Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1947. No..

R E G U L A T I O N S U N D E R T H E A U S T R A L I A N S O L D I E R S '

R E P A T R I A T I O N ACT 1930-1946.*

I, T H E G O V E R N O R - G E N E R A L 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 1920-1946.

Dated this thirty-first

day of July, 1947.

W. J. M C K E L L

Governor-General.

B y His Excellency's Command,

Minister of State for Repatriation.

A M E N D M E N T S OF T H E A U S T R A L I A N S O L D I E R S ' R E P A T R I A T I O N

R E G U L A T I O N S. †

1. Regulation 5 of the Austral ian Soldiers' Repatriat ion Regulations Definitions.

is amended by omitting from the definition of " d u e to war service" all the words from and including the words ", i f the c la imant" to the end of the definition and inserting in their stead the words " b u t for the claimant being rendered ineligible for war pension solely by a circum- stance or condition not permanently precluding eligibility ".

2. Regulation 7 of the Australian Soldiers' Repatriat ion Regulations	Exercise of
powers of

is amended by omitting the words "Invalid and Old-age, Pensions Act Registrar of War Pensions

1908-1943" and inserting in their stead the words "Socia l	Services	by Registrar
Consolidation Act 1947 ".	of Pensions.

3815.—PRICE 3D, 12/7.7.1947.

3. Regulation 12 of the Australian Soldiers' Repatriation Regu- Declarations

lations is amended— by claimants.

(a) by omitting from sub-regulation (1.) the words "Invalid

and Old-age Pensions Act 1908-1943" and inserting in their stead the words "Socia l Services Consolidation

Act

1 9 4 7 "; and

(b) by adding at the end thereof the following sub-regulations :—

"(3.) If a person makes a false statement in any

declaration or form provided for under this P a r t (whether

* Not i f i ed In t h e Commonwealth Gazette on , 1947

† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182.

or not before any of the persons mentioned in sub-regula- tion (1.) of this regulation), he shall be guilty of an offence.

Pena l ty: Twenty-five pounds.

" ( 4. ) Where a person is convicted of an offence under this regulation, the Court may, in addition to imposing a penalty in respect of the offence, order him to repay or return to the Commission any moneys, certificate or docu- ment received by him in consequence of the false state- ment in respect of which the offence was committed.

" ( 5. ) 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.".

4. Regulation 26 of the Australian Soldiers' Repatriat ion Regu- lations is amended by adding at the end thereof the following words	of marriage,
Notification
&c., by female
and sub-regulation:—	dependant.

" Penal ty: Twenty-five pounds.

" ( 2. ) Where a person i s convicted of an offence under this regu- lation, the Court may, in addition to imposing a penalty in respect of the offence, order her to repay or return to the Commission any moneys received by her in consequence of her failure to send the written notification.".

5. Regulation 27 of the Austral ian Soldiers' Repatr iat ion Regu- lations is amended—	to be made
Advances not
on security of pension.

(a ) by adding at the end of sub-regulation (1.) the words—

" P e n a l t y: Twenty-five pounds."; and

(b ) by adding at the end of sub-regulation (2.) the words—

" P e n a l t y: Twenty-five pounds.".

6. Regulation 32 of the Australian Soldiers' Repatr iat ion Regu- lations is amended by omitting from paragraph (c) of sub-regulation (1.) the words "Invalid and Old-age Pensions Act 1908-1946" and	mother.
Widowed

inserting in their stead the words " P a r t I I I. of the Social	Services
Consolidation Act 1947".

7. Regulation 53 of the Austral ian Soldiers' Repatriat ion Regula- tions is amended by omitting from sub-regulation (2.) the words "sha l l be added to the amounts of all loans granted to that person under these Regula t ions" and inserting in their stead the words ", t h e In te r im Forces Benefits Regulations and these Regulations shall be added	Interest on
loans.

together ".

8. Regulation 62 of the Australian Soldiers' Repatriat ion Orders not to Regulations is amended—

be transferred.

(a) by adding at the end of sub-regulation (1.) the words—

"Penalty: Twenty-five pounds."; and

(b) by adding at the end of sub-regulation (2.) the words—

"Penalty: Twenty-five pounds.".

9. Regulation 130 of the Australian Soldiers' Repatriat ion Regu- lations is amended—	sale of
Penalty for
chattels.

(a) by adding at the end of sub-regulation (1.) the words—

"Penalty: Twenty-five pounds or imprisonment for

three months.";

(b) by omitting from sub-regulation (2.) the word "mortgagor"

and inserting in its stead the word "person"; and

(c) by inserting in paragraph (a) of that sub-regulation, before

the word "order", the words "if the person convicted is

the mortgagor,".

10. Regulation 155 of the Australian Soldiers' Repatriat ion Regu- lations is repealed and the following regulation inserted in its stead:—

"155.—(1.) If any chattels the subject of a hire purchase agree- ment in accordance with Form D are, without the consent in writing	sale of
Penalty for
chattels.
of the Commission, and before the full value of the chattels as stated in the agreement has been paid as hire by the hirer to the Commission, sold, disposed of, removed, destroyed or dealt with by the hirer in breach of, or non-compliance with, any obligation imposed upon him by the agreement or by these Regulations, he shall be guilty of an offence.

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

" ( 2. ) On the conviction of a hirer for an offence under this regu- lation, the Court may, in addition to imposing a penalty—

(a) order the defendant to pay to the Commission the value, as stated in the agreement, of the chattels so sold, removed, destroyed or dealt wi th; or

(b ) order the defendant or any other person in possession of the chattels or any of them to deliver the chattels to the Commission forthwith.".

Extracts from

11. Regulation 160 of the Austral ian Soldiers' Repatriat ion Regu- lations is amended by adding at the end of sub-regulation (2.) the	Register not
to be published.
words—

" P e n a l t y: Twenty-five pounds.".

12. Regulation 183 of the Australian Soldiers' Repatriation Regu- lations is amended by adding at the end thereof the following sub-

Commission of

Exercise by

powers of

Deputy

regulation :—

Commissioner or Education

" ( 3. ) For the purpose of the last preceding sub-regulation, ' t h e Commission' includes, in relation to any power or authority delegated by the Commission in pursuance of regulation 182 of these Regulations, the person to whom that power or authority has been delegated.".

Board.

Improper use

13. Regulation 185 of the Austral ian Soldiers' Repatr iat ion of gifts or Regulations is amended by adding at the end of sub-regulation (1.) the words—

loans.

" P e n a l t y: Twenty-five pounds.".

Disclosure of

14. Regulation 186 of the Australian Soldiers' Repatriation Regulations is amended by adding at the end thereof the words—	prior charge.
"Penalty: Twenty-five pounds.".

15. Regulation 187 of the Australian Soldiers' Repatriat ion Regu- lations is amended by adding at the end thereof the following words	marriage, &c.,
Notification o í
by female dependant.
and sub-regulation:—

" P e n a l t y: Twenty-five pounds.

" ( 2. ) Where a person is convicted of an offence under this regu- lation, the Court may, in addition to imposing a penalty in respect of the offence, order her to repay or return to the Commission any moneys received by her in consequence of her failure to send the written notification.".

16. Regulation 189 of the Australian Soldiers' Repatriation Regu- lations is amended by adding at the end thereof the following words	Prohibition of certain acts in
relation to
and sub-regulations:—	assistance
and benefits.

" P e n a l t y: Twenty-five pounds or imprisonment for three months.

" ( 2. ) Where a person is convicted of an offence under this regu-

lation, the Court may, in addition to imposing a penalty in respect of the offence, order him 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. ) Proceedings under this regulation may be taken before a

Court of summary jurisdiction.".

17. Regulation 190 of the Australian Soldiers' Repatriation Regu-

lations is amended by adding at the end of sub-regulation (3.) the

words—

forms.

Signature to

" P e n a l t y: Twenty-five pounds.".

Signatures in

18. Regulation 192 of the Australian Soldiers' Repatriat ion Regu- lations is amended by adding at the end thereof the words— blank.

" P e n a l t y: Twenty-five pounds.".

19. After regulation 192 of the Australian Soldiers' Repatriation Regulations the following regulations are inserted in P a r t XI of those Regulations :—

" 1 9 2 A . Any person who wilfully acts in contravention of, or wil- fully fails to comply with, any provision of these Regulations shall be guilty of an offence and, if no other penalty is prescribed, shall be liable to a penalty not exceeding Twenty-five pounds.	Offences.
Time for
" 1 9 2 B . A prosecution in respect of an offence against these Regu- lations may be commenced at any time within three years after the	commencement
of prosecutions.
commission of the offence.".

B y A u t h o r i t y: L. F. J O H N S T O N, C o m m o n w e a l t h G o v e r n m e n t P r i n t e r, C a n b e r r a.