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MAINTENANCE ORDERS (COMMONWEALTH OFFICERS) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 172
STATUTORY RULES 2004 No. 172
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
MAINTENANCE ORDERS (COMMONWEALTH OFFICERS) ACT 1966
MAINTENANCE ORDERS (COMMONWEALTH OFFICERS) AMENDMENT REGULATIONS 2004 (No. 1)
Section 8 of the Maintenance Orders (Commonwealth Officers) Act 1966 (the Act) provides in part that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the proposed Regulations is to update the Maintenance Orders (Commonwealth Officers) Regulations (the Principal Regulations) to reflect changes to the payment of certain veterans' benefits introduced by the Military Rehabilitation and Compensation Act 2004. The proposed Regulations would add reference to entitlements under the Military Rehabilitation and Compensation Act 2004 as a type of entitlement that is excluded from the operation of the maintenance orders scheme for Commonwealth officers.
Regulation 5 of the Principal Regulations currently excludes entitlements under the Veteran's Entitlements Act 1986 from the operation of the Commonwealth officer maintenance orders scheme.
As the Military Rehabilitation and Compensation Act 2004 contains elements of the entitlements that were previously available under the Veteran's Entitlements Act 1986 it is necessary to include reference to it in subregulation 5(2).
The proposed Regulations would update subregulation 5(2) by adding a reference to the Military Rehabilitation and Compensation Act 2004.
Details of the Regulations are as follows:
Regulation 1 provides that the name of the proposed Regulations is the Maintenance Orders (Commonwealth Officers) Amendment Regulations 2004 (No. 1).
Regulation 2 provides for the proposed Regulations to commence on 1 July 2004.
Regulation 3 provides that schedule 1 amends the Maintenance Orders (Commonwealth Officers) Regulations.
Item 1 provides that the name of the Principal Regulations is to include the year the Principal Regulations were made in line with common drafting practice.
Item 2 inserts the word `and' at the end of regulation 5.
Item 3 amends regulation 5 to add reference to moneys payable under the Military Rehabilitation and Compensation Act 2004.