STATUTORY RULES.
1945. No. 48.
REGULATIONS UNDER THE
AUSTRALIAN SOLDIERS’ REPATRIATION
ACT 1920-1943.*
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 1920-1943.
Dated this nineteenth day of April,
1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
C.
W. FROST
Minister
of State for Repatriation.
Amendments of the Australian Soldiers Repatriation Regulations.
Definitions.
1. Regulation 6 of the
Australian Soldiers Repatriation Regulations is amended by omitting from the
definition of “member” the figures “99” and “104” and
inserting in their stead the figures “100” and “105” respectively.
Payment
of undrawn instalment of pension of deceased pensioner.
2. Regulation 24 of the
Australian Soldiers’ Repatriation
Regulations is amended by omitting the word “An” and inserting in its stead the word “Any”.
Temporarily
totally incapacitated member.
3. Regulation 31 of the
Australian Soldiers’ Repatriation
Regulations is amended by omitting all the words and figures from and including
the word “if” to the end of the regulation and
inserting in their stead the words “if
the circumstances of his case are not such as, in the opinion of the
Commission, do not warrant payment of the additional pension”.
Parent
of deceased unmarried member.
4. Regulation 34 of the
Australian Soldiers’ Repatriation
Regulations is amended by omitting all the words from and including the words “who is resident” to the end of the regulation and inserting in their stead
the words—
“and if that parent—
(i)
prior to the enlistment of the member, was dependent upon him, or would have
been dependent upon him but for his enlistment before he reached a reasonable
earning capacity;
(ii)
is resident in the Commonwealth or any Territory of the Commonwealth; and
(iii)
would not be in receipt of an income from all sources (including the pension)
exceeding the rate specified in the last-mentioned proviso.”.
*
Notified in the Commonwealth Gazette on
19th April, 1945.
Statutory Rules 1943, No. 233.
1302.—Price 3d.
Employment
and sustenance while awaiting employment.
5. Regulation 75 of the
Australian Soldiers’ Repatriation
Regulations is amended by inserting in sub-regulation (5.), after the word “wife”,
the words “, or sustenance is not payable under sub-regulation (4.) of this
regulation”.
Allowance
in respect of certain ex-nuptial children.
6. After regulation 176 of
the Australian Soldiers’
Repatriation Regulations the following regulations are inserted:—
“176a. Where—
(a)a pension is not payable to or in respect of an ex-nuptial child of a
member who is under the age of sixteen years but would be payable if that child
were a child of the member other than an ex-nuptial child; and
(b) the parents of that child intermarry,
or have intermarried,
the
Commission may, having regard to the circumstances of the case, grant, in
respect of the child, an allowance at a rate not exceeding the rate of pension
which would be payable if the child were a child of the member other than an
ex-nuptial child.
Allowance
to member suffering disability specified in Fifth Schedule who is maintained in
an establishment.
“176b. Where, by reason of the operation of
sub-paragraph (i) of paragraph (c) of
the proviso to the Fifth Schedule to the Act, an amount of pension specified in
that Schedule is not payable to a member who is suffering from a disability
specified in the first column of that Schedule, the Commission may grant to any
such member, in any case where it considers the circumstances so warrant, an
allowance at a rate not exceeding the amount of pension which would have been
payable but for that sub-paragraph.
Allowance to
member to whom full pension under the Fifth Schedule is not payable by virtue
of paragraph (e)of proviso to that Schedule.
176c.
Where the full amount of pension specified in the second column of the Fifth
Schedule as payable to a member who has suffered loss of vision in one eye is
reduced in accordance with paragraph (e)
of the proviso to that Schedule, the Commission may grant to the member, in any
case where it considers the circumstances so warrant, an allowance at a rate
not exceeding the sum by which the amount of pension has been reduced.”.
Extension
of certain provisions to 1914-1918 members (general service).
7. Regulation 193 of the
Australian Soldiers’ Repatriation
Regulations is amended—
(a) by inserting in sub-regulation (2.), after the figure “IX.”
the figure “, X.”; and
(b) by omitting the words and figures “and the provisions of Part X. of these
Regulations shall apply to and in relation to funds raised for the benefit of
1914-1918 members (general service),”.
South
African veterans.
8. Regulation 197 of the
Australian Soldiers’ Repatriation
Regulations is amended by adding, at the end of sub-regulation (3.), the words “, or in an institution, or while
proceeding to or from an institution to which he had been authorized to proceed
by a Deputy Commissioner”.
Commencement.
9. These Regulations,
other than regulations 3, 5 and 6, shall be deemed to have come into operation
on the first day of April, 1943.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.