Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1946. No. 182.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1946.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1920-1946.

Dated this eleventh day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

H. C. BARNARD

Minister of State for Repatriation.

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Amendments of the Australian Soldiers’ Repatriation Regulations. 

Declarations by claimants.

1. Regulation 12 of the Australian Soldiers’ Repatriation Regulations is amended by inserting in sub-regulation (1.), after the words “an officer of the Department,”, the words “a secretary to a Local Committee,”.

Widowed mother.

2.—(1.) Regulation 32 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) was dependent upon the member prior to his enlistment or at any time during his service;”;

(b)by omitting from paragraph (c) the figures and words “100s. per fortnight” and inserting in their stead the words and figures “per fortnight an amount representing one twenty-sixth of the total sum per annum which may be received by a pensioner (not being a permanently blinded person), by way of income and pension, under the Invalid and Old-age Pensions Act 1908-1946 or under any Act amending or affecting that Act”; and

(c) by adding at the end thereof the following sub-regulation:—

“(2.) For the purpose of this regulation, the widowed mother of a member shall be deemed to have been dependent upon him prior to his enlistment if, at that time, she would have been dependent upon him but for his enlistment before he reached a reasonable earning capacity.”.

* Notified in the Commonwealth Gazette on 12th December, 1946.

  Statutory Rules 1943, No. 238, as amended by Statutory Rules 1945, No. 48.

5116.—Price 5d.

 

(2.) The amendments effected by paragraphs (a) and (c) of sub-regulation (1.) of this regulation shall be deemed to have come into operation on the sixth day of May, 1948.

(3.) The amendment effected by paragraph (b)of sub-regulation (1.) of this regulation shall be deemed to have come into operation on the fifteenth day of August, 1946.

Parent of deceased unmarried member.

3.—(1.) Regulation 34 of the Australian Soldiers’ Repatriation Regulations is amended—

(a)by omitting paragraph (i) and inserting in its stead the following paragraph:—

“(i) was dependent upon the member prior to his enlistment or at any time during his service;”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) For the purpose of this regulation, the parent of a deceased unmarried member shall be deemed to have been dependent upon him prior to his enlistment if, at that time, he would have been dependent upon the member but for the member’s enlistment before he reached a reasonable earning capacity.”.

(2.) This regulation shall be deemed to have come into operation on the sixth day of May, 1943.

4. Regulation 53 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Interest on loans.

“53.—(1.) A loan granted under these Regulations shall bear interest in accordance with the provisions of this regulation.

“(2.) For the purpose of ascertaining the rate of interest on a loan or portion of a loan—

(a)the amounts of all loans granted to any one person under the Re-establishment and Employment Act 1945 shall be added to the amounts of all loans granted to that person under these Regulations and—

(i) if the aggregate amount does not exceed Fifty pounds, interest shall not be charged;

(ii) if the aggregate amount exceeds Fifty pounds, but does not exceed Two hundred and fifty pounds, interest shall be charged at the rate of two per centum per annum on so much of the aggregate amount as exceeds Fifty pounds; and

(iii) if the aggregate amount exceeds Two hundred and fifty pounds, interest shall be charged—

(1) on the first Two hundred pounds in excess of Fifty pounds at the rate of two per centum per annum; and

(2) on so much of the aggregate amount as exceeds Two hundred and fifty pounds at the rate of three and three-quarters per centum per annum; and

(b)each loan included in the aggregate amount shall be apportioned in relation to the aggregate amount in the order of its granting and the appropriate rate or rates of interest (if any) on the loan or portions of the loan fixed, in accordance with the last preceding paragraph, accordingly.

 

“(3.) For the purposes of this regulation, ‘loan’ includes—

(a) any loan granted in pursuance of regulation 78 of these Regulations in connexion with a professional course of education and training;

(b)an order for the supply of tools of trade, plant and equipment, professional instruments or other articles of personal equipment granted in pursuance of sub-regulation (2.) of regulation 81 of these Regulations;

(c) any advance by way of loan made under regulation 84 of these Regulations; and

(d)any assistance by way of loan granted in pursuance of regulation 181 of these Regulations,

but does not include a loan granted in pursuance of regulation 177 of these Regulations.

Sustenance allowance while undergoing medical treatment, &c.

5.—(1.) Regulation 71 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “a Departmental Medical Officer certifies that”;

(b)by omitting from that sub-regulation the words “for such period as the Departmental Medical Officer specifies in his certificate, and”; and

(c)by omitting from that sub-regulation the words “sustenance allowance to the member” and inserting in their stead the words “to the member, for the period for which he is so prevented, sustenance allowance”.

(2.) This regulation shall be deemed to have come into operation on the first day of January, 1946.

6.—(1.) Regulation 74 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Fares for medical treatment and pension purposes.

“74.—(1.) Where it is necessary for a member to travel—

(a) to obtain medical treatment;

(b)for restoration of his health;

(c) to be fitted for surgical aids or appliances or artificial replacements;

(d)to proceed to hospital; or

(e) for pension purposes,

a Deputy Commissioner may, subject to such conditions as the Commission from, time to time determines, grant the member’s fare to and from the place to which it is necessary for him to travel, and defray the expenses of his subsistence while travelling, reasonably and necessarily incurred, but not in excess of twelve shillings per day when he travels by land or four shillings per day when he travels by sea.

“(2.) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or Local Medical Officer, as the case may be, authorize an attendant to accompany a member who is travelling to hospital and may provide the attendant’s fares for travel to and from the hospital and may defray the expenses of his subsistence, reasonably

and necessarily incurred, but not in excess of twelve shillings per day, for such period as the Deputy Commissioner considers necessary for his completion of the forward and return journeys.”.

(2.) This regulation shall be deemed to have come into operation on the eighth day of March, 1946.

7.—(1.) Regulation 80 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Furniture.

“80.—(1.) A Deputy Commissioner may, subject to these Regulations, grant an order for the supply by way of gift of household furniture to a value not exceeding Seventy-five pounds in each case to—

(a)a blinded or totally and permanently incapacitated member who becomes so disabled not later than five years after the date of his discharge and is married; or

(b)a widow with children of a member who dies while serving with the Forces, or within five years after his discharge from the Forces,

where that assistance is necessary for the establishment in civil life of the member or widow, as the case may be.

“(2.) Assistance shall not be granted under this regulation unless application therefor is made—

(a)in the case of a member, before the expiration of twelve months after the date of—

(i) his discharge;

(ii) his marriage; or

(iii) the decision classifying him as blinded or totally and permanently incapacitated,

whichever last happens; or

(b)in the case of a widow, before the expiration of twelve months after the death of her husband.”.

(2.) A member who after the commencement of this regulation, comes within the class of members specified in paragraph (a) of sub-regulation (1.) of regulation 80 of the Australian Soldiers’ Repatriation Regulations, but was not eligible for assistance under the regulation repealed by this regulation, may, notwithstanding anything contained in sub-regulation (2.) of regulation 80 of the Australian Soldiers’ Repatriation Regulations, be granted assistance under that regulation if he applies for that assistance before the expiration of twelve months after the date upon which this regulation comes into operation.

Repeal of regulation 84.

8. Regulation 84 of the Australian Soldiers’ Repatriation Regulations is repealed.

Removal expenses.

9. Regulation 103 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting from paragraph (c) of sub-regulation (1.) the word “six” and inserting in its stead the word “twelve”; and

(b)by omitting from sub-regulation (3.) the word “twelve” and inserting in its stead the word “eighteen”.

 

Obligations of mortgagor.

10. Regulation 121 of the Australian Soldiers’ Repatriation Regulations is amended by omitting paragraph (e) and inserting in its stead the following paragraph:—

“(e) an obligation to insure and keep insured, in the joint names of the Commission and the mortgagor, in an office approved by the Commission for that purpose—

(i) any mortgaged chattels other then motor vehicles against loss or damage by fire; or

(ii) any mortgaged chattel, being a motor vehicle, under a comprehensive policy approved by the Commission against loss or damage by fire, accident or theft,

for the full amount secured by the mortgage;”.

Searches.

11. Regulation 160 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that any organization approved by the Minister may publish extracts from the Register appertaining to mortgages of chattels.”.

Inspection of documents.

12. Regulation 162 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting the word “Nothing” and inserting in its stead the words “Except as provided in the next succeeding sub-regulation, nothing”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) A person may, on payment of a fee of Two shillings, inspect any security, being a mortgage of chattels, filed in the office of the Commission.”.

Extension of certain provisions to woman members of the Forces.

13. Regulation 196 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from sub-regulation (4.) the words “the last preceding sub-regulation” and inserting in their stead the words and figure “sub-regulation (2.) of this regulation”.

The Schedule.

14. The Schedule to the Australian Soldiers’ Repatriation Regulations is amended—

(a)by inserting in clause 10 of Form B, after the word “chattels”, the symbol “ ”; and

(b)by adding after the footnote to that Form the following footnote:—

“  In the case of motor vehicles, this clause is to be adapted to specify that the obligation imposed upon the mortgagor is an obligation to insure, under a comprehensive policy approved by the Commission, against loss or damage by fire, accident or theft.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

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