National Security (Air Force) Regulations (Amendment) (Cth)

STATUTORY RULES

1946. No. 84.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby make the following Regulation under the National Security Act 1939-1943.

Dated this tenth day of May, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

ARTHUR S. DRAKEFORD

for and on behalf of the Minister of

State for Defence.

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Amendment of the National Security (Air Force) REGULATIONS.

The National Security (Air Force) Regulations are amended by adding at the end thereof the following regulations:—

Payment out of their War Service Estates of debts of deceased members of Air Force.

“6.—(1.) An authorized person may pay or cause to be paid out of the war service estate of any member of the Air Force who at the time of his death was attached to or serving with or in conjunction with the Royal Air Force any sum which, after due investigation, appears to the authorized person or to some person nominated by him in that behalf to be due and owing by the member to any person or authority who at the time of payment is residing or carrying on business, or has its office or head-quarters, outside the Commonwealth of Australia.

“(2.) The payment of any sum in pursuance of sub-regulation (1.) of this regulation shall be deemed to have been made on behalf of the legal personal representative of the member out of whose war service estate it is paid, and to operate as a discharge of the Commonwealth and of every person making or authorizing the payment from any liability in respect of the sum paid.

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* Notified in the Commonwealth Gazette on 10th May, l949.

  Statutory Rules 1945, No. 120.

6052.—Price 3d.

“(3.) In this regulation—

‘authorized person’ means a person appointed by the Minister of State for Air to be an authorized person for the purposes of the War Service Estates Act 1942-1943;

‘war service estate’ has the same meaning as in the War Service Estates Act 1942-1943.

Payments from accrued or deferred pay of a member who is missing.

7.—(1.) Where a member of the Air Force is missing, and application is made to the Minister or a prescribed authority by the member’s wife, or by any person totally dependent on the member, for financial assistance to meet the cost of medical expenses for the applicant or for any member of the member’s family or to meet the cost of repairs to the member’s home, or for any other unforeseen or urgent purpose, and the Minister considers that payment for that purpose is necessary and desirable in the interests of the member, he may authorize the payment to the applicant, or to such other person as the Minister directs, for that purpose of such amount as he considers reasonable and the deduction of that amount from any pay due or which may become due to the member.

“(2.) For the purposes of this regulation, ‘the member’s home’ means any dwelling-house (including all fences and out-buildings appurtenant thereto) which is ordinarily occupied as a residence by the member or any person totally dependent on the member where—

(a)the beneficial estate and interest in the property are held by the member or, if the Minister so directs, by the member’s wife or by the member and his wife as joint tenants or tenants in common; or

(b) the property is held by the member under a lease which requires him to effect repairs.”

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.