Re-establishment and Employment (Allowances and Loans) Regulations (Amendment) (Cth)

STATUTORY RULES.

1952. No. 33.

REGULATIONS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945-1951.*

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 Re-establishment and Employment, Act 1945-1951.

Dated this twenty-third day of April, 1952.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

Amendments of the Re-establishment and Employment (Allowances and Loans) Regulations.

Definitions.

1. Regulation 3 of the Re-establishment and Employment (Allowances and Loans) Regulations is amended by omitting the definition of “the Act” and inserting in its stead the following definition:—

“‘the Act’ means the Re-establishment and Employment Act 1945-1951;”.

2. After regulation 37 of the Re-establishment and Employment (Allowances and Loans) Regulations the following regulations are added:—

Extension of certain provisions to Korea and Malaya members.

“38.—(1.) In this regulation and regulations 39 and 40 of these Regulations, ‘member’ means a member of the Forces within the meaning of section 139 of the Act.

“(2.) The provisions of these Regulations; except regulation 2, apply to and in relation to members within the meaning of this regulation and for the purposes of those provisions in their extended operation—

(a)a reference to a member shall be read as a reference to a member within the meaning of this regulation; and

(b) a reference to the provisions of Divisions 2, 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.

 

* Notified in the Commonwealth Gazette on , 1952.

  Statutory Rules 1945, No. 190, as amended by Statutory Rules 1946, No. 181; and 1948, Nos. 81 and 130.

592.—Price 3d. 9/14.2.1951.

 

“(3.) For the purposes of the extended application of regulation 5 of these Regulations, that regulation shall be read as if the words ‘Section 43;’ were omitted.

Period within which application for re-establishment loan is to be made—Korea and Malaya members.

“39. A loan shall not be made or a guarantee given 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 or widows of 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.

Period within which business re-establishment allowance is to be made—Korea and Malaya members.

40. A business re-establishment allowance 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 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 or widows of 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.”.

Commencement.

3. These Regulations shall be deemed to have come into operation on the eleventh day of January, 1952.

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