Re-establishment and Employment (Allowances and Loans) Regulations (Cth)
made under the
This compilation was prepared on 18 January 2001
taking into account amendments up to SR 1986 No. 228
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Page
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These Regulations may be cited as the Re-establishment and Employment (Allowances and Loans) Regulations.
Regulation 5 and such other of the provisions of these Regulations as confer rights or benefits on members, shall be deemed to have come into operation on the twenty-seventh day of August, 1945.
In these Regulations, unless the contrary intention appears:
allowance means:
(a) an allowance referred to in section 43 of the Act;
(b) a re-employment allowance within the meaning of Division 2 of Part VI of the Act; and
(c) a business re-establishment allowance referred to in section 101 of the Act.
applicant means a person applying for, or claiming, an allowance or loan.
approved form means a form approved by the Commission.
loan means a loan within the meaning of Division 3 of Part VI of the Act and includes any amount which, under section 92 or section 102 of the Act, is deemed to be a loan.
member means a member of the Forces as defined in section 4 of the Act.
security means a security (other than a security over land) in such form as is approved by the Commission or a security over land in the appropriate form in use in the State or Territory of the Commonwealth where the land is situate.
the Act means theRe-establishment and Employment Act 1945-1951 .
the Commission means the Repatriation Commission.
the Register means the Register of Securities (other than securities over land) established in pursuance of regulation 31 of these Regulations.
Nothing in these Regulations shall apply in relation to allowances or loans under Division 3 or 4 of Part VI of the Act to any person in respect of an agricultural occupation.
The Commission shall be a prescribed authority for the purposes of the following provisions of the Act, namely:
Section 43;
Division 2 of Part VI; and
Divisions 3 and 4 of Part VI in respect of occupations, businesses or practices, other than agricultural occupations.
The following shall be prescribed occupations, businesses or practices, as the case may be, for the purposes of subsection (1) of section 93 of the Act:
(a) Any occupation within the building construction industry;
(b) The occupation or business of:
air transport (commercial); baking; boat building; boot manufacturing; boring contracting; building materials manufacturing or contracting; butchering; clothing contracting; clothing retailing; coach and motor body building; conducting an authorized newsagency, a business college, cafe or delicatessen (the business being confined to such), cooperage, grocery (other than a mixed business), guest house, hospital, laundry, mobile moving picture outfit, motor engineering works or service station or omnibus service or a private school (registered or approved); constructional contracting; cordial manufacturing; deep-sea fishing; dry cleaning; electrical appliance manufacturing; electro-plating; flour milling; food processing; furniture manufacturing; furniture retailing; general engineering; general store keeping; haulage contracting; ironmongery and hardware retailing; jewellery manufacturing; mining (excluding prospecting) for asbestos or gold; motion picture exhibiting or producing; pearling; printing; produce merchant store keeping; radio manufacturing; rural contracting; saw-milling; tanning; tyre moulding and re-treading; undertaking; water transport (sea and inland rivers); or woollen goods and textile manufacturing; and
(c) The practice of the profession of:
architect; barrister; chemist (pharmaceutical, analytical or research); dentist; engineer (civil, electrical, mechanical or mining); medical practitioner; optician; solicitor; surveyor; or veterinary surgeon.
(1) A claim or an application for an allowance or loan shall be made in writing to the Commission in accordance with the approved form and shall set out the nature and extent of the allowance or loan which the applicant requires, and the purposes for which it is required.
(2) Subject to the Act and these Regulations, claims and applications shall be dealt with in the manner laid down from time to time by the Commission in General Orders.
Any person to whom a loan is made shall at all reasonable times permit any person authorized in writing by the Commission to enter upon land or premises upon which there is any property which has been acquired from the amount of that loan and shall produce to the person so authorized such books, documents and goods, and disclose to him such information, as he requires in relation to the property.
(1) A person to whom an order is granted by or on behalf of the Commission in relation to a loan shall not transfer the order to any other person.
(2) A trader or person to whom any such order is presented shall not supply to the person presenting the order any money or any goods other than the goods specified in the order.
A person to whom money is lent or property is made available for any purpose shall not, unless the consent in writing of the Commission has first been obtained:
(a) use the money or property for any other purpose; or
(b) sell or otherwise dispose of, or in any way pledge, mortgage or deposit, by way of security, any property so made available or any goods purchased out of the money so lent.
A person shall not, as security for a loan:
(a) mortgage any land or chattel which is subject to a charge or encumbrance without disclosing to the Commission the existence of that charge or encumbrance; or
(b) attempt to mortgage to the Commission any chattel of which he is not the owner.
(1) A person shall, if so required by the Commission by notice in writing, furnish to an officer specified in the notice, within the time so specified:
(a) a confidential written report of the facts within his knowledge relating to any matter so specified; or
(b) written answers to any questions so specified;
concerning any applicant or person to whom any allowance has been granted, or any person in respect of whom an allowance has been claimed.
(2) No proceedings, civil or criminal, except for an offence against these Regulations, shall lie against any person in respect of any information in any report or answer furnished by him in pursuance of this regulation.
A person shall not:
(a) make, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any application for a loan or allowance or a review of any loan or allowance;
(b) obtain any loan or allowance which is not payable;
(c) obtain payment of any moneys by way of loan or allowance by means of any false or misleading statement; or
(d) make or present to any officer, in relation to an application, any statement or document which is false in any particular.
(1) Every form in relation to an allowance or a loan shall be signed personally by the person who is required to sign the form.
(2) Where any person who is unable to sign his name makes a mark as his signature to a form, the mark shall be deemed to be his personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the form as such witness.
(3) A person shall not sign the name of any other person on any form.
(4) A person shall not sign his name on any form under the Act or these Regulations as a signature to such form, unless the form has been filled in so as to be ready for use without further addition.
(5) This regulation shall not affect the liability of any person to be proceeded against under any other law, but he shall not be liable to be punished twice in respect of the same offence.
Any person who contravenes, or fails to comply with, any provision of these Regulations shall be guilty of an offence punishable on conviction by a fine not exceeding Fifty pounds.
(1) For the purposes of this regulation:
(a) any reference to ‘loans under the Australian Soldiers’ Repatriation Regulations shall be read as a reference to ‘loans’ within the meaning of regulation 53 of those Regulations; and
(b) 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 to any one eligible person, whether before or after the commencement of this regulation, the amounts of all loans granted to that person shall be added to the amounts of all loans under Division 3 of Part VI of the Act in respect of an agricultural occupation, all training loans, all loans under the Australian Soldiers’ Repatriation Regulations 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 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.
A security shall not be liable to be avoided, invalidated, postponed or defeated, or have its operation lessened, weakened or restricted by any law of a State inconsistent with the Act or these Regulations.
The force and effect of a security shall not be lessened, weakened defeated or avoided by reason of:
(a) any extension of time for the payment of money or for the doing of any act, or other variation of its conditions, granted by the Commission or any officer of the Commonwealth to the person who gave the security or to any other person, but the security shall have effect in all respects as if the time or condition as so extended or varied had at all material times appeared in the security in lieu of the time or condition therein appearing; or
(b) any accidental misdescription of property or premises or any clerical error or omission, and the security shall be read and have effect in all respects as if such misdescription, error or omission had been corrected and the security had at all material times appeared as so corrected.
Any consent, demand, requirement, notice or application by the Commission to be given to or made to or upon or served upon a person giving a security shall be deemed to have been duly given, made or served, if signed for or on behalf of the Commission and posted in a prepaid letter addressed to the person giving the security at the address stated in the security, and shall be deemed to have been received by that person at the time at which in the ordinary course of post it would have reached that address.
Whenever a security is put in suit by the Commission, a certificate by the Commission, stating the amount then due to the Commission under the security for principal and interest, shall be evidence of the matters stated.
(1) If any obligation imposed upon a borrower by a personal security for repayment of a loan or by these Regulations is not complied with or if the borrower dies or becomes bankrupt or insolvent or makes any composition with or assignment of his estate to or for the benefit of his creditors, the full amount secured by the security shall become immediately due and payable by the borrower or the executor or administrator of the borrower, as the case may be, and recoverable by the Commission.
(2) Nothing in this regulation shall make the executor or administrator personally liable for the payment of any moneys due and payable under this regulation.
Unless it is otherwise specifically provided in the mortgage, a security in the form of a mortgage of specific chattels shall impose upon the mortgagor:
(a) an obligation not to sell, dispose of, mortgage, or part with the possession of any of the mortgaged chattels or remove any of them from the premises where they are situated as stated in the mortgage or from any other premises to which they have been removed with the consent of the Commission;
(b) an obligation to keep the mortgaged chattels in good and substantial repair and to preserve them from damage or destruction and to substitute other chattels of a similar kind and of not less value for any of the mortgaged chattels which cease to exist or are destroyed, damaged or deteriorated (which substituted chattels shall for all purposes of the mortgage and these Regulations be included in the term ‘mortgaged chattels’);
(c) an obligation duly and promptly to pay and discharge and keep paid and discharged all rents, rates, taxes, and outgoings of whatsoever kind payable or chargeable upon or in respect of the mortgaged chattels or any of them and the premises where the mortgaged chattels are situated, and to produce and hand over receipts evidencing such payment whenever required so to do by the Commission;
(d) an obligation to insure and keep insured, in the joint names of the Commission and the mortgagor, in an office approved by the Commission for that purpose:
(i) any mortgaged chattels other than motor vehicles against loss or damage by fire; or
(ii) any mortgaged chattel, being a motor vehicle, under a comprehensive policy approved by the Com fire, accident or theft;
for the full amount secured by the mortgage;
(e) an obligation to pay and, whenever required by the Commission so to do, to produce and hand over to the Commission receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue; and
(f) an obligation to permit any officer of the Department to enter the premises where the mortgaged chattels or any of them are situated at all reasonable times and inspect the chattels.
A security in the form of a mortgage of specific chattels shall charge for the benefit of the Commission:
(a) the mortgaged chattels and each and every of them;
(b) any chattels substituted by the mortgagor for the mortgaged chattels or any of them; and
(c) where the mortgaged chattels are live-stock — the progeny of the mortgaged chattels and of any chattels substituted for the mortgaged chattels;
with the full amount lent and all interest payable under the mortgage.
The charge of the Commission under a security in the form of a mortgage of specific chattels:
(a) shall not be lessened, weakened, postponed, defeated, avoided or discharged by any subsequent sale, disposition or mortgage of the mortgaged chattels; and
(b) shall be subject to any prior existing legal charge upon the mortgaged chattels.
Unless it is otherwise specifically provided in the mortgage, a security in the form of a mortgage of the chattels constituting the stock-in-trade of a business shall impose upon the mortgagor:
(a) an obligation not to sell, dispose of, mortgage or part with the possession of any of the mortgaged chattels or remove any of them from the premises where they are situated as stated in the mortgage otherwise than in the ordinary and usual course of trade in that business;
(b) an obligation to replace from time to time with other chattels of a similar kind and of not less value all mortgaged chattels which are destroyed, damaged or deteriorated, or sold or disposed of in the course of trade so that the value of the stock-in-trade of the business shall not at any time fall below its value at the date of the mortgage (which other chattels shall for all purposes of the mortgage and these Regulations be included in the terms ‘mortgaged chattels’);
(c) an obligation to pay and discharge and keep paid and discharged all rents, rates, taxes, and outgoings whatsoever payable on or in respect of the mortgaged chattels and the premises where the mortgaged chattels or any of them are situated and to produce receipts evidencing such payment whenever required so to do by the Commission;
(d) an obligation to insure and keep insured the mortgaged chattels against fire in the joint names of the Commission and of the mortgagor in an office approved by the Commission for that purpose for the full amount secured by the mortgage;
(e) an obligation to pay and, whenever required so to do by the Commission, to produce and hand over to the Commission receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue; and
(f) an obligation to permit any officer of the Department to enter the premises where the mortgaged chattels or any of them are situated at all reasonable times and inspect the chattels and all business books and documents of the mortgagor.
A security in the form of a mortgage of the chattels constituting the stock-in-trade of a business shall charge for the benefit of the Commission the stock-in-trade of the business for the time being on the premises specified in the mortgage with the full amount lent and all interest payable under the mortgage.
The charge of the Commission under a security in the form of a mortgage of the chattels constituting the stock-in-trade of a business:
(a) shall not be lessened, weakened, postponed, defeated, avoided or discharged by any subsequent sale, disposition or mortgage of the mortgaged chattels other than a sale or disposition in the ordinary and usual course of trade in that business; and
(b) shall be subject to any prior existing legal charge upon the mortgaged chattels.
For the purposes of regulations 24 and 26 of these Regulations a sale or disposition of the whole or a substantial part of the stock-in-trade of the business is not a sale or disposition in the ordinary and usual course of trade in that business.
(1) If any obligation imposed upon a mortgagor by a security in the form of a mortgage of chattels or by these Regulations is not complied with, or if the mortgagor dies or becomes bankrupt or insolvent or makes any composition with or assignment of his estate to or for the benefit of his creditors:
(a) the Commission may:
(i) by its officers or agents enter, if necessary by force, any premises where the mortgaged chattels or any of them are or are reasonably suspected to be and take possession of and remove the mortgaged chattels;
(ii) sell the mortgaged chattels or any of them either by auction or private contract, and may apply the proceeds of the sale:
Firstly — in reimbursing the expenses of the sale;
Secondly — in payment of any interest payable under the mortgage;
Thirdly — in repayment of the amount lent and due under the mortgage; and
Fourthly — in payment to the mortgagor or the executor or administrator of the mortgagor, as the case may be, of any balance then remaining; or
retain the mortgaged chattels or any of them without sale;
(iii) recover from the mortgagor or the executor or administrator of the mortgagor, as the case may be, the full amount lent and all interest payable under the mortgage after giving the mortgagor or the executor or administrator of the mortgagor, as the case may be, credit for:
(1) any amounts repaid by the mortgagor or the executor or administrator of the mortgagor, as the case may be;
(2) the net proceeds of the sale of any of the mortgaged chattels which have been sold by the Commission; and
(3) the value ascertained by agreement with the mortgagor or the executor or administrator of the mortgagor, as the case may be, or by the valuation of an independent valuer of any of the mortgaged chattels retained by the Commission without sale; or
(b) the Commission may, without having recourse to the mortgaged chattels, recover from the mortgagor or the executor or administrator of the mortgagor, as the case may be, the full amount lent and all interest payable under the mortgage after giving credit for any amount repaid by the mortgagor or the executor or administrator of the mortgagor, as the case may be; or
(c) if the obligation not complied with is the obligation to insure and keep insured the mortgaged chattels, the Commission may insure and keep insured the chattels and the cost of such insurance shall be added to the amount due under the mortgage and for all purposes of the mortgage and these Regulations be deemed to be included in the term ‘amount lent’.
(2) Nothing in this regulation shall make the executor or administrator personally liable for the payment of any moneys due and payable under this regulation.
A security in the form of a mortgage of chattels shall without filing or registration in accordance with the laws relating to bills of sale in the State or Territory of the Commonwealth in which the mortgaged chattels are situated have the full force and effect of a bill of sale duly and validly filed, registered and renewed and in force under those laws.
(1) A person shall not, without the consent in writing of the Commission, sell, dispose of, or remove or deal with any chattel the subject of a security in the form of a mortgage of chattels in breach of or non-compliance with any obligation imposed upon the mortgagor by the mortgage or by these Regulations.
Penalty: Twenty-five pounds or imprisonment for three months.
(2) On the conviction of a mortgagor for an offence under this regulation, the Court may, in addition to imposing a penalty:
(a) order the defendant to pay to the Commission the full amount of principal and interest due under the mortgage; or
(b) order the defendant or any other person in possession of the mortgaged chattels or any of them to deliver the chattels to the Commission forthwith.
To assist in the protection of the public against possible frauds, the Commission shall establish and keep in each State a Register of Securities (other than securities overland) accepted in that State.
The Register in each State shall be kept in the office of the Commission in the State.
(1) As soon as practicable, but not later than fourteen days after a security (other than a security over land) has been accepted, particulars of that security shall be entered in the Register.
(2) As soon as practicable, but not later than fourteen days after a security (other than a security over land) has ceased to be in force, an entry of that fact shall be made in the Register.
The form and contents of entries to be made in the Register shall be determined from time to time by the Commission.
(1) Any person shall be entitled to search the Register and make extracts therefrom on payment of a search fee of One shilling for each period of five minutes occupied in the search, or such search fee as is from time to time determined by the Commission.
(2) A person, firm or company shall not print, publish, sell or expose for sale, any book, periodical, pamphlet, circular, handbill, poster, or newspaper, containing any extract made from the Register:
Provided that any organization approved by the Minister may publish extracts from the Register appertaining to mortgages of chattels.
No liability shall be incurred by the Commonwealth or by the Commission, or by any officer of the Commonwealth by reason of any entry having been made in or omitted from the Register, or by reason of anything having been inserted in or omitted from any entry in the Register.
(1) Except as provided in the next succeeding subregulation, nothing in these Regulations shall entitle any person to inspect any security or any other document in the possession or under the control of the Commission.
(2) A person may, on payment of a fee of Two shillings, inspect any security, being a mortgage of chattels, filed in the office of the Commission.
(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.
(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.
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 subparagraphs 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.
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 subparagraphs 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.
Notwithstanding anything contained in these Regulations, or in regulation 4 of Statutory Rules 1946, No. 181, regulations 16, 17 and 20 to 37 (inclusive) of these Regulations do not apply to or in relation to a security to secure the repayment of a loan or the guarantee of the repayment of a loan where the security or guarantee is executed on or after the first day of July, 1954.
The Re-establishment and
Employment (Allowances and Loans) Regulations (in force under the
1945 No. 190 | 6 Dec 1945 | 6 Dec 1945 | |
1946 No. 181 | 12 Dec 1946 | 12 Dec 1946 | R. 4 |
1948 No. 81 | 25 June 1948 | 25 June 1948 | — |
1948 No. 130 | 29 Sept 1948 | 29 Sept 1948 | — |
1952 No. 33 | 24 Apr 1952 | 11 Jan 1952 | — |
1954 No. 59 | 27 May 1954 | 27 May 1954 | — |
1986 No. 228 | 4 Sept 1986 | 4 Sept 1986 | — |
am. = amended rep. = repealed rs. = repealed and substituted | ||
R. 3.......................................... | am. 1946 No. 181; 1952 No. 33; 1986 No. 228 | |
R. 5A....................................... | ad. 1946 No. 181 | |
am. 1948 No. 130 | ||
Rr. 6, 7.................................... | am. 1986 No. 228 | |
R. 9.......................................... | am. 1986 No. 228 | |
R. 11........................................ | am. 1986 No. 228 | |
R. 15........................................ | ad. 1946 No. 181 | |
rs. 1948 No. 81 | ||
Rr. 16–18................................ | ad. 1946 No. 181 | |
R. 19........................................ | ad. 1946 No. 181 | |
am. 1986 No. 228 | ||
Rr. 20–31................................ | ad. 1946 No. 181 | |
R. 32........................................ | ad. 1946 No. 181 | |
am. 1986 No. 228 | ||
Rr. 33–37................................ | ad. 1946 No. 181 | |
Rr. 38–40................................ | ad. 1952 No. 33 | |
R. 41........................................ | ad. 1954 No. 59 | |
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