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.
Overview
The War Service Estates Regulations (Amendment) Statutory Rule 1989 was enacted to correct certain outdated or inaccurate references within the War Service Estates Regulations, which are made under the War Service Estates Act 1942. The primary purpose of this amendment was to modernise the regulatory framework by replacing obsolete references and rectifying inaccuracies that arose due to changes in other legislative instruments, such as the Veterans’ Entitlements Act 1986 and the Defence Legislation Amendment Act 1987. The Minister for Defence Science and Personnel issued this Statutory Rule to ensure the continued efficacy and relevance of the Regulations in administering war service estates, which include the personal effects and unpaid remuneration of deceased Defence Force members on war service. This amendment addresses the problem of maintaining legislative coherence and accuracy in the context of evolving legal and administrative landscapes.
Scope and Application
The War Service Estates Regulations (Amendment) Statutory Rule 1989 amends the War Service Estates Regulations made under the War Service Estates Act 1942, which govern the administration of war service estates, including personal effects and unpaid remuneration of Defence Force members who die on war service. This amendment primarily serves to correct certain outdated or inaccurate references within the existing regulations to ensure they remain relevant and functional within the current legislative framework. Regulation 1 updates the definition of the Repatriation Commission to reflect changes brought about by the Veterans’ Entitlements Act 1986, which superseded the Repatriation Act 1920. Regulation 2 replaces the old regulation 14, which dealt with the payment of war service estate proceeds into the now-abolished Service Canteens Trust Fund. The new regulation 14 now correctly references section 11 of the War Service Estates Act, which addresses the disposal of war service estates when no person is beneficially entitled. These changes ensure that the administration of war service estates continues smoothly and in accordance with current laws. The Statutory Rule applies to all entities and persons involved in the administration of war service estates and is enacted under the authority of the Commonwealth of Australia.
Key Provisions
The War Service Estates Regulations (Amendment) Statutory Rules 1989 (No. 216) address specific amendments to the War Service Estates Regulations made under the War Service Estates Act 1942. Regulation 1 amends the definition of the Repatriation Commission in regulation 3, reflecting legislative changes brought about by the Veterans’ Entitlements Act 1986. This change replaces the outdated reference to the Repatriation Act 1920, ensuring that the terminology aligns with current legal frameworks. Regulation 2 substitutes the existing regulation 14 with a new one, correcting inaccuracies and addressing the obsolescence of the Service Canteens Trust Fund, which was abolished by the Defence Legislation Amendment Act 1987. The new regulation 14 appropriately references section 11 of the War Service Estates Act 1942, which pertains to the situation where no person is beneficially entitled to a war service estate, rather than the incorrect reference to section 7.
These regulations impose specific obligations on the entities involved in the administration of war service estates. They require the relevant authorities to update their practices to align with the statutory changes, particularly in how they define the Repatriation Commission and manage the disposition of war service estates where there is no person beneficially entitled. The amendments necessitate a review and rectification of existing procedures to ensure compliance with the updated legal requirements. Additionally, the new regulation 14 sets out clear instructions for the management of war service estates in the absence of a beneficially entitled person, ensuring that these estates are handled in accordance with the current legislative provisions.
The Statutory Rules 1989 (No. 216) do not explicitly detail offences, penalties, or consequences for non-compliance within the text provided. However, non-compliance with regulations made under the War Service Estates Act 1942 could potentially lead to legal challenges or administrative actions. The seriousness of the breach, along with its impact on the rightful beneficiaries of war service estates, could result in significant legal repercussions. While the specific penalties are not outlined in the provided text, breaches of statutory requirements in similar contexts typically result in fines, corrective actions, or other administrative penalties as deemed appropriate by the relevant authorities.