Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1923. No. 29.

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1922.

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 1920-1922, to come into operation forthwith.

Dated this fourteenth day of March, 1923.

FORSTER,

Governor-General.

By His Excellency’s Command,

THOS. W. CRAWFORD,

for Treasurer.

 

Amendment of Australian Soldiers’ Repatriation Regulations 1920-1922.

(Statutory Rules 1920, No. 112, as amended to this date.)

1. Regulation 24 of the Australian Soldiers’ Repatriation Regulations 1920 is amended by omitting sub-regulation (2) thereof and inserting in its stead the following sub-regulations:—

(2) If any person willfully makes any false statement in any declaration or form provided for under this Part of these Regulations (whether or not made before any of the persons mentioned in the preceding sub-regulation) he shall be guilty of an offence against these Regulations.

Penalty—Twenty-five pounds.

(3) Any person convicted of an offence against this regulation may, in addition to any penalty imposed in respect of such offence, be ordered to repay or return to the Commission, any money certificate or document received by him in consequence of the untrue statement in respect of which the offence was committed.

(4) This regulation shall not affect the liability of any person to be proceeded against under any other law but he shall not be liable to be punished twice in respect of the same offence.

2. After regulation 24 of the Australian Soldiers’ Repatriation Regulations 1920, the following regulations are inserted:—

Signature to Forms.

“24a. (1) Every form under this Part of these Regulations which has to be signed by any person shall be signed by that person with his personal signature.

(2) Where a person who is unable to sign his name in writing makes a mark as his signature to a form, the mark shall be deemed to be his personal signature, if it is identifiable as such, and is made in the presence of a. witness who signs the form as such witness.

C.4413.—Price 3d

 

(3) A person shall not make the signature of any other person, on any form under this Part of these Regulations.

Penalty—Twenty-five pounds.

Signatures in blank.

(4) This regulation shall not affect the liability of any person to be proceeded against under any other law but he shall not be liable to be punished twice in respect of the same offence.

24b. A person shall not sign his name on any form under this Part of these Regulations as a signature to such form unless, the form has been filled in so as to be ready for use without further addition.

Penalty—Twenty-five pounds.

Receipt by pensioner or trustee.

3. Regulation 32 of the Australian Soldiers’ Repatriation Regulations 1920 is repealed, and the following regulation inserted in its stead:—

“32. (1) Where the pensioner, or the trustee applies personally for payment of a pension instalment he shall give a receipt for each instalment in accordance with Form P.

(2) The Postmaster or other Officer authorized to make payment of the pension may refuse to pay any instalment, of pension due if he is not satisfied that the person presenting such receipt is the pensioner or trustee.

Advances not to be made on security of pension.

4. After regulation 32 of the Australian Soldiers’ Repatriation Regulations 1920, the following regulation is inserted:—

“ 32a. No person shall advance money, or offer or promise to advance money, to a pensioner or to any person on his behalf on the security (whether sole or collateral) of his pension or of any instalment thereof and no person shall purport to accept any transfer or assignment of, or to create any charge on any such pension or instalment.

Penalty—Twenty-five pounds.

5. Regulation 33 of the Australian Soldiers’ Repatriation Regulations 1920 is amended by adding at the end thereof the following:—

“and makes a declaration that he is not receiving the pension instalment on his own behalf or on behalf of any other person or any firm, business or partnership, in repayment, of any advance, or loan to the pensioner, or by way of, or in consequence of any sale, assignment, charge, execution or insolvency.”

6. Form “N” to the Australian Soldiers’ Repatriation Regulations 1920 is omitted, and the following form inserted in its stead.

 

Form N. War Pension Certificate No.

COMMONWEALTH OF AUSTRALIA.

The Australian Soldiers’ Repatriation Act 1920-1922.

Declaration of Spinster or Widow.

I, , hereby declare, that I am a female

dependant of (here write full name of member of the Forces),

who was my (here state relationship), and that, since, the date of the grant of pension to me, I have not married or re-married.

Signature

Date

Note.—One of these forms must be duly completed and handed to the Postmaster whenever a spinster or widow applies for payment of an instalment of pension, and the form will not be accepted by the Postmaster if it bears a date prior to the date on which the instalment became due.

 

7. Form “O” to the Australian Soldiers’ Repatriation Regulations 1920 is omitted and the following form inserted in its stead:—

Post-office date stamp to

Form O.  War Pension Certificate No.

COMMONWEALTH OF AUSTRALIA.

Australian Soldiers’ Repatriation Act 1920-1922.

War Pension Order, Receipt and Declaration Order.

be placed in this square.

I, (name in full), hereby authorize (name in full),

who is over sixteen years of age, to receive the pension payable under the Certificate above referred to for the fortnight commenced

Signature of Pensioner or Trustee

Postal address

Date

Receipt and Declaration.

I, (name in full), being over sixteen years of age,

acknowledge to have received the sum of £ , being pension payable as

above. I have reason to believe that the person whose signature appears above is still alive. I hereby declare that I am not receiving the pension instalment on my own behalf or on behalf of any other person, firm, business or company, in repayment of any advance or loan to the pensioner or in payment of any interest or charge in connexion with any such advance or loan or by way of, or in consequence of any sale, assignment, charge, execution or insolvency.

Signature

Address

Date

Note.—Whenever payment of a pension instalment is made, the paying officer will hand to the person who is paid a blank form of receipt which must be brought back on the next pension pay day, already filled in and signed.

Certificate on back hereof to be completed where pension is payable to a spinster, widow, or trustee.

 

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