DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
(#DATE 20:01:1994)
- In force under the Defence (Re-establishment) Act 1965 - Updated as at 20 January 1994 *1* The Defence (Re-establishment Loans) Regulations (in force under the Defence (Re-establishment) Act 1965) as shown in this reprint comprise Statutory Rules 1967 No. 102 amended as indicated in the Tables below. Table of Statutory Rules Year and Date of Date of Application Number Notification commencement saving or in Gazette transitional provisions 1967 No. 102 27 July 1967 27 July 1967 174 20 Dec 1967 20 Dec 1967 - 1973 No. 53 15 Mar 1973 15 Mar 1973 - 286 19 Dec 1973 1 Feb 1974 (see r. 1 and Gazette 1974, No. 8, p. 2) - 1975 No. 43 25 Mar 1975 25 Mar 1975 R. 2 (2) 1978 No. 204 26 Oct 1978 26 Oct 1978 - 1982 No. 112 20 May 1982 20 May 1982 - 1986 No. 231 4 Sept 1986 4 Sept 1986 - Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected R. 2 am. 1986 No. 231 R. 3 am. 1973 No. 53; 1982 No. 112; 1986 No. 231 R. 3A ad. 1978 No. 204 R. 4 am. 1973 No. 286; 1975 No. 43; 1986 No. 231 R. 6 am. 1975 No. 43 R. 7 rs. 1967 No. 174 R. 7A ad. 1967 No. 174 DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Prescribed authorities
3A. Prescribed forms of primary production
4. Prescribed period for purposes of paragraph 55 (1) (a)
of the Act
5. Prescribed occupations
6. Amounts of loans
7. Certain loans not to bear interest
7A. Rate of interest
8. Power to require information
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 1
Citation
1. These Regulations may be cited as the Defence (Re-establishment Loans)
Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 2
Interpretation
2. In these Regulations, unless the contrary intention appears:
"agricultural occupation" has the same meaning as in Part VI of the Act;
"eligible person" has the same meaning as in section 50 of the Act;
"the Act" means the Defence (Re-establishment) Act 1965.
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 3
Prescribed authorities
3. For the purposes of Part VI of the Act:
(a) the Repatriation Commission;
(b) the person holding, or performing the duties of, the office of First
Assistant Secretary in the Development and Co-ordination Division of the
Department of Primary Industry; and
(c) the person holding, or performing the duties of, the office of Assistant
Secretary in the Production Branch, Development and Co-ordination Division, of
the Department of Primary Industry;
are each a prescribed authority.
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 3A
Prescribed forms of primary production
3A. For the purposes of the definition of "agricultural occupation" in
subsection 50 (1) of the Act fishing operations and oyster farming operations
are prescribed forms of primary production.
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 4
Prescribed period for purposes of paragraph 55 (1) (a) of the Act
4. (1) In this regulation:
"incapacitated eligible person" means an eligible person who, before the
expiration of six months after the relevant day, became incapacitated as a
result of an occurrence that happened:
(a) in the case of an eligible person, other than a former regular
serviceman - during his period of national service; or
(b) in the case of a former regular serviceman - during the period of
continuous full-time service referred to, in relation to the former regular
serviceman, in paragraph (a), (b) or (c) of subsection (1) of section 4A of
the Act;
as a result of which he is unable to follow his usual occupation or another
appropriate occupation and is receiving or has received, in respect of that
incapacity:
(c) treatment or training under Part VIII of the Social Security Act 1947 in
its application to disabled persons by virtue of section 47 of the Act;
(d) compensation under the Commonwealth Employees Compensation Act 1930;
(e) pension or other benefit under the Repatriation (Special Overseas
Service) Act 1932;
(f) pension or other benefit under the Repatriation Act 1920;
(g) pension or other benefit under the Repatriation (Far East Strategic
Reserve) Act 1956; or
(h) pension or other benefit under the Veterans' Entitlements Act 1986;
"the relevant day", in relation to an eligible person means:
(a) in the case of an eligible person, not being a former regular
serviceman, who was discharged from the Regular Army Supplement before the
date of commencement of Statutory Rules 1967, No. 102, namely, 14 December
1967 - the date of commencement of Statutory Rules 1967, No. 102;
(b) in the case of any other eligible person, not being a former regular
serviceman - the date on which the person was discharged from the Regular Army
Supplement;
(c) in the case of a former regular serviceman in relation to whom the
period of continuous full-time service referred to in paragraph (a), (b) or
(c) of subsection (1) of section 4A of the Act ended before the date fixed
under subsection (2) of section 2 of the Defence (Re-establishment) Act 1973 -
the date fixed under subsection (2) of section 2 of the Defence
(Re-establishment) Act 1973; or
(d) in the case of any other former regular serviceman - the date on which
the period of continuous full-time service referred to, in relation to the
former regular serviceman, in paragraph (a), (b) or (c) of subsection (1) of
section 4A of the Act, ended;
"the relevant period", in relation to an eligible person who applies for
training under the National Service Vocational Training Scheme, the National
Employment and Training System or the Former Regular Servicemen Vocational
Training Scheme, means:
(a) in the case of an incapacitated eligible person - the period expiring
twelve months after the person is sufficiently recovered from his incapacity
to undertake the training; or
(b) in the case of any other eligible person - the period of twelve months
after the relevant day.
(2) For the purposes of paragraph (a) of subsection (1) of section 55 of the
Act, the prescribed period, in relation to an eligible person, is:
(a) if the eligible person applies for training under the National Service
Vocational Training Scheme, the National Employment and Training System or the
Former Regular Servicemen Vocational Training Scheme before the expiration of
the relevant period, is accepted for training under that Scheme or that System
and commences the training for which he has been accepted - the period
commencing on the relevant day and ending on the expiration of twelve months
after the completion or earlier termination, as the case may be, of that
training;
(b) if the eligible person is an incapacitated eligible person who is not an
incapacitated eligible person in relation to whom the last preceding paragraph
applies - the period commencing on the relevant day and ending on the
expiration of twelve months after he is sufficiently recovered from his
incapacity to engage in the occupation in respect of which the loan is applied
for; or
(c) in the case of any other eligible person - the period of twelve months
immediately following the relevant day.
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 5
Prescribed occupations
5. An occupation, business or practice that is not an agricultural
occupation is a prescribed occupation, business or practice for the purposes
of paragraph (b) of subsection (1) of section 52 of the Act.
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 6
Amounts of loans
6. (1) The amount prescribed for the purposes of paragraph (a) of subsection
(1) of section 52 of the Act is $10,000.00.
(2) For the purposes of paragraph (b) of subsection (1) of section 52 of the
Act the amount prescribed in respect of a prescribed occupation, business or
practice is $5,000.00.
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 7
Certain loans not to bear interest
7. (1) If a loan under Part VI of the Act does not exceed One hundred
dollars, that loan does not bear interest.
(2) If a loan under Part VI of the Act exceeds One hundred dollars, One
hundred dollars of the loan does not bear interest.
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 7A
Rate of interest
7A. For the purposes of section 54 of the Act, the prescribed rate of
interest is four and one-half percentum per annum.
DEFENCE (RE-ESTABLISHMENT LOANS) REGULATIONS
- REG 8
Power to require information
8. (1) The prescribed authority may, by notice in writing served by post on
a person whom it believes to be in a position to do so, require that person to
furnish to it such information relating to any matter which might affect the
grant of a loan under Part VI of the Act to any other person as is specified
in the notice.
(2) A person on whom a notice under the last preceding subregulation has
been served shall not, without lawful excuse:
(a) fail to furnish the information accordingly within fourteen days after
the notice is served upon him; or
(b) furnish information that is false or misleading in a material
particular.
Penalty: One hundred dollars.
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