Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1921. No. 201.

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920.

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, to come into operation as from the twenty-sixth day of April, 1921.

Dated this eleventh day of October, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN,

Minister of State for Repatriation.

______

Amendment of Australian Soldiers’ Repatriation Regulations 1920.

(Statutory Rules 1920, No. 112, as amended by Statutory Rules 1920, Nos. 125, 151, 243, and 247, and by Statutory Rules 1921, Nos. 31, 50, 188, 189, and 192.)

1. Regulation 165 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting paragraphs (e) and (f) thereof and inserting in their stead the following paragraphs:—

“(e) An obligation to pay to the Commission a premium of One shilling per annum for the insurance of the chattels against loss or damage by fire for the full value of the chattels as stated in the agreement.

“(f) An obligation not to bring or keep or allow to be brought or kept, without the consent in writing of the Commission, any explosive or dangerously inflammable substance upon the premises where the chattels or any of them are situated.”; and

(b)by inserting after paragraph (g), the following paragraphs:—

“(h)An obligation to remove, within a time specified by the Commission, any cause of danger of loss or damage by fire to the chattels, if in the opinion of the Commission the cause of danger is capable of removal;

“(i)an obligation not to insure or keep insured the chattels or any of them against loss or damage by fire otherwise than in pursuance of these Regulations; and

“(j) an obligation, if loss or damage by fire is caused to the chattels or any of them—

(i) to notify the Commission thereof in writing within seven days of such loss or damage;

(ii) to furnish to the Commission all information in the hirer’s possession in regard to the damage or loss and the cause thereof; and

(iii) to furnish to the Commission all further information required by the Commission in connexion with the matter.”

2. Regulation 166 of the Australian Soldiers’ Repatriation Regulations is amended by omitting sub-regulation (3) thereof and inserting in its stead the following sub-regulations:—

“(3) If the hirer fails to comply with an obligation under the agreement to pay to the Commission any insurance premium when due, the Commission may debit the amount of the premium to the hirer, and every amount so debited—

(i) shall be added to the amount due by the hirer for hire under the agreement; and

(ii) shall for all purposes of the agreement and these Regulations be deemed to be included in the word ‘hire’.

“(4) Any payment made by the hirer to the Commission under the agreement, whether for hire or otherwise, may be applied by the Commission in the following manner:—

Firstly—In payment of any unpaid insurance premium;

Secondly—In payment of arrears (if any) of hire;

Thirdly—In payment of an instalment of hire falling due within the month in which the payment is made.”

3. After regulation 168a of the Australian Soldiers’ Repatriation Regulations the following regulations are inserted:—

Powers of Commission where special danger of loss by fire exists.

“168b. (1) If at any time it appears to the Commission that there is a special or unusual danger of loss or damage by fire to any chattels the subject of a Hire Purchase Agreement in Form D, the Commission may—

(a) require the hirer to forthwith remove the cause of danger if, in the opinion of the Commission, it is capable of removal; and

(b)in addition or alternatively, insure the chattels in any office it selects for the purpose for the benefit of the Commission and at the expense of the hirer until the cause of danger is removed.

“(2) Any premium paid bythe Commission for insurance in accordance with paragraph (b)of the last preceding sub-regulation shall for all purposes of the agreement and these Regulations be deemed to be included in the word ‘hire’.

Failure of hirer to notify loss or damage by fire, &c.

“168c. If the hirer—

(a) fails, within seven days after damage or loss by fire is caused to any chattels the subject of a Hire Purchase Agreement in Form D, to notify the Commission in writing of the loss or damage; or

(b)fails to forthwith furnish to the Commission particulars or information required by these Regulations or by the Commission,

the Commission may, if it thinks fit, treat the insurance of the chattels as having been thereby avoided.

Acts or omissions increasing clanger of loss or damage by fire.

“168d. if anything is, without the knowledge and approval of the Commission, done or omitted to be done to or in connexion with any chattels the subject of a Hire Purchase Agreement in Form D whereby the danger to the chattels of loss or damage by fire is increased the Commission may, if it thinks fit, treat the insurance of the chattels as having been thereby avoided.

Failure of hirer to prove certain facts in event of loss or damage by fire.

“168e. If damage or loss byfire is caused to any chattels the subject of a Hire Purchase Agreement in Form D, and the hirer fails to prove to the satisfaction of the Commission—

(a)that the damage or loss did not arise from or in consequence of any wilful or grossly negligent act or omission of the hirer or of any other person with the knowledge and connivance of the hirer;

(b)that the claim is made bonâ fide and without fraud or concealment, and that no false or misleading information has been given by the hirer in connexion with the claim; and

(c) that the hirer has complied in all respects with the obligations imposed on him by the agreement and these Regulations,

the Commission may treat the insurance of the chattels as having been thereby avoided.

Powers of Commission where loss or damage by fire occurs.

“168f. (1) If loss or damage by fire is caused to any chattels the subject of a Hire Purchase Agreement in Form D which are insured in pursuance of these Regulations, the Commission may—

(a) replace or repair the destroyed or damaged chattels; or

(b) credit the hirer with an amount in the opinion of the Commission equal to the amount of loss or damage sustained; or

(c) terminate the hiring.

“(2) Any chattels which are repaired and any chattels which replace those which have been destroyed or damaged shall, for all purposes of the agreement and these Regulations, be deemed to be the chattels referred to in the agreement.

“(3) If any amount is credited to the hirer in respect of destroyed or damaged chattels, the value of the chattels as stated in the agreement shall be deemed to have been reduced by the amount so credited and the schedule thereto amended accordingly.

“(4) If the hiring is terminated in purusance of sub-regulation (1) of this regulation—

(a) the hirer shall forthwith return to the Commission all chattels not destroyed; and

(b) the Commission, if satisfied that the hirer has complied with all the requirements of these Regulations in relation to the hiring, may refund to the hirer the total amount of the instalments paid by him for hire other than amounts paid as insurance premiums.

Damage or loss extinguishing &c., fire.

“168g. Any damage or loss caused to chattels in extinguishing or preventing or locating a fire shall, for the purpose of insurance in pursuance of these Regulations, be deemed to be damage or loss by fire.

Insurance to cease when chattels cease to be subject to agreement.

“168h. When any chattels the subject of a Hire Purchase Agreement in Form D cease to be subject to the agreement, the insurance of the chattels in pursuance of these Regulations shall forthwith cease and be of no effect.”

4. Form D in the Schedule to the Australian Soldiers’ Repatriation Regulations is amended by omitting therefrom the particular numbered 8, and inserting the following particulars in its stead:—

“8. (a) The Hirer shall pay to the Commission an insurance premium of One shilling, due on the day of in each year, during which this agreement is in force.

(b) If damage or loss by fire is caused to any of the chattels, the Hirer shall forthwith furnish the Deputy Commissioner of Repatriation for the State of with full particulars thereof in writing, and all information in his possession in regard thereto and the cause thereof.”

  

___________

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