EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 216
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
SCIENCE AND PERSONNEL
WAR SERVICE ESTATES REGULATIONS (AMENDMENT)
The War Service Estates Regulations (“the Regulations”) made under the War Service Estates Act 1942 prescribe various matters relating to the administration of war service estates. (If a member of the Defence Force dies on war service, the member’s war service estate comprises his or her personal effects and the unpaid remuneration due to the member.)
The Statutory Rule makes drafting amendments which correct certain redundant or inaccurate references in the Regulations.
Regulation 1 of the Statutory Rule amends the definition of the Repatriation Commission in regulation 3, as a consequence of the enactment of the Veterans’ Entitlements Act 1986 (which has replaced the Repatriation Act 1920). The amendment replaces the obsolete reference to the Repatriation Act.
Regulation 2 of the Statutory Rule substitutes a new regulation 14.
Regulation 14 provided for the payment of the proceeds of war service estates into the Service Canteens Trust Fund where there was no persons beneficially entitled to the estate. That Fund was abolished by the Defence Legislation Amendment Act 1987.
Regulation 14 also inaccurately referred to section 7 of the Act which deals with the general method of disposal of war service estates. The provision should refer to section 11 of the Act which deals with the situation where no person is beneficially entitled to a war service estate.
New regulation 14 makes the necessary changes to the references to the funds and the provision in the Act.
The Statutory Rule comes into operation on the date of gazettal.