement actions taken under the overarching Act, and any such breaches could result in the Commission or delegate facing legal scrutiny or corrective measures to rectify any non-compliance.