War Graves Regulations
Statutory Rules 1982 No. 142 as amended
made under the
War Graves Act 1980
This compilation was prepared on 26 May 2004
taking into account amendments up to SR 1983 No. 162
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Commencement
3 Allowances of Director
Notes
1 Citation [see Note 1]
These Regulations may be cited as the War Graves Regulations.
2 Commencement
Regulation 3 shall be deemed to have come into operation on 22 June 1981.
3 Allowances of Director
For the purposes of subsection 6 (2) of the War Graves Act 1980, the following allowances are prescribed, namely, the allowances payable to an officer included in the Third Division of the Australian Public Service.
Notes to the War Graves Regulations
Note 1
The War Graves Regulations (in force under the War Graves Act 1980) as shown in this compilation comprise Statutory Rules 1982 No. 142 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1982 No. 142 | 25 June 1982 | R. 3: 22 June 1981
Remainder: 25 June 1982 | |
1983 No. 162 | 15 Sept 1983 | 15 Sept 1983 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | am. 1983 No. 162 |
Overview
The War Graves Regulations, which were established under the War Graves Act 1980, provide the framework for the administration and management of war graves in Australia. Enacted by the Parliament of Australia, these regulations were introduced to address the need for a formalised system to honour and maintain the graves of individuals who have served in the Australian Defence Force. The regulations aim to ensure that the graves of war dead are properly cared for and commemorated, reflecting the nation's respect and gratitude to those who have made the ultimate sacrifice. This legislative instrument was prepared by the Office of Legislative Drafting, Attorney-General’s Department, and this compilation, effective from 26 May 2004, incorporates amendments up to Statutory Rules 1983 No. 162.
Scope and Application
The War Graves Regulations, established under the War Graves Act 1980, govern the allowances provided to the Director of War Graves, who is an officer in the Third Division of the Australian Public Service. These Regulations, which were first enacted in 1982 and have since been amended, specify the allowances payable to the Director and are intended to ensure appropriate recognition and compensation for their role in managing and maintaining war graves. The Regulations came into operation in stages, with certain provisions starting on 22 June 1981 and the remainder on 25 June 1982. Subsequent amendments, such as those in 1983, have further refined the allowances and conditions applicable to the Director. The scope of these Regulations is limited to the financial compensation of the Director and does not extend to other war grave-related activities or personnel beyond the Director’s role.
Key Provisions
The War Graves Regulations (SR 1982 No. 142), made under the War Graves Act 1980, establish specific allowances for the Director of War Graves. Regulation 3 (Regulation 3), which was deemed to have come into operation on 22 June 1981, prescribes the allowances payable to an officer included in the Third Division of the Australian Public Service. This regulation is crucial as it provides the financial framework for the Director’s remuneration, ensuring it aligns with the appropriate division within the public service.
The obligations imposed by these regulations are primarily administrative and financial. They require the proper calculation and disbursement of allowances for the Director, as stipulated in Regulation 3 (Regulation 3). This entails ensuring that the Director’s compensation is consistent with the standards set for officers in the Third Division of the Australian Public Service. Compliance with these allowances is critical to maintain the integrity of the Director’s role and the administration of war graves.
There are no specific offences, penalties, or civil/criminal consequences outlined within the War Graves Regulations themselves. However, breaches of the War Graves Act 1980, under which these regulations are made, could lead to penalties as prescribed by the Act. These may include fines or other sanctions as determined by the relevant courts. The exact penalties would depend on the nature and severity of the breach in accordance with the broader legislative framework established by the War Graves Act.