Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1947. No..

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1947.*

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 1920-1947.

Dated this nineteenth day of December, 1947.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

———

Amendments of the Australian Soldiers’ Repatriation Regulations. 

Commencement.

1. These Regulations shall come into operation on the twenty-second day of December, 1947.

Parts.

2. Regulation 4 of the Australian Soldiers’ Repatriation Regulations is amended by inserting after the words “Part X.—Local Committees (Regulations 163-173).” the following words:—

“Part XA.—Patriotic Funds (Regulations 173a to l73w)”

3. After Part X. of the Australian Soldiers’ Repatriation Regulations the following Part is inserted:—

“Part XA.—Patriotic Funds.

Definitions.

“173a. In this Part, unless the contrary intention appears—

‘Board’ or ‘Patriotic Funds Board’ means a Patriotic Funds Board appointed in any State or Territory in pursuance of these Regulations;

‘fund’ means any patriotic fund established or to be established on or before the thirty-first day of December, 1947;

‘Territory’ means Territory of the Commonwealth;

‘the trustees’ means the trustees of any fund in relation to which the expression is used, and includes the Treasurer, the Secretary and any person actually controlling the fund.

* Notified in the Commonwealth Gazette on , 1947

  Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; and 1947, Nos. 72 and 106.

6592.—Price3d.  10/26.11.1947.

 

State Boards.

“173b.—(1.) The Governor-General may appoint in each State a Patriotic Funds Board consisting of—

(a)the persons who are for the time being members of the Repatriation Board for the State constituted under section fourteen of the Act; and

(b) two other persons, who may be appointed upon the nomination of the Premier of the State.

(2.) The Governor-General may appoint in each Territory of the Commonwealth a Patriotic Funds Board consisting of not more than five persons.

(3.) A Patriotic Funds Board shall exercise such powers and functions as are conferred upon it by these Regulations or are delegated to it by the Commission.

(4.) The exercise of the powers and functions conferred upon a Patriotic Funds Board shall—

(a) be limited to funds established, or to be established, within the limits of the State or Territory for which the Board is appointed; and

(b) be subject to any directions given by the Commission.

(5.) An appeal shall lie to the Commission from any decision of a Patriotic Funds Board, and the decision of the Commission on the appeal shall be final.

Exemption of certain funds raised within a State.

“173c. If it appears to the Governor-General that satisfactory provision has been made by State legislation for the proper control of patriotic funds in any State, he may, by Order published in the Gazette, exempt from the provisions of these Regulations, other than regulations 173k and 173l—

(a)all or any patriotic funds raised or to be raised within the State by persons or bodies not affiliated or connected with any organization or body which receives collections or contributions to a fund from more than one State; and

(b) all or any operations within the State of any branch or division of any organization or body which receives collections or contributions to a fund from more than one State,

and, while the Order remains in force, those funds, collections and operations shall be exempt from the provisions of these Regulations, other than regulations 173k and 173l, and shall be subject to the State legislation.

Exemption of funds raised in Territories.

“173d. The Governor-General may, by Order published in the Gazette, exempt from the provisions of these Regulations, other than regulations 173k and 173l, all or any patriotic funds raised or to be raised in any Territory of the Commonwealth, and, while the Order remains in force, those funds shall be exempt from the provisions of these Regulations, other than regulations 173k and 173l, and shall be subject to the laws, ordinances and regulations for the time being in force in the Territory.

 

Funds not to be established or moneys raised without permission.

“173e.—(1.) Subject to the next succeeding sub-regulation, a person shall not, without the approval in writing of the Commission or a Patriotic Funds Board (proof whereof shall lie upon him)—

(a) establish any patriotic fund;

(b)invite subscriptions or contributions, whether in money or in kind, to any patriotic fund; or

(c) raise money by any means whatsoever for any patriotic fund.

(2.) The Commission may, by notice published in the Gazette, direct that it shall not be necessary to obtain approval for the raising of money for patriotic funds by means of any class of entertainment or function specified in the notice, and the Commission or a Patriotic Funds Board may, by notice in writing to the Secretary or Treasurer of any fund, direct that such approval shall not be necessary for the raising of money for the fund by means of any entertainment or function specified in the notice.

Application for approval to establish funds, &c.

“173f.—(1.) An application for approval under regulation 173e of these Regulations shall be made—

(a)where the fund is to be established, subscriptions or contributions to be invited, or money raised, in one State or Territory only—to the Patriotic Funds Board for that State or Territory; and

(b) in any other case—to the Commission.

(2.) An application for approval to establish a patriotic fund shall contain a statement of the purposes for which the fund is to be established, the proposed name of the fund, the names of the persons who are to act as trustees, and such other information as the Commission or Patriotic Funds Board requires.

(3.) An application for approval to invite subscriptions or contributions to, or to raise money for, a patriotic fund shall contain such information as the Commission or Patriotic Funds Board requires.

Consideration of applications.

“173g.—(1.) The Commission or Patriotic Funds Board shall consider each application made in pursuance of these Regulations, and—

(a) may grant the application either unconditionally or subject to such conditions as to the management of the fund, the manner of obtaining and collecting subscriptions or contributions to the fund, or any other matters connected therewith, as appear desirable to the Commission or Board as the case may be; or

(b) may refuse the application.

(2.) The Commission or Board may limit the period of any appeal for subscriptions or contributions to, or for the raising of money for, any fund, and determine the amount and class of expenditure which may be incurred in connexion with any such appeal.

(3.) Upon the grant of approval in pursuance of this regulation, it shall be lawful to establish the fund, to invite subscriptions or contributions, or to raise money for the fund (as the case may be) subject to compliance with the conditions (if any) upon which the approval is granted and with the provisions of these Regulations.

Powers of Commission and Boards to exercise control in relation to funds.

“173h.—(1.) The Commission or Patriotic Funds Board, as the case may be, may, in respect of any fund established with its approval in accordance with these Regulations, by notice published in the Gazette or by notice in writing to the Secretary or Treasurer of the fund—

(a)give such directions to the trustees of the fund as appear to be desirable to ensure the proper administration, distribution and disposal of the fund;

(b)prescribe forms of balance-sheets and returns as to receipts and disbursements to be furnished from time to time in connexion with the fund;

(c)require the trustees to produce any documents or vouchers or furnish any information in relation to the fund;

(d) prohibit the holding of any carnival, fête or other entertainment for the purpose of raising moneys in connexion with the fund, or require the postponement of any such carnival, fête or other entertainment to a date fixed by the Commission or Board; and

(e) at any time withdraw its approval, or vary or add to the conditions imposed at the time of the grant of approval,

and may, in the same manner, revoke or vary any such notice.

(2.) A notice published in the Gazette under this regulation by the Commission or by a Patriotic Funds Board may be expressed to apply to all funds, whether established before or after the publication of the notice, or to any particular fund or class of funds.

Power to wind up fund when approval withdrawn.

“173j. Where the Commission or a Patriotic Funds Board has withdrawn its approval for the establishment of any fund, the Commission or Board may give such directions to the trustees and take such other action as appears to it to be desirable for the purpose of winding up the affairs of the fund, or for ensuring that any moneys in the fund are disbursed in a proper manner.

Power to wind up funds when no longer required.

“173k.—(1.) If at any time it appears to the Commission that it is desirable to wind up the affairs of any fund, the Commission may, by Order published in the Gazette, direct that the affairs of the fund be wound up.

(2.) The Commission may, by agreement with the trustees of any fund, arrange for the winding-up of the affairs of the fund.

(3.) Where the affairs of a fund are being wound up in pursuance of this regulation the Commission may direct—

(a) that any assets held by the fund shall be disposed of in such manner as the Commission directs;

(b) that any moneys remaining unexpended in the fund shall be paid by the person in whose hands they are to the Commission or a Patriotic Funds Board.

(4.) Where the affairs of a fund are being wound up in pursuance of this regulation the Commission may direct that the moneys remaining unexpended in the fund be disposed of—

(a) where the moneys were raised for the benefit of members of the Defence Force or their families or dependants—by payment to a Local Committee or in such other manner as the Commission directs; and

(b)where the moneys were raised for the benefit of persons other than members of the Defence Force or their families or dependants—in such manner as theCommission directs as being, in its opinion, the mostappropriate available manner of disposal.

(5.) Notwithstanding the provisions of thelast two preceding sub-regulations, the Minister may, if he considers it desirable in any particular case, direct that the moneys remaining unexpended in a fund being wound up in pursuance of this regulation be disposed of in such manner as the Minister directs.

(6.) Where moneys have been paid to a Local Committee in pursuance of this regulation the Local Committee may receive those moneys and shall deal with those moneys in accordance with the provisions of Part X. of these Regulations as if they were moneys received in accordance with that Part.

Consent to winding-up.

“173l. Except with the consent of the Commission, and subject to such conditions (if any) as the Commission considers desirable in the circumstances, a fund shall not be wound up otherwise than in accordance with the last preceding regulation.

Purposes of fund may be defined.

“173m. Where, in the opinion of the Commission or a Patriotic Funds Board, the purposes for which any fund is established are not sufficiently defined, the Commission or Board may require the trustees to define those purposes, and if the trustees fail to comply with the requirement within a reasonable period or do not sufficiently define those purposes to the satisfaction of the Commission or Board, the Commission or Board may define the purposes, and thereupon the fund shall be deemed to have been established, and the moneys in the fund shall be applied, for the purposes so defined.

Trustees to furnish information to Commission or Board when required.

“173n. The trustees of any fund shall, within thirty days after being at any time so required by the Commission or a Patriotic Funds Board, furnish to the Commission or Board, as the case may be, a statement in duplicate, audited by a competent person and signed by the Secretary or Treasurer of the fund, setting forth such particulars as are required by the Commission or Board, as the case may be, with respect to—

(a) the amount for the time being in the fund;

(b)the amount expended from the fund for the purposes for which it was established;

(c) any amounts expended in connexion with the collection of subscriptions or contributions or in connexion with the administration of the fund, and the names, addresses and descriptions of persons to whom those amounts have been paid;

(d)any obligations incurred or undertaken by the trustees involving future expenditure; and

(e) any other matters in relation to the fund in respect of which information is desired by the Commission or Board.

Moneys to be paid into Trust Account or invested.

“173p.—(1.) Moneys received by the trustees of any fund shall forthwith be deposited by them in a separate Trust Account to be opened with a bank.

 

(2.) Every such account shall be operated on only by cheque signed by the Treasurer or Secretary of the fund and countersigned by a trustee, or in such other manner as is approved by the Commission.

(3.) Where any moneys in a fund are not immediately required for the purposes of the fund the trustees may, if they think fit, invest the moneys in any manner in which trust moneys may lawfully be invested.

Improper use of moneys or goods.

“173q. A person in possession or control of any moneys or goods subscribed or contributed to, or raised for the purposes of, any fund, shall not use or dispose of the money or goods for any other purpose.

Payment of moneys received for fund.

“173r. A person who receives any subscription or contribution to, or raises any money for the purposes of, a fund, shall pay or deliver the subscription, contribution or money to the trustees of the fund or to a person authorized to receive such moneys on their behalf.

Funds already established.

“173s.—(1.) The provisions of this Part shall, mutatis mutandis, be applicable to any fund referred to in sub-regulation (1.) of regulation 18 of the National Security (Patriotic Funds) Regulations, as in force immediately prior to the first day of January, 1947, in like manner as if the fund had been established with the approval of the Commission or a Patriotic Funds Board.

(2.) The Commission or a Patriotic Funds Board may direct that the affairs of any fund referred to in sub-regulation (1.) of regulation 18 of the National Security (Patriotic Funds) Regulations, as in force immediately prior to the first day of January, 1947, shall be wound up, and thereupon the Commission or Board may give such directions to the trustees and take such other action as appears to it to be desirable for that purpose, or for ensuring that any moneys in the fund are disbursed in a proper manner.

Refusal or failure to furnish information or comply with directions.

“173t.—(1.) a person shall not, upon being required in pursuance of these Regulations to furnish any information or particulars to the Commission or a Patriotic Funds Board—

(a)refuse, or fail, without reasonable excuse (proof whereof shall lie upon him), to furnish the information or particulars; or

(b)furnish any statement which is, to his knowledge, false in any material particular.

(2.) A trustee or other person holding office or exercising control over moneys in connexion with any fund shall comply with all directions given to him by the Commission or a Patriotic Funds Board in pursuance of these Regulations (including any directions for the purpose of carrying out any Order under regulation 173k of these Regulations), and all conditions imposed by the Commission or the Board in pursuance of these Regulations.

Banks to supply information as to certain accounts.

“173u.—(1.) Subject to the next succeeding sub-regulation, whenever any account is opened with any bank under a name indicating that the account is in respect of a patriotic fund, the bank shall forthwith notify that fact to the Commission, or to the Patriotic Funds Board for the State or Territory in which the account is opened, and shall furnish to the Commission or the Board such information relating to the account as the Commission or Board requires.

 

(2.) Where the Commission is satisfied that adequate measures are being taken by a bank to prevent the opening of accounts in respect of patriotic funds—

(a) which have been established without approval under regulation 173e of these Regulations; or

(b) by persons who are not lawfully authorized to open the accounts,

the Commission may give notice in writing to the bank that it shall not be necessary for the bank to notify the fact that an account has been opened with the bank under a name indicating that the account is in respect of a patriotic fund and, so long as the notice continues in force, it shall not be necessary for the bank to notify that fact accordingly.

Penalties.

“173v. Any person who contravenes or fails to comply with any provision of this Part shall be guilty of an offence and shall be liable, upon conviction, to a penalty of a fine not exceeding Fifty pounds or of imprisonment for a period not exceeding six months.

Savings.

“l73w.—(1.) Any Patriotic Funds Board appointed under the National Security (Patriotic Funds) Regulations and in existence immediately prior to the commencement of this Part shall, subject to this Part, continue in existence as if it had been appointed under this Part.

(2.) Any order, delegation, approval, application, direction, prescription, requirement, prohibition or notice made or given under the National Security (Patriotic Funds) Regulations and in force or subsisting immediately prior to the commencement of this Part shall, subject to this Part, continue in force or subsisting as if it had been made or given under this Part.”.

 

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