Commonwealth Numbered Regulations - Explanatory Statements

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SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS (AMENDMENT) 1992 NO.74

Statutory Rules 1992 No. 74

Issued by the authority of the Minister for Veterans' Affairs

Seamen's War Pensions and Allowances Act 1940

Seamen's War Pensions and Allowances Regulations (Amendment)

The Governor-General may make regulations under section 59 of the Seamen's War Pensions and Allowances Act 1940 (the Act), for the purposes of the Act.

The amending Regulations provide for the repeal of subregulation 19(1)(a) and regulations 38A and 40.

Details of the amending Regulations are set out below.

Regulation 1 Amendment

The Seamen's War Pensions and Allowances Regulations are amended as set out in these Regulations.

Regulation 2 Regulation 19 (Manner of making applications)

Paragraph 19(1)(a) of the Seamen's War Pensions and Allowances Regulations specified the manner in which an application for clothing allowance is to be made. As section 25 of the Veterans' Affairs Legislation Amendment Act 1990 has inserted the manner of making application for clothing allowance into section 19 of the Seamen's War Pensions and Allowances Act 1940, paragraph 19(1)(a) is no longer required. The amending Regulation repealed paragraph 19(1)(a).

Regulation 3 Regulation 38A (Clothing allowance)

Regulation 38A of the Seamen's War Pensions and Allowances Regulations provides for the granting of clothing allowance to Australian mariners with specified disabilities. As section 25 of the Veterans, Affairs Legislation Amendment Act 1990 inserted provision for clothing allowance into section 19 of the Seamen's War Pensions and Allowances Act 1940, regulation 38A has been repealed.

Regulation 4 - Regulation 40 (Recovery of overpayments Prescribed educational schemes)

Regulation 40 of the Seamen's War Pensions and Allowances Regulations defined "prescribed educational scheme" for the purposes of the Act.

This definition was inserted directly into section 55A of the Seamen's War Pensions and Allowances Act 1940 by section 91 of the Veterans' Affairs Legislation Amendment Act 1990. Regulation 40 has therefore been repealed.