Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1931. No. 96.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1931.

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 1920-1931, to come into operation forthwith.

Dated this thirtieth day of July, 1931.

ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

J. McNEILL

Minister of State for Repatriation.

 

Amendment of Australian Soldiers’ Repatriation Regulations.

(Statutory Rules 1925, No. 110, as amended to this date.)

1. Regulation 32a of the Australian Soldiers Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) No pensioner shall obtain an advance of money or goods upon the security of his pension, or any instalment thereof, and no pensioner shall purport to transfer or assign or create any charge on his pension or any instalment thereof.

Penalty: Twenty-five pounds.”.

2. After regulation 179b of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

Review by Commission.

“179c.—(1.) Whenever it appears to the Commission that sufficient reason exists for reviewing any grant of assistance or benefits under these Regulations, the Commission may review such grant.

“(2.) Upon such review, the Commission may increase, reduce or cancel the grant and such action may be taken notwithstanding that the person to whom such assistance or benefits have been granted refuses or fails to attend at the time and place fixed by the Commission for the review.”.

Offences in relation to assistance and benefits.

3. Regulation 195 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

“195.—(1.) Any person who—

(a) makes, either orally or in writing, a false or misleading statement in or in connexion with, or in support of, any application for assistance or benefits, or a review of any assistance or benefits granted under the Act or these Regulations;

2204.—Price 3d.

 

(b) obtains any assistance or benefits which are not payable;

(c) obtains payment of any moneys by means of any false or misleading statement; or

(d) makes or presents to the Minister or the Commission, or a Board, or to any officer doing, duty in relation to the Act or these Regulations, any statement or document which is false in any particular,

shall be guilty of an offence.

Penalty: Twenty-five pounds or imprisonment for three months.

“(2.) Any person convicted of an offence against this regulation may, in addition to the penalty imposed for the offence, be ordered to repay or return to the Commission, any money, allowances or goods received by him in consequence of the act in respect of which he was convicted.

“(3.) In any proceedings for an offence against this regulation, the burden of proving the truth of the statement in respect of which the proceedings have been instituted or the genuineness of the document presented, shall rest on the person accused.

“(4.) Proceedings under this regulation may be taken before a Court of summary jurisdiction.”.

 

By Authority: H. J. Green, Government Printer, Canberra.