INTERIM FORCES BENEFITS.
No. 46 of 1947.
An Act to provide certain Benefits for members of the Interim Forces by reason of their service with such Forces, and for other purposes.
[Assented to 12th June, 1947.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Interim Forces Benefits Act 1947.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3 In this Act, unless the contrary intention appears—
“discharge” includes termination of appointment;
“member of the Interim Forces” means a person who, after the thirtieth day of June, One thousand nine hundred and forty-seven, and prior to a date fixed by the Minister by notice in the Gazette, enlists or re-engages in, or is appointed or re-appointed to, the Naval, Military or Air Forces of the Commonwealth for a term not exceeding two years.
Benefits of members of the Forces.
4. In addition to the rights derived by members of the Naval, Military or Air Forces of the Commonwealth, who enlist or re-engage in, or are appointed or re-appointed to, those Forces after the thirtieth day of June, One thousand nine hundred and forty-seven, as the conditions directly governing their service in any of those Forces under any law regulating that service, the benefits, advantages and assistance which shall accrue to, or in relation to, those members by reason of their service after that date, shall be those which are provided for or in respect of those members by this Act and the regulations made under this Act and shall be no others.
Leave on discharge.
5.—(1.) A member of the Interim Forces shall, immediately prior to his discharge, unless his discharge is, in the opinion of the prescribed authority, other than an honorable discharge, be entitled to leave of absence—
(a) where the member has been engaged in those Forces for a period of not less than six months—for a period of thirty days; and
(b) in any other case—for a period of fifteen days.
(2.) Leave under this section in respect of service as a member of the Interim Forces shall, subject to the next succeeding sub-section, be calculated independently of any prior period of service with the Naval, Military or Air Forces of the Commonwealth commenced before the first day of July, One thousand nine hundred and forty-seven.
(3.) Where the service of a member of the Interim Forces is continuous with a prior period of service with the Naval, Military or Air Forces of the Commonwealth commenced before the first day of July, One thousand nine hundred and forty-seven, one period of leave may be granted under this section in respect of the sum of both periods of service, and the right to leave provided by this sub-section in respect…
Overview
The Interim Forces Benefits Act 1947 was enacted to address the need for specific benefits and protections for members of the Interim Forces, who enlisted or were appointed after 30 June 1947 and prior to a date specified by the Minister. The Act was passed by the Parliament of Australia and received Royal Assent on 12 June 1947. Its policy objective was to provide benefits, advantages, and assistance to members of the Interim Forces and their dependants, ensuring they received support for their service. These benefits included leave on discharge, war pensions, and legal assistance, among others.
The Interim Forces Benefits Act 1947 provided specific entitlements to members of the Interim Forces and their dependants, ensuring they received appropriate support and benefits for their service. This legislation extended the provisions of the Australian Soldiers’ Repatriation Act 1920–1947 to male and female members of the Interim Forces and their dependants, granting them access to war pensions and related benefits. Additionally, the Act ensured that legal assistance, previously available to members of the Armed Forces and their dependants, was extended to members of the Interim Forces and their dependants. Overall, the Act aimed to provide a comprehensive package of benefits to support the members of the Interim Forces and their families during and after their service.
Scope and Application
The Interim Forces Benefits Act 1947 applies to individuals who enlist or re-engage in, or are appointed or re-appointed to, the Naval, Military or Air Forces of the Commonwealth after the 30th day of June, 1947, and before a date fixed by the Minister through a notice in the Gazette, for a term not exceeding two years. This Act is designed to provide specific benefits and assistance to members of the Interim Forces and their dependants. The geographic reach of the Act is nationwide, as it is a Commonwealth Act. The Act does not explicitly state any exclusions or exemptions; however, certain provisions are subject to the conditions and interpretations outlined within the Act. The application and scope of the Act may be further defined through regulations made under its authority, which may address matters such as the granting of assistance and benefits, definitions of dependants, and penalties for offences against the regulations.
Key Provisions
- The Interim Forces Benefits Act 1947, commencing on its Royal Assent, is designed to provide specific benefits to members of the Interim Forces by virtue of their service. Section 1 of the Act allows it to be cited as the Interim Forces Benefits Act 1947, while Section 2 states that the Act comes into operation on the day it receives Royal Assent. Section 3 defines key terms, including "discharge" and "member of the Interim Forces," to clarify who is covered by the Act. Section 4 specifies that the benefits available to members of the Interim Forces, who enlist or re-engage after 30 June 1947, are limited to those provided by this Act and the regulations made under it. Section 5 details the leave entitlements for members upon discharge, with 30 days of leave for members who have served at least six months and 15 days for those who have served less than six months, unless their discharge is dishonourable.
- The Act imposes several obligations on the parties it governs. Under Section 5, members of the Interim Forces are entitled to specific leave periods upon discharge, provided their discharge is honourable. Section 6 extends the provisions of the Australian Soldiers' Repatriation Act 1920-1947 to male members of the Interim Forces and their dependants, subject to certain modifications. Similarly, Section 7 extends the same provisions to female members and their dependants, again with specific modifications. Section 8 ensures that legal assistance bureaux, established to provide legal advice to members of the Forces and their dependants, are available to members enlisted or re-engaged after 30 June 1947, as well as to discharged members and their dependants. Section 9 grants the Governor-General the authority to make regulations necessary for the implementation of the Act, including provisions for assistance and benefits, definitions of family members, and penalties for offences against these regulations.
- Section 9 also outlines the consequences for breaching the regulations made under the Act. It allows for a penalty of a fine not exceeding twenty-five pounds or imprisonment for up to three months for any offence against the regulations. This provision ensures that there are clear legal consequences for non-compliance with the regulations, thereby enforcing adherence to the Act’s provisions and protecting the rights and benefits of Interim Forces members and their dependants.
- Area of Law
- Military Law
- Social Security Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Benefits
- Regulatory Standards
- Penalties & Enforcement
