STATUTORY RULES
1968 No.
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REGULATIONS UNDER THE STATES GRANTS (DESERTED WIVES) ACT 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 States Grants (Deserted Wives) Act 1968.
Dated this twenty-first day of June 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Attorney-General for and on behalf of the Minister of State for Social Services.
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States Grants (Deserted Wives) Regulations
Citation.
1. These Regulations may be cited as the States Grants (Deserted Wives) Regulations.
Persons in relation to whom Act applies.
2. For the purposes of paragraph (c) of the definition of “person in relation to whom this Act applies” in section 3 of the States Grants (Deserted Wives) Act 1968, each of the following classes of women is a prescribed class of women:—
(a) unmarried women each of whom is living with the child, or with one or more of the children, of whom she has the custody, care and control and is the mother, but is not living with a man as his wife on a bona fide domestic basis:
(b) married women (other than women who fall within paragraph (a) or (b) of that definition) each of whom is living with the child, or with one or more of the children, of whom she has the custody, care and control and is the mother, but is not living with her husband or with any other man as his wife on a bona fide domestic basis.
* Notified in the Commonwealth Gazette on 1968.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
18273/68—Price 5c 10/19.6.68
Overview
The States Grants (Deserted Wives) Regulations 1968 were enacted by the Governor-General in Council under the authority granted by the States Grants (Deserted Wives) Act 1968. This legislative instrument was designed to address the problem of financial insecurity faced by deserted wives who were left to care for their children without the support of their husbands. The policy objective of these regulations was to ensure that these women could receive financial assistance from the Commonwealth to support themselves and their children. The regulations define the specific classes of women who are eligible for support under the Act, including unmarried women and married women who are not living with their husbands or any other man on a bona fide domestic basis.
These regulations were enacted by the Australian Parliament and serve to implement the provisions of the States Grants (Deserted Wives) Act 1968, which aimed to provide financial assistance to deserted wives and their children. The regulations provide further detail on the eligibility criteria for support and the classes of women who are covered by the Act. The objective of these regulations is to ensure that deserted wives who are in need of financial assistance can receive support from the Commonwealth to help them and their children during a difficult time.
Scope and Application
The States Grants (Deserted Wives) Regulations 1968 applies to specific classes of women who are in need of financial assistance due to being deserted by their husbands. The Act pertains to unmarried women who are living with their children and have custody, care, and control of them, as well as married women in similar circumstances who are not living with their husbands or any other man on a bona fide domestic basis. The geographic reach of these regulations is nationwide, as they are formulated under the Commonwealth of Australia, ensuring a uniform approach to the provision of grants across all states and territories. These regulations do not include women who are living with their husbands or any other man on a bona fide domestic basis, thereby excluding those who are not genuinely deserted. The application of the Act can be further refined or extended through subordinate instruments, allowing for adjustments based on changing circumstances or needs.
Key Provisions
The States Grants (Deserted Wives) Regulations 1968 (hereinafter referred to as the "Regulations") provide further clarification and detail regarding the application of the States Grants (Deserted Wives) Act 1968 (the "Act"). Section 2 of the Regulations specifies the classes of women for whom the Act applies, which are essentially those who are unmarried and living with their children, or married women who are living with their children but not with their husbands or any other man on a bona fide domestic basis (section 2(a) and (b)). These Regulations are critical as they ensure that the Act’s provisions are properly implemented by defining the eligible recipients.
The Regulations impose several obligations and requirements on the parties involved. Firstly, to qualify for the grants under the Act, women must meet the specific criteria outlined in section 2 of the Regulations. This includes proving that they are living with their children and not with any man as his wife on a bona fide domestic basis, which necessitates documentation and verification of their living arrangements and relationship status (section 2). Additionally, state governments are required to implement the provisions of the Act and Regulations by providing the necessary financial assistance to eligible women, ensuring they receive the support intended by the legislation.
Failure to comply with the provisions of the Act and Regulations may result in civil or criminal consequences. Although the specific penalties are not detailed within the Regulations, breaches of similar legislative instruments typically result in fines or other legal actions. For instance, state governments failing to provide the mandated grants could face legal challenges or financial penalties, while individuals providing false information to qualify for the grants might face civil penalties or be subject to criminal prosecution for fraud. The exact penalties would be determined in the context of the breach and applicable laws at the time.