Australian Soldiers' Repatriation Fund Regulations 1916 (Cth)

STATUTORY RULES.

1916. No. 142.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION FUND ACT 1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and on the recommendation of the Trustees, hereby make the following Regulations under the Australian Soldiers’ Repatriation Fund Act 1916 to come into operation forthwith.

Dated this seventeenth day of July, One thousand nine hundred and sixteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Acting Prime Minister.

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Australian Soldiers’ Repatriation Fund Regulations 1916.

Short title.

1. These Regulations may be cited as the Australian Soldiers’ Repatriation Fund Regulations 1916.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Approved Bank” means a Bank approved by a State War Council as a Bank into which contributions may be paid to the credit of the Fund.

“Authorized Collector” means a person or persons authorized by a State War Council to receive subscriptions to the Fund.

“The Executive” means the Executive Committee of the Trustees.

Contributions—how made and acknowledged.

3. Contributions to the Fund may be made to a State War Council or to any authorized collector or may be paid by the contributor to the credit of the Fund at any Bank approved by the State War Council.

Contributions—how dealt with.

4. (1) Each State War Council and each authorized collector shall pay to the credit of the Fund at an approved Bank daily, or at such other regular intervals as the Trustees direct, all contributions received by them other than contributions in the form of securities not transferable by delivery and contributions in kind.

(2) Each State War Council and each authorized collector shall lodge at an approved Bank in such manner as the Trustees direct all contributions in the form of securities not transferable by delivery.

(3) Contributions in kind received by a State War Council or an authorized collector shall subject to the provisions of this regulation, be dealt with in such manner as the Council directs.

(4) Where the contribution in kind received by an authorized collector consists of live stock the authorized collector shall cause the stock to be recorded and branded in accordance with the directions of

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the State War Council, and shall, if the contributor is willing to retain possession of them until the Council is in a position to dispose of them, allow the stock to remain in the possession of the contributor until that time.

(5) If the contributor is not willing so to retain possession of the live stock, the authorized collector shall—

(a) cause the live stock to be sold by public auction and pay the proceeds of the sale to the credit of the Fund at an approved Bank; or

(b) otherwise deal with the live stock as directed by the State War Council.

(6) Where the contribution in kind received by an authorized collector consists of goods of a perishable nature, the authorized collector shall cause the goods to be sold by public auction and shall pay the proceeds to the credit of the Fund at an approved Bank.

(7) Where the contribution in kind consists of plant or machinery or any other article which in the opinion of the State War Council it is desirable to retain, the authorized collector shall record and deal with the articles in such manner as the State War Council directs.

Returns by authorized collectors and State War Councils

5.—(1) Each authorized collector in a State shall furnish to the State War Council of that State weekly a return in duplicate in accordance with a form approved by the Trustees showing—

(a) all contributions in the form of securities not transferable by delivery;

(b) all contributions in kind; and

(c) all other contributions,

and the manner in which each contribution has been disposed of or dealt with.

(2) One copy of the return shall be retained by the State War Council, and the other copy, to which shall be attached a copy of each acknowledgment through the press or of each official receipt issued by the Collector shall be forwarded by the State War Council to the Trustees.

(3) Each State War Council shall forward to the Trustees weekly a return of all contributions received by it directly from contributors accompanied by acknowledgments through the press, or copies of the official receipts issued by the State War Council to the contributors.

Returns by Banks.

6.—(1) The Head Office, in each State of each approved Bank shall furnish to the State War Council of that State weekly a return in duplicate in accordance with a form approved by the Trustees showing—

(a) particulars of all sums paid in to each branch of the Bank in that State to the credit of the Fund;

(b) particulars of all contributions in the form of securities not transferable by delivery lodged with each branch of the Bank.

(2) One copy of the return shall be retained by the State War Council and the other copy shall be forwarded by it to the Trustees.

Value of contributions to be notified by State War Council.

7. The State War Council shall, when forwarding any return to the Trustees in pursuance of either of the last two preceding regulations, either incorporate in or forward with the return particulars of the value of each contribution.

Repatriation Committee.

8.—(1) For the purpose of organizing and soliciting contributions to the Fund, receiving and determining applications for assistance from the Fund, and the general administration of the Fund within a State each State War Council shall appoint a Special Committee one of whom shall be a qualified accountant who need not necessarily be a member of the State War Council.

(2) The Committee shall meet at least twice in each month for the transaction of business.

State War Council to indicate requirements.

9. Before the close of each month each State War Council shall apprise the Trustees of the probable sum required to meet applications for assistance from the Fund during the ensuing month.

Matters in respect of which assistance may be given.

10. The following shall be the classes of matters in respect of which applications by or on behalf of Australian Soldiers and their dependants will be considered:—

(a) General assistance and sustenance;

(b) Farming plant;

(c) Plants and seed;

(d) Live-stock;

(e) Tools of trade;

(f) Small businesses;

(g) Business or industrial undertakings of a kind to give employment to a collective body of soldiers; and

(h) Any other class of matter approved by the Trustees.

Applications for assistance.

11.—(1) Applications for assistance shall be made to a State War Council or the Special Committee thereof in writing on a form approved by the Trustees and shall set out the nature and extent of the assistance which the soldier or his dependants requires or require and the manner in which it is proposed to expend any sum which may be granted to him or them.

(2) Applications shall be dealt with as far as possible in the order in which they are received by the State War Council.

(3) The State War Council or the Special Committee thereof shall investigate each application, and shall take into consideration the degree of assistance (if any) already received by the applicant from other sources, whether public or private. Before any money is advanced the State War Council or the Special Committee thereof shall be satisfied that the purpose of any loan or gift is likely to be achieved having regard to the character and previous experience of the applicant and shall determine, subject to any limitations and principles laid down by the Trustees, the nature and extent of any assistance given.

(4) The State War Council or the Committee thereof, as the case may be, shall regard as ineligible any applicant who—

(a) is deemed by it to have adequate means or to be adequately provided for under any scheme promoted by any Governmental or private agency; or

(b) has not received an honorable discharge from the Naval or Military Forces;

but may, if it thinks fit, recommend the application of any such applicant for the favorable consideration of the Trustees.

(5) The Trustees may thereupon investigate the application and determine whether any and if so what assistance shall be given to the applicant

(6) A State War Council or the Special Committee thereof shall not in any case without the approval of the Executive advance or allot to any one applicant for any of the purposes specified in Regulation 10

money to a greater amount or property of a greater value than the maximum amount or value from time to time determined by resolution of the Executive, and communicated by it to the State War Council.

(7) In any case where the State War Council or the Special Committee thereof refuses an application for assistance it shall furnish to the Trustees a statement setting out—

(a) the name and address of the applicant;

(b) the nature and extent of the assistance applied for; and

(c) the reasons for refusal of the assistance.

Soldiers discharged in one State applying for assistance in another.

12. Where a soldier applies for assistance and produces a discharge from another State, the State War Council of the State to which the application is made shall inform the State War Council of the State in which the soldier was discharged with a view to ascertain if he has already received assistance from the Fund.

Power to State War Councils to expend moneys.

13. Subject to these Regulations, the State War Council or the Special Committee thereof may expend or dispose of, for any of the classes of matters specified in Regulation 10 any money or property allocated to it by the Trustees.

Returns to be furnished to Trustees.

14.—(i) Each state War Council or the Special Committee thereof shall furnish to the Trustees immediately after the close of each month, or at such other periods as the Trustees determine, a statement setting forth—

(a) the amount of any moneys advanced by it during the month;

(b) the nature and value of any property allotted by it during the month;

(c) the names and addresses of the persons to whom the moneys were advanced or the property was allotted; and

(d) the purpose for and terms upon which the moneys were advanced or the property was allotted.

(2) The Statement shall be accompanied by the legal documents executed for the security of moneys advanced and property allotted.

Form of assistance.

15.—(1) Except as hereinafter provided all assistance given to a soldier or his dependants shall be by way of loan which, for the original period of the loan, shall not bear interest.

(2) A State War Council shall require a person to whom a loan is granted to execute such legal documents as the Trustees require to secure repayment.

(3) In fixing the terms of repayment the State War Council shall have regard to the purpose for which the loan is desired.

(4) In cases where the recipient has been unable to repay the whole or part of the loan within the period fixed by the State War Council or the Special Committee thereof but satisfies the State War Council or the Special Committee thereof that he has made proper use of the assistance given the State War Council or the Committee thereof may consider an application for renewal of the loan for such period and at such rate of interest and on such other conditions as they may deem reasonable.

(5) Where property is allotted to any person the value of such property shall be regarded as a debt due by that person and shall be repayable in the same manner as a loan of that amount when the amount is within the maximum generally fixed by the Trustees; but when the value is above that maximum the excess shall bear interest from the beginning at the rate fixed by the State War Council or the Committee thereof.

(6) Where a State War Council or the Special Committee thereof is satisfied that the advancement of money or property by way of loan will not be sufficient for the purpose required without special provisions for the sustenance of the applicant in the first place, it may provide for such sustenance by the payment, by way of gift, of such amount, not exceeding the amount from time to time fixed by the Executive and notified to the State War Council, and under such conditions as the State War Council thinks necessary.

(7) Where a State War council has prepared and the Trustees have approved a scheme for the maintenance of applicants desiring to enter upon a course of technical education, the Trustees may make provision for the maintenance of any applicant by the payment, by way of free gift, of such amount, not exceeding the amount from time to time fixed by the Executive and notified to the State War Council, as the State War Council thinks necessary, for the period of the course.

(8) In the case of—

(a) any widow or dependant of an Australian soldier who has died on active service or as a result of active service; or

(b) any Australian soldier whose injuries preclude a return to his former occupation the State War Council may, if it thinks fit, grant assistance by way of free gift, of such amount (not exceeding the amount fixed by the Executive from time to time and notified to the State War Council), upon such conditions, as the Council thinks fit.

Power to inspectors of Council to inspect property purchased or lent under regulations.

16.—(1) It shall be a condition of the grant of any assistance by way of loan under these Regulations that the person to whom the assistance is given shall at all reasonable times permit any inspector producing an authority in writing from the Chairman of the State War Council to enter upon any land and premises upon which there is any property which has been purchased for or lent to the soldier or dependent under these Regulations, and shall produce to the inspector such books documents and goods and disclose to him such information as he requires for the purpose of forming a true estimate of the financial position and prospects of the soldier or dependant.

(2) All information obtained by the inspector in pursuance of this regulation shall be communicated only to the State War Council.

(3) The State War Council shall not disclose to anybody or person except to the Trustees, and then only in a confidential manner, any information communicated to it in pursuance of this regulation.

Power to vary conditions of loan, gift, &c.

17.—(1) The State War Council may revoke, recall, or vary the whole or any part of the conditions attached to any loan, gift or promise of assistance to or of any contract solely between the Council and an Australian soldier or a dependant of an Australian soldier, if it is satisfied—

(a) that the conditions attached to the loan, gift or promise or the terms of the contract, have not been or are not likely to be carried out by the soldier or dependant, as the case may be; or

(b) that owing to the misconduct, idleness or incapacity of the soldier or the dependants as the case may be, the purpose for which the loan, gift, promise, or contract was granted, or made is not likely to be achieved.

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(2) When a State War Council revokes recalls or varies any conditions in pursuance of the last preceding sub-regulation, it stall forthwith furnish to the Trustees a statement of the reasons for such revocation recall or variation.

Recovery of loans.

18. Subject to these Regulations, the Chairman for the time being of a State War Council, or the person thereto authorized in writing by the Chairman is hereby authorized and required to take the necessary proceedings for the recovery of the amount of any loan the whole or any part of which has not been repaid by the recipient within the period fixed by the State War Council.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.