National Security (War Service Moratorium) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 313.

 

REGULATIONS 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 Regulations under the National Security Act 1939-1943.

Dated this thirty-first day of December, 1943.

(SGD.) GOWRIE.

Governor General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (War Service Moratorium) Regulations. 

Definitions.

1. Regulation 5 of the National Security (War Service Moratorium) Regulations is amended by omitting the definition of “female dependant of a member “and inserting in its stead the following definition:—

“‘female dependant of a member’ means a female who is wholly or partly dependent for her support upon the pay of, or upon a pension payable in consequence of the incapacity or death of, a person who is or has been a member of the Forces, and includes—

(a) the wife of a person who, having been a member of the Defence Force engaged on war service during the present war—

(i) has been discharged from the Defence Force; or

(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation; and

(b) the widow of a member of the Forces who died while engaged on war service;”.

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; 1942, Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90, 124, 129 and 187.

5455.—Price 3d.  8/8.9.1943.

 

Postponement of certain payments.

2. Regulation 7 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) If the person liable to pay the principal or purchase money is a member of the Forces or a female dependant of a member (not being the widow of a member of the Forces who died while engaged on war service) and the member dies while engaged on war service, the time for payment shall be postponed so that the payment shall fall due upon the expiration of the period of six months immediately following the date of his death.

“(3a.) If the person liable to pay the principal or purchase money is the widow of a member of the Forces who died while engaged on war service, the time for payment shall be postponed so that the payment shall fall due upon the expiration of the period of six months immediately following the date on which His Majesty ceases to be engaged in war.”.

Restriction on execution and other remedies.

3. Regulation 15 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the words “proceed to execution on or otherwise to the enforcement of” and inserting in their stead the words “commence, proceed with or put in force any execution, or any other process or proceeding, to enforce”; and

(b) by omitting from sub-regulation (1a.) the words “proceeded to execution on or otherwise to the enforcement of” and inserting in their stead the words “commenced, proceeded with or put into force any execution, or any other process or proceeding, to enforce”.

Continuation of protection afforded.

4. Regulation 17 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) Where the person protected is a member of the Forces or a female dependant of a member (not being the widow of a member of the Forces who died while engaged on war service) and the member dies while engaged on war service, the protection shall continue until the expiration of the period of six months immediately following the date of his death.

“(2a.) Where the person protected is the widow of a member of the Forces who died while engaged on war service, the protection shall continue until the expiration of the period of six months immediately following the date on which His Majesty ceases to be engaged in war.”.

Interpretation.

5. Regulation 27 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the word “or” (last occurring); and

(b) by omitting paragraph (b) of that sub-regulation and inserting in its stead the following paragraphs:—

“(b) in relation to a policy of life assurance issued to a female dependant of a member of the Forces (not being a widow of a member of the Forces who died while engaged on war service)—

(i) the period specified in the last preceding paragraph; or

 

(ii) if the member of the Forces dies or has died while engaged on war service, any period during which the member is or was engaged on war service up to the date of his death, together with the period of six months immediately succeeding that date; or

“(c) in relation to a policy of life assurance issued to the widow of a member of the Forces who dies or has died while engaged on war service—any period during which the member is or was engaged on war service up to the date of his death, together with the period commencing with the date of the death of the member and ending six months after the date on which His Majesty ceases to be engaged in war.”.

Definitions.

6. Regulation 28a of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting the definitions of “discharged member of the Forces” and “female dependant of a member” and inserting in their stead the following definitions:—

“‘discharged member of the Forces’ means a person who, having been a member of the Defence Force engaged on war service during the present war—

(a) has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding six months; or

(b) having been discharged from the Defence Force, or having ceased to be engaged on war service, for a period exceeding six months—

(i) is receiving a pension from the Commonwealth; or

(ii) is not receiving such a pension, but is receiving from the Commonwealth, medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation;

‘female dependant of a member’ means a female who is wholly or partly dependent for her support upon the pay of, or upon a pension payable in consequence of the incapacity or death of, a person who is or has been a member of the Forces, and includes—

(a) the wife of a person who, having been a member of the Defence Force engaged on war service during the present war—

(i) has been discharged from the Defence Force; or

 

(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation; and

(b) the widow of a member of the Forces who died while engaged on war service;”; and

(b) by omitting the definition of “parent of a member” and inserting in its stead the following definition:—

“‘parent of a member’ means a parent of a person who is, or has been, a member of the forces, who is wholly or partly dependent for his support upon the pay or pension of that person, and includes a parent of a person who, having been a member of the Defence Force engaged on war service during the present war—

(a) has been discharged from the Defence Force; or

(b) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation and upon whose pay that parent was, immediately prior to the discharge of that person, or immediately prior to that person ceasing to be engaged on war service, wholly or partly dependent for his support;”.

Application of certain provisions of National Security (Landlord and Tenant) Regulations.

7. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended by inserting in paragraph (e) of sub-regulation (8.), after the word “occupation” (first occurring), the words “, or for the occupation of some person who ordinarily resides with, and is wholly or partly dependent upon, him,”.

 

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