Family Endowment (Further Amendment) Act 1929 (NSW)

FAMILY ENDOWMENT

(FURTHER AMENDMENT) ACT.

Act No. 58, 1929.

An Act to make further provision with regard to the endowment payable to mothers under the Family Endowment Act, 1927-1928; to amend that Act and certain other Acts; and for purposes connected therewith. [Assented to, 23rd December, 1929.]

lative Council and Legislative Assembly of New South	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of
the same, as follows :—
1. (1) This Act may be cited as the " Family Endowment (Further Amendment) Act, 1929," and shall
be read and construed with the Family Endowment Act, 1927-1928, in this Act referred to as the Principal Act.
(2) The Principal Act, as amended by this Act, may be cited as the Family Endowment Act, 1927-1929.
(3) This Act shall commence on the date upon which the Industrial Commission of New South Wales makes a declaration of the living wages for adult male and adult female employees in pursuance of the Indus- trial Arbitration (Living Wage) Amendment Act, 1929.

" Employee" means an employee whose wages are regulated by an award or industrial agreement made under the Industrial

2.   The Principal Act is amended—

(a) by omitting from section three the definition

of " employee " and by inserting in lieu thereof
the following definition :—

Industrial Arbitration Act, 1912, as amended by subsequent Acts, and in­ cludes any person employed by or on

behalf of the Crown in connection with

any industrial undertaking or by or on
behalf of any statutory body prescribed

by the regulations, but does not include—

(a)	any other person employed directly by or on behalf of the Crown; or
(b)	a person whose wages are regulated by an award or industrial agree- ment which the Industrial Regis- trar certifies to the Commissioner

of Taxation is an award or agree-

ment in which the rates of wages are fixed on a basic wage calculated according to the practice of the Commonwealth Court of Concilia- tion and Arbitration ; or

(c) a person whose wages are regu- lated under an award or industrial agreement which the Industrial Registrar certifies to the Commis­ sioner of Taxation is an award or agreement in which provision is made for the payment of a special allowance in respect of children.

(b) by omitting from the definition of " Employer" in the same section the words " the Govern- ment of the State or."

3.   The Principal Act is further amended—

(a) (i) by omitting paragraph (a) of subsection two of section fourteen and the word "where" immediately preceding such paragraph ;

(ii)  by omitting subsection three of the same section and by inserting in lieu thereof the following new subsection :—

(3) (a) Where the family income in the
determined period did not exceed the
amount

amount for the same period of the living wage for an adult male employee in force in such period and appropriate to the case, a certificate for endowment shall, subject to this Act, be issued for the amount of

five shillings per week for each child except

one in the family.
(b) Where the family income in the determined period exceeded the amount for the same period of the living wage for an adult male employee in force in such period and appropriate to the case, such

excess shall be deducted from the amount

of endowment which would, if there were

no such excess, be granted in respect of a period immediately following the date of

claim equal in duration to the determined

period, and a certificate for endowment shall, subject to the provisions of this Act, be issued only for the amount, if any, which remains.

(c) For the purposes of this section the determined period shall be such con­ tinuous period of one or more quarters not exceeding four, ending on the date of, or in the case of a claimant whose spouse

is a wage-earner, the last pay day preceding

the date of the claim for endowment as shows the highest average family income; but the determined period shall be four quarters where the spouse of the claimant

follows a prescribed occupation of a

seasonal character.

(iii)  by inserting in paragraph (c) of subsection four of the same section after the words

"five per centum" the words "per
annum " :

(iv)  by inserting at the end of subsection five of the same section the following words : " and a certificate of endowment may be issued and endowment paid to the institution notwith­ standing that the child is the only child in the family " ;

p (v)

(v) (a) by omitting from subsection six of the same section the words "subsection two " and by inserting in lieu thereof the words "subsection three" ;

(b) by omitting from the same subsection the words " for the time being " and by inserting in lieu thereof the words " for the determined period " ;

(b) (i) by inserting after subsection one of section twenty-six the following new subsection:—

(1A) Each claimant shall at the end

of each thirteen weeks after the commence-

ment of the Family Endowment (Amend- ment) Act, 1929, or the commencement of any endowment granted thereafter, send to the Commissioner a statement, in the prescribed form, of the family income for the prescribed period.

This subsection shall not apply where the spouse of a claimant follows a pre- scribed occupation of a seasonal character.

(ii)  by inserting at the end of subsection two

of the same section the words : " The

Commissioner may, if any statement of

family income is not sent to him in accord-

ance with his request, or at the times

prescribed by subsection (1A) of this section,

withhold payment of the endowment" ;

(c)	by omitting from subsection four of section thirty-nine the words: " Where such amount includes any wages paid to an employee
working under an award made by an Act of
Parliament of the Commonwealth of Australia, such amount shall be reduced by a sum equal to ten per centum of the wages so paid to such employee " ;
(d)	by omitting from paragraph (f) of subsection one of section forty-four the words " certificate
of."

4 . As from the commencement of this Act the
endowment payable thereafter in respect of each claim

granted before such commencement shall be reduced by

the

the sum of five shillings per week save in the case of endowment payable in respect of a child under the age

of fourteen years who is an inmate of a charitable
institution.
Where a claim for endowment has been lodged before the commencement of this Act and is granted after such commencement, the amount of endowment payable thereunder in respect of any period prior to such commencement shall be calculated as if this Act had not been passed.

5 . The Principal Act is further amended as

follows:—

(a) (i) by inserting at the end of subsection one

of section 40A the words : " In the event

of the absence, incapacity, or suspension of the Commissioner any of his powers,

duties, and functions may be exercised and performed during such absence, incapacity, or suspension by the Assistant Commis­ sioner or by an Acting Commissioner, appointed in pursuance of the provisions

of the Income Tax (Management) Act,

1928 " ;

(ii)  by inserting after the same subsection the following new subsection :—-

(1A) The Commissioner of Taxation may, by writing under his hand, delegate to the Assistant Commissioner of Taxation any powers, duties, and functions conferred or imposed upon him by this Act or the regulations for the time being in force thereunder (except this power of delega-

tion).

Every delegation under this subsection shall be revocable at will, but any delega- tion shall not prevent the exercise of any power, duty, or function by the Commis- sioner ;

(b) by omitting from subsection two of section forty-one the figures " 1912 " and inserting in lieu thereof the figures " 1928."

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