RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - Incorporating all amendments by legislation made to
31 July 1980
- Reprinted as at 31 July 1980 (HISTREG CHAP 67 #DATE 31:07:1980)
*1* The Re-establishment and Employment (Allowances and Loans- Agricultural Occupations) Regulations (in force under the Re-establishment and Employment Act 1945) as shown in this reprint comprise Statutory Rules 1945 No. 182 as amended by the other Statutory Rules specified in the following table: ------------------------------------------------------------------------------ -- Year and number Date of notification Date of in Gazette commencement Application, saving or transitional provisions ------------------------------------------------------------------------------ -- 1945 No. 23 Nov 1945 23 Nov 1945 - 182 1946 No.5 17 Jan 1946 17 Jan 1946 - 180 12 Dec 1946 12 Dec 1946 - 1948 No.74 25 June 1948 25 June 1948 - 1953 No.83 17 Sept 1953 Rr.1 and 2: - 17 Sept 1953 R.3:11 Jan 1952 1956 No.14 1 Mar 1956 1 Mar 1956 - 1977 No. 117 12 July 1977 12 July 1977 - ------------------------------------------------------------------------------ -- RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
1A. Interpretation
2. Application of Regulations
3. Prescribed authorities
4. Interest on loans
5. Extension of Regulations to Korea and Malaya members
6. Period within which application for re-establishment loans is to
be
made-Korea and Malaya members
7. Period within which business re-establishment allowance is to be
made-Korea and Malaya members
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RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Re-establishment and Employment
(Allowances and Loans-Agricultural Occupations) Regulations.*1*
See notes to first article of this Chapter.
RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - SECT. 1A.
Interpretation
Substituted by 1953 No. 83 r. 1
1A. In these Regulations, "the Act" means the Re-establishment and
Employment Act 1945-1953.
RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - SECT. 2.
Application of Regulations
2. These Regulations shall apply in relation to allowances and loans under
Division 3 or 4 of Part VI of the Act to any person in respect of an
agricultural occupation.
RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - SECT. 3.
Prescribed authorities
Substituted by 1977 No. 117
3. A person who, in the Department of Primary Industry, is holding, or
performing the duties of, the office of-
(a) First Assistant Secretary in the Agriculture and Food Services
Division; or
(b) Assistant Secretary in the Grants Administration and Farm Services
Branch in that Division,
is a prescribed authority for the purposes of Divisions 3 and 4 of Part VI of
the Act in respect of agricultural occupations.
RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - SECT. 4.
Interest on loans
Substituted by 1948 No. 74
4. (1) For the purposes of this regulation-
(a) any reference to "other loans under the Act" shall be read as a
reference to "loans" within the meaning of the Re-establishment and
Employment (Allowances and Loans) Regulations and to training loans;
(b) any reference to "loans under the Australian Soldiers' Repatriation
Regulations*2*" shall be read as a reference to "loans" within the meaning
of the Australian Soldiers' Repatriation Regulations*2*;
(c) "training loan" means any loan, made under Part III of the Act to a
trainee under the Commonwealth Reconstruction Training Scheme, which has
become due for repayment to the Commonwealth.
(2) For the purpose of ascertaining the rate of interest (if any) payable on
a loan, or portion of a loan, made under Division 3 of Part VI of the Act to
any one eligible person in respect of an agricultural occupation, whether
before or after the commencement of this regulation, the amounts of all such
loans shall be added to the amounts of all other loans under the Act, all
loans under the Australian Soldiers' Repatriation Regulations*2* and all loans
under the Interim Forces Benefits Regulations made or granted to that person
and-
(a) where the aggregate amount of the loans does not exceed Fifty pounds,
no interest shall be charged;
(b) where the aggregate amount of the loans exceeds Fifty pounds, but does
not exceed Two hundred and fifty pounds, interest at the rate of two per
centum per annum shall be charged on the amount by which the aggregate amount
exceeds Fifty pounds;
(c) where the aggregate amount of the loans exceeds Two hundred and fifty
pounds, but does not include a training loan, or includes a training loan of
Two hundred and fifty pounds or less, interest shall be charged at the rate of
two per centum per annum on the first Two hundred pounds of the aggregate
amount in excess of Fifty pounds and at the rate of three and three-quarters
per centum per annum on so much of the aggregate amount as exceeds Two hundred
and fifty pounds; or
(d) where the aggregate amount of the loans exceeds Two hundred and fifty
pounds and includes a training loan of more than Two hundred and fifty pounds,
interest at the rate of two per centum per annum shall be charged on the
amount by which the training loan exceeds Fifty pounds, and interest at the
rate of three and three-quarters per centum per annum on the amount by which
the aggregate amount exceeds the amount of the training loan.
Added by 1953 No. 83 r. 2; amended by 1956 No. l4 r. 1
(3) Where-
(a) an eligible person has received a loan in respect of an agricultural
occupation under Division 3 of Part VI of the Act;
(b) the terms and conditions as determined by the prescribed authority on
which the loan has been made provide for the repayment of the loan by
instalments of the principal of, or interest on, the loan; and
(c) the eligible person is in arrears of an instalment,
the arrears of instalment shall bear interest at the rate of three and
three-quarters per centum per annum.
*2*R. 4-Now cited as the Repatriation Regulations.
RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - SECT. 5.
Extension of Regulations to Korea and Malaya members
Added by 1953 No. 83 r. 3
5. (1) In this regulation, "eligible person" means an eligible person within
the meaning of Divisions 3 and 4 of Part VI in their operation as extended by
Division 1 of Part XI of the Act.
(2) The operation of the provisions of these Regulations extends to, and in
relation to,, eligible persons within the meaning of this regulation and, for
the purposes of those provisions in their extended operation-
(a) a reference to an eligible person shall be read as a reference to an
eligible person within the meaning of this regulation;
(b) a reference to Divisions 3 and 4 of Part VI of the Act shall be read as
a reference to those provisions in their operation as extended by Division 1
of Part XI of the Act; and
(c) a reference to any loan made under Part III of the Act to a trainee
under the Commonwealth Reconstruction Training Scheme shall be read as a
reference to a loan under a Commonwealth scheme of vocational training for
members of the Forces within the meaning of section 139 of the Act or for
widows of those members.
RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - SECT. 6.
Period within which application for re-establishment loans is to be
made-Korea and Malaya members
Added by 1953 No. 83 r. 3
6. A loan shall not be made or a guarantee given in respect of an
agricultural occupation under Division 3 of Part VI of the Act in its
operation as extended by Division 1 of Part XI of the Act unless the
application for the loan or guarantee is made-
(a) within five years after-
(i) the date on which the applicant, or where the applicant is a
widow, her late husband, was discharged;
(ii) the date of the termination or completion of any training that
the applicant, or where the applicant is a widow, the applicant or her late
husband, received under a Commonwealth scheme of vocational training for
members of the Forces within the meaning of section 139 of the Act or for
widows of those members; or
(iii) the date of the termination or completion of any vocational
training that the applicant or, where the applicant is a widow, the applicant
or her late husband, has undertaken without expense to the Commonwealth; or
(b) where the applicant is a widow whose husband died while serving with
the Defence Force or died without making an application in relation to which
any of the sub-paragraphs of the last preceding paragraph applies before the
expiration of the period within which he could have applied if he had
lived-before-
(i) the date of the expiration of a period of one year after the
death of her husband; or
(ii) the date on which the youngest of her children (if any) attains
the age of six years,
whichever is the latest.
RE-ESTABLISHMENT AND EMPLOYMENT (ALLOWANCES AND LOANS-AGRICULTURAL
OCCUPATIONS) REGULATIONS - SECT. 7.
Period within which business re-establishment allowance is to be made-
Korea and Malaya members
Added by 1956 No. 14 r. 2
7. A business re-establishment allowance in respect of an agricultural
occupation is not payable under Division 4 of Part VI of the Act in its
operation as extended by Division 1 of Part XI of the Act unless an
application for the allowance is made-
(a) within the period within which an application may be made under the
last preceding regulation for a loan or guarantee in respect of an
agricultural occupation under Division 3 of Part VI of the Act in its
operation as extended by Division 1 of Part XI of the Act; or
(b) within the period of three years after the date on which the applicant
for the allowance commenced full-time working in that occupation,
whichever is the earlier.
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