{"id":"F1997B02227","name":"War Graves Regulations","slug":"war-graves-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"142 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29513,"registerId":"commonwealth-F1997B02227-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"War Graves Regulations","content":"![](image.001.png)\n\nWar Graves Regulations\n\nStatutory Rules 1982 No. 142 as amended\n\nmade under the\n\nWar Graves Act 1980\n\nThis compilation was prepared on 26 May 2004 \ntaking into account amendments up to SR 1983 No. 162\n\nPrepared by the Office of Legislative Drafting, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Citation \\[see Note 1\\]\n\n2 Commencement\n\n3 Allowances of Director\n\nNotes\n\n1 Citation \\[see Note 1\\]\n\nThese Regulations may be cited as the War Graves Regulations.\n\n2 Commencement\n\nRegulation 3 shall be deemed to have come into operation on 22 June 1981.\n\n3 Allowances of Director\n\nFor 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.\n\n> Notes to the War Graves Regulations\n\n> Note 1\n\n> Note: 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.\n\n> Note: > Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ----------------------------------------- | --------------------------------------------- |\n| 1982 No. 142 | 25 June 1982 | R. 3: 22 June 1981Remainder: 25 June 1982 | |\n| 1983 No. 162 | 15 Sept 1983 | 15 Sept 1983 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 3.................

am. 1983 No. 162

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument is an implementing, administrative regulation that prescribes the Director’s allowances by reference to an existing APS classification. It does not broaden the statutory functions or powers established by the War Graves Act; it merely fixes a remuneration linkage. Therefore it has not grown beyond its original implementation purpose. The amendment history shows updates to the same provision rather than expansion of subject matter."},"complexity_factors":["One substantive provision (Regulation 3)","Direct cross-reference to subsection 6(2) of the War Graves Act 1980","Cross-reference to an external classification: ‘Third Division of the Australian Public Service’ (requires consultation of APS instruments for detail)","Commencement detail: Reg 3 deemed operative 22 June 1981; remainder commenced 25 June 1982","Amendment history (SR 1983 No. 162) affects Reg 3 but does not add substantive complexity within the text itself","No defined terms or nested exceptions inside the regulation; reliance on external instruments increases interpretive dependency"],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- The Regulations contain one operative rule: they set the Director’s allowances by reference to the allowances payable to an officer included in the Third Division of the Australian Public Service. In other words, the Director under the War Graves Act receives the same allowances as an APS Third Division officer. (Reg 3)\n- The regulation is made under the War Graves Act 1980 and explicitly operates for the purposes of subsection 6(2) of that Act. (Reg 3)\n- The provision was treated as having come into operation on 22 June 1981, with the remainder of the instrument commencing on 25 June 1982 (see Commencement notes).\n\n**Who is affected**\n\n- The primary individual affected is the Director appointed under the War Graves Act: their non-salary allowances are fixed by reference to the APS Third Division scale. (Reg 3)\n- The Commonwealth (the relevant department/employer) is financially affected because it pays those allowances from public funds.\n- Departments that administer APS pay and the Office of Personnel/Finance are indirectly involved because the reference ties the Director’s allowances to existing APS allowance arrangements.\n\n**Why it matters (purpose claimed and practical effect)**\n\n- Officially this regulation implements subsection 6(2) of the War Graves Act by prescribing the Director’s allowances. The effect is to avoid creating a bespoke allowance scale and instead align the Director to an existing APS classification (Third Division). (Reg 3)\n\n- Practical consequences:\n - Budgetary: the Commonwealth funds the allowances at whatever level the APS Third Division allowances are set at — an ongoing payroll cost to government.\n - Recruitment/retention: tying the Director’s allowances to an APS scale makes the post comparable to other APS Third Division roles when assessing total remuneration, which influences who applies for or remains in the role.\n - Administrative simplicity: using an existing APS scale reduces the need for a separate bespoke determination in the instrument itself, but creates a dependency on APS allowance arrangements maintained elsewhere.\n\n**Testing the purpose-claim against costs, incentives and risks**\n\n- Costs and who pays: the cost of the allowances is borne by the Commonwealth through the department employing the Director (Reg 3). There is no separate funding mechanism in the Regulations.\n- Incentives and behaviour: by adopting an existing APS allowance band, the measure reduces the need to negotiate special allowances for the Director; it makes the role’s non-salary benefits predictable and comparable with other public service posts (Reg 3).\n- Trade-offs and opportunity cost: the Government forgoes the flexibility to set a distinctive allowance package tailored to the Director’s duties; instead it accepts whatever changes occur to APS Third Division allowances over time.\n- Implementation risk and administrative discretion: the regulation relies on external classification and allowance determinations (the APS Third Division). If the APS classification system changes or is restructured, the practical meaning of “Third Division” or the actual allowance quantum may change — the instrument does not itself set dollar amounts, so ongoing clarity depends on correct linkage to APS determinations. (Reg 3)\n- Compliance burden: minimal. There is no new reporting or regulatory duty on third parties; the administrative burden falls on payroll and HR to apply the referenced APS allowances.\n- Effects on private enterprise and competition: negligible — the instrument governs a single public officeholder’s allowances and does not regulate private entities.\n\n**Implementation detail to note**\n\n- The regulation does not list specific dollar amounts or separate allowances; it creates a cross-reference to the APS Third Division. Any adjustment to the Director’s allowance therefore follows adjustments to that APS band unless and until the regulation is changed. (Reg 3)\n\n(References: Regulation 3; Commencement clauses.)"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose of prescribing allowances for the Director. The 1983 amendment simply updated the reference to public service classifications, maintaining the same narrow administrative function."},"complexity_factors":["Only 3 regulations total","No defined terms section","Single operative provision (Regulation 3) consisting of one sentence","No cross-references except to the parent Act (War Graves Act 1980)","No conditional logic, exceptions, or procedural requirements","Total length under 500 words"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the allowances (extra payments for expenses) that the Director of War Graves can claim. Specifically, Regulation 3 says the Director gets the same allowances as a \"Third Division\" Australian Public Service officer.\n\n**Who it affects:**\n\n- The Director of War Graves (the person in charge of maintaining war graves and memorials)\n- Anyone interested in how public money is spent on war graves administration\n\n**Why it matters:**\n\nThis is a very narrow, technical piece of law. It doesn't create new powers or duties — it just links the Director's expense entitlements to existing public service pay scales. This ensures the Director is treated consistently with other senior public servants and avoids having to set custom rates.\n\n**Key point:**\n- The regulations were made under the *War Graves Act 1980* and took effect retrospectively from 22 June 1981 (even though made in 1982)\n- They were amended once in 1983 to update the allowance reference"}},"importantCases":[],"_links":{"self":"/api/acts/war-graves-regulations","history":"/api/acts/war-graves-regulations/history","analysis":"/api/acts/war-graves-regulations/analysis","conflicts":"/api/acts/war-graves-regulations/conflicts","importantCases":"/api/acts/war-graves-regulations/important-cases","documents":"/api/acts/war-graves-regulations/documents"}}