National Security (War Contributions) Regulations (Cth)

STATUTORY RULES.

1941. No. 92.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE Deputy of the GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this  Nineteenth

day of April   , 1941.

Deputy of Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

—–––

National Security (War Contributions) Regulations.

Citation.

1. These Regulations may be cited as the National Security (War Contributions) Regulations.

Repeal.

2.—(1.) The National Security (Gifts and Loans) Regulations (being Statutory Rules 1940, No. 106, as amended by Statutory Rules 1940, Nos. 160 and 223) are repealed.

(2.) Notwithstanding the repeal effected by the last preceding sub-regulation, where any body, whether corporate or unincorporate, has, since the commencement of the National Security Act 1939 and prior to the commencement of these Regulations—

(a) made a gift of moneys to the Commonwealth for war purposes, or to any patriotic fund within the meaning of the National Security (Patriotic Funds) Regulations; or

(b) lent money to the Commonwealth for war purposes,

the body shall be deemed to have had power to make that gift or loan.

* Notified in the Commonwealth Gazette on , 1941.

6897.—6/17.3.1941.—Price 5d.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Board” means State Repatriation Board or Patriotic Funds Board;

“fund” means war fund;

“Local Committee” means a Local Committee constituted under section 49 of the Australian Soldiers’ Repatriation Act 1920-1940;

“Patriotic Funds Board” means a Patriotic Funds Board appointed in any Territory in pursuance of the National Security (Patriotic Funds) Regulations;

“State Repatriation Board” means a Repatriation Board for a State constituted under the Australian Soldiers’ Repatriation Act 1920-1940;

“Territory” means Territory of the Commonwealth;

“the Commission” means the Repatriation Commission constituted under the Australian Soldiers’ Repatriation Act 1920-1940;

“the trustees” means the trustees of any fund in relation to which the expression is used, and includes the treasurer, the secretary and any person actually controlling the fund;

“war fund” means any fund established, or to be established, for the purpose of raising money to be made available to the Commonwealth for use in connexion with any war in which His Majesty is engaged, or for purposes including any such purpose, but does not include any fund the moneys subscribed to which are to be used for the purchase of War Savings Certificates, or for any other purpose specified by the Treasurer by order published in the Gazette.

Administration.

4. Subject to the directions of the Treasurer, the Commission shall be responsible for the administration of these Regulations, and shall exercise and perform such powers and functions in relation to war funds as are prescribed by these Regulations.

Delegation by Commission to Boards.

5.—(1.) The Commission may, by instrument in writing, delegate any or all of its powers or functions under these Regulations (except this power of delegation)—

(a) in relation to any matters or class of matters in any State to the State Repatriation Board for that State; and

(b) in relation to any matters or class of matters in any Territory to the Patriotic Funds Board in that Territory,

so that the delegated powers and functions may be exercised by the Board to which they are delegated with respect to the matters or class of matters specified in the instrument of delegation within the State or Territory as fully and effectually as by the Commission.

(2.) Every delegation under this regulation shall be revocable at will and shall not prevent the exercise of any power or function by the Commission.

(3.) The exercise of the powers and functions conferred upon a Board shall—

(a) be limited to funds established, or to be established, within the limits of the State for which, or the Territory in which, the Board is appointed; and

(b) be subject to any directions given by the Commission.

 

(4.) There shall be an appeal to the Commission from any decision of a Board under these Regulations and the decision of the Commission on the appeal shall be final.

Delegation by Boards to Local Committees.

6.—(1.) A Board may, subject to the approval of the Commission, by instrument in writing, delegate all or any of its powers or functions under these Regulations (including powers and functions delegated to it but not including this power of delegation) in relation to any matters or class of matters to a Local Committee in the State for which, or the Territory in which, the Board is constituted or appointed so that the delegated powers and functions may be exercised by the Local Committee with respect to the matters or class of matters specified in the instrument of delegation within the district for which the Committee is appointed or within any other area specified in the instrument of delegation as fully and as effectually as by the Board.

(2.) Every delegation under this regulation shall be revocable at will and shall not prevent the exercise of any power or function by the Board or by the Commission.

(3.) There shall be an appeal to the Board from any decision of a Local Committee under these Regulations.

Funds not to be established or moneys raised without permission.

7.—(1.) Subject to the next succeeding sub-regulation, a person shall not, without the approval in writing of the Commission, a Board, or a Local Committee acting under powers delegated by a Board, proof of which approval shall lie upon him—

(a) establish any war fund;

(b) invite subscriptions or contributions, whether in money or in kind, to any war fund; or

(c) raise money by any means whatsoever for any war fund.

(2.) The Commission may, by notice published in the Gazette, direct that it shall not be necessary to obtain approval for the raising of money for war funds by means of any class of entertainment or function specified in the notice and the Commission or a Board may, by notice in writing to the secretary or treasurer of any fund, direct that approval shall not be necessary for the raising of money for the fund by means of any entertainment or function specified in the notice.

Applications for approval to establish funds.

8.—(1.) An application for approval under the last preceding regulation shall be made—

(a) where the fund is to be established, subscriptions or contributions to be invited, or money to be raised—

(i) in one State only—to the State Repatriation Board for that State; or

(ii) in one Territory only—to the Patriotic Funds Board in that Territory;

(b) where the fund is to be established, subscriptions or contributions to be invited, or money to be raised, in one district or area only, and the powers of a Board have been delegated in respect of that district or area to a Local Committee—to the Local Committee; and

(c) in any other case—to the Commission.

 

(2.) An application for approval to establish a fund shall contain a statement of the purposes for which the fund is to be established, the proposed name of the fund, the names of the persons who are to act as trustees, and such other information as the Commission, Board or Local Committee requires.

(3.) An application for approval to invite subscriptions or contributions to, or to raise money for, a fund shall contain such information as the Commission, Board or Local Committee requires.

Consideration of applications.

9.—(1.) The Commission, Board or Local Committee shall consider each application made in pursuance of these Regulations and—

(a) may grant the application, either unconditionally or subject to such conditions as to the management of the fund, the manner of obtaining and collecting subscriptions or contributions to the fund or any other matters connected therewith, as appear desirable to the Commission, Board or Local Committee, as the case may be; or

(b) may refuse the application.

(2.) The Commission, Board or Local Committee may limit the period of any appeal for subscriptions or contributions to, or for the raising of money for, any fund, and may determine the amount and class of expenditure which may be incurred in connexion with any such appeal.

(3.) Upon the grant of approval in pursuance of this regulation, it shall be lawful to establish the fund, invite subscriptions or contributions to, or to raise money for, the fund (as the case may be) subject to compliance with the conditions (if any) subject to which the approval is granted and with the provisions of these Regulations.

Powers of Commission, Boards and Committees to exercise control in relation to funds.

10.—(1.) The Commission, Board or Local Committee, as the case may be, may, in relation to any fund established with its approval under these Regulations, by notice published in the Gazette or by notice in writing to the secretary or treasurer of the fund—

(a) give such directions to the trustees of the fund as appear to be desirable to ensure the proper administration, distribution and disposal of the fund;

(b) determine the forms of balance-sheets and returns as to receipts and disbursements to be furnished from time to time in connexion with the fund;

(c) require the trustees to produce any documents or vouchers or furnish any information in relation to the fund;

(d) prohibit the holding of any carnival, fête or other entertainment for the purpose of raising moneys in connexion with the fund, or require the postponement of any such carnival, fête or other entertainment to a date fixed by the Commission, Board or Local Committee; and

(e) at any time withdraw its approval, or vary or add to the conditions imposed at the time of the grant of approval,

and may, in the same manner, revoke or vary any such notice.

(2.) A notice published in the Gazette under this regulation may be expressed to apply to all funds, whether established before or after the publication of the notice, or to any particular fund or class of funds.

 

Power to wind up fund when approval withdrawn.

11. Where the Commission, a Board or a Local Committee has withdrawn its approval to the establishment of any fund, the Commission, Board or Local Committee may give such directions to the trustees and take such other action as appears to it to be desirable for the purpose of winding up the affairs of the fund, or for ensuring that any moneys in the fund are disbursed in a proper manner.

Treasurer may direct fund to be wound up.

12. The Treasurer may, by order published in the Gazette, direct that the affairs of any fund be wound up, and that any moneys remaining unexpended in the fund shall be paid by the person in whose hands they are to the Commonwealth.

Trustees to furnish information to Commission or Board when required.

13. The trustees of any fund shall, within thirty days after being at any time so required by the Commission or a Board, furnish to the Commission or Board, as the case may be, a statement in duplicate, audited by a competent person and signed by the secretary or treasurer of the fund, setting forth such particulars as are required by the Commission or Board, as the case may be, with respect to—

(a) the amount for the time being in the fund;

(b) the amount paid to the Commonwealth out of the fund;

(c) the amounts paid by way of expenses in connexion with the fund (including any amounts expended in connexion with the collection of subscriptions or contributions or in connexion with the administration of the fund) and the names, addresses and descriptions of persons to whom those amounts have been paid;

(d) any obligations incurred or undertaken by the trustees involving future expenditure; and

(e) any other matters in relation to the fund in respect of which information is desired by the Commission or Board.

Moneys to be paid into Trust Account.

14.—(1.) Moneys received by the trustees of any fund shall forthwith be deposited by them in a separate Trust Account to be opened with a bank.

(2.) Every such account shall be operated on only by cheque signed by the treasurer or secretary of the fund and countersigned by a trustee, or in such other manner as is approved by the Commission or Board.

Payment of moneys to the Commonwealth.

15.—(1.) The moneys standing to the credit of an account referred to in the last preceding regulation, except such part thereof as is required for proper disbursements in connexion with the fund, shall forthwith be paid to the Commonwealth.

(2.) The Commission or a Board may at any time give directions to the trustees of the fund to pay the whole or any part of those moneys to the Commonwealth.

Disallowance of expenditure.

16.—(1.) The Commission or a Board may disallow any disbursement from a fund which, in the opinion of the Commission or Board, was not properly payable.

(2.) There shall be an appeal to the Treasurer from any disallowance made by the Commission or a Board under the last preceding sub-regulation.

 

(3.) If no such appeal is made within fourteen days after the disallowance, or if the appeal is dismissed, the trustees shall pay to the Commonwealth the amount of the disbursement disallowed, and, in default of payment, the Commonwealth may recover the amount from the trustees in any court of competent jurisdiction as a debt due to the Commonwealth.

Improper use of moneys or goods.

17. A person in possession or control of any moneys or goods subscribed or contributed to, or raised for the purposes of, any war fund, shall not use or dispose of the money or goods for any other purpose.

Payment of moneys received for fund.

18. A person who receives any subscription or contribution to, or goods for, a war fund, or who raises any money for the purposes of a war fund, shall pay or deliver the subscription, contribution, money or goods to the trustees of the fund or to a person authorized to receive it on their behalf.

Funds already established.

19.—(1.) Where a war fund has been established prior to the date of commencement of these Regulations, the person having the control of the fund shall, within one month after that date, notify that fact—

(a) where the fund is established in one State only—to the State Repatriation Board for that State; or

(b) where the fund is established in one Territory only—to the Patriotic Bunds Board in that Territory; and

(c) in any other case—to the Commission,

and shall furnish to the Commission or Board, as the case requires, particulars of any approval granted by any authority for the establishment of the fund.

(2.) The provisions of these Regulations shall, mutatis mutandis, be applicable to any such fund in like manner as if the fund had been established with the approval of the Commission or a Board.

(3.) The Commission or Board may direct that the affairs of any such fund shall be wound up, and thereupon the Commission or Board, as the case requires, may give such directions to the trustees and other persons holding office or exercising control of moneys in connexion with the fund and take such other action as appears to it to be desirable for that purpose, or for ensuring that any moneys in the fund, after all proper disbursements have been made, are paid to the Commonwealth.

Refusal or failure to furnish information or comply with directions.

20.—(1.) A person shall not, upon being required in pursuance of these Regulations to furnish any information or particulars to the Commission, a Board or a Local Committee—

(a) refuse, or fail, without reasonable excuse (proof whereof shall lie upon him), to furnish the information or particulars; or

(b) furnish any statement which is, to his knowledge, false in any material particular.

(2.) The trustees of a fund, and other person holding office or exercising control over moneys in connexion with any fund, shall comply with all directions given to him by the Commission, a Board or a Local Committee in pursuance of these Regulations (including any directions for the purpose of carrying out any order under regulation 12 of these Regulations) and all conditions imposed by the Commission, the Board or Local Committee in pursuance of these Regulations.

Banks to supply information as to certain accounts.

21. Whenever any account is opened with any bank under a name indicating that the account is in respect of a war fund, the bank shall forthwith notify that fact to the Commission, or to the Board for the State, or in the Territory, in which the account is opened, and shall furnish to the Commission or the Board such information relating to the account as the Commission or Board requires.

Powers of bodies in relation to gifts and loans.

22.—(1.) A body, whether corporate or unincorporate (other than a body corporate which is an authority of a State or a local authority) is hereby authorized and empowered—

(a) to make a gift of moneys or goods to the Commonwealth for war purposes, to any war fund, or to any patriotic fund within the meaning of the National Security (Patriotic Funds) Regulations; and

(b) to lend moneys to the Commonwealth for war purposes on such terms as it thinks fit,

notwithstanding that, apart from this regulation, the body has not, or had not, power to make such a gift, to lend moneys to the Commonwealth, or to lend moneys to the Commonwealth on the terms referred to.

(2.) In this regulation, “local authority” includes—

(a) any city, municipal, district or shire council; and

(b) any water board, electricity board, sewerage board, harbour board, transport board or roads board constituted by or under the law of a State.

Repayment of interest-free loans.

23. Where the Commonwealth has repaid the amount of any interest-free loan made to the Commonwealth, it shall not be under any liability to any other person in respect of that loan.

 

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