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

STATUTORY RULES.

1949. No. 104.

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

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.

Dated this thirtieth day of November, 1949.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Post-war Reconstruction.

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Amendment of the Re-establishment and Employment Regulations.

After regulation 26 of the Re-establishment and Employment Regulations the following regulations are inserted:—

Definitions.

“27. Section four of the Principal Act is amended by adding at the end thereof the following sub-section:—

‘(3.) Where a person—

(a) was appointed or enlisted, on or before the thirtieth day of June, One thousand nine hundred and forty-seven, for service in a part of the Defence Force which was raised in time of war for war service, or enlisted, on or before that date, solely for service in time of war or for service during that time and a definite period thereafter; or

(b) enlisted in the Permanent Forces after the thirtieth day of June, One thousand nine hundred and thirty-seven, and before the first day of October, One thousand nine hundred and forty, for a definite period not exceeding twelve years,

and his service was not terminated before the thirtieth day of June, One thousand nine hundred and forty-nine, he shall, for the purposes of Divisions 1 and 3 of Part II., Part IV. and Divisions 2, 3 and 4 of Part VI. of this Act, be deemed to have ceased to be engaged on war service on the last-mentioned date.’.

 

* Notified in the Commonwealth Gazette on , 1949.

  Statutory Rules 1945, No. 181, as amended by Statutory Rules, 1946, Nos. 14, 57, 85, 130, 165 and 177; 1947, Nos. 12, 52, 87 and 100; 1948, Nos. 9. 57 and 73; 1949, No. 72.

4697—Price 3d. 9/15.11.1949.

 

“28. Section five of the Principal Act is amended by adding at the end thereof the following sub-section:—

Extension of certain provisions of Act to members of Dominion, &c. Force.

‘(2.) The regulations may amend, vary, limit or modify the application of any of the provisions of this Act in their application to persons referred to in the last preceding sub-section.’.

Provision for training facilities.

“29. Section fifty of the Principal Act is amended by inserting after sub-section (5.) the following sub-section:—

‘(5a.) Subject to such limitations (if any) as are prescribed, where the prescribed authority is satisfied that a person who has obtained a loan under the last preceding sub-section is unable to repay the amount of the loan or any interest thereon, or that for any other reason the amount of the loan or any part thereof, or any interest thereon, should be written off, the prescribed authority may write off that amount or interest accordingly.’.

“30. After section fifty-four of the Principal Act the following section is inserted in Part III.:—

Certain persons excluded from application of Division.

‘54a. The provisions of sections fifty to fifty-four of this Act shall not apply to, or in relation to, a person who ceases to be engaged on war service after the thirtieth day of June, One thousand nine hundred and forty-nine.’.

“31. After section sixty-two of the Principal Act the following section is inserted in Part IV.:—

Certain persons excluded from application of Division.

‘62a. The provisions of sections fifty-five to sixty-two of this Act shall not apply to, or in relation to, a person who ceases to be engaged on war service after the thirtieth day of June, One thousand nine hundred and forty-nine.’.

Re-employment allowance for discharged members of the Forces.

“32. Section seventy-two of the Principal Act is amended by inserting in paragraph (a), after the word ‘discharged’ (wherever occurring) the words ‘not later than the thirtieth day of June, One thousand nine hundred and forty-nine,’.

Conditions to be complied with by applicants.

“33. Section ninety-six of the Principal Act is amended—

(a) by inserting in sub-paragraph (i) of paragraph (a) of sub-section (1.), after the word ‘date’ (second occurring), the words ‘, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine,’; and

(b) by inserting in sub-paragraph (ii) of that paragraph, after the word ‘date’ (second occurring), the words ‘, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine,’.

Loan in respect of further period of service.

“34. Section ninety-six a of the Principal Act is amended by inserting after the word ‘service’ (second occurring) the words ‘, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine’.

 

Definitions.

“35. Section one hundred of the Principal Act is amended by inserting after the word ‘Division,’ (first occurring) the words ‘“adult dependant” and “child” have the same respective meanings as in Division 2 of this Part and ’.

Business re-establishment allowance.

“36.—(1.) Section one hundred and one of the Principal Act is amended by adding at the end thereof the following sub-section:—

‘(4.) Notwithstanding anything contained in the last preceding sub-section, the amount of any war pension payable to a person or a dependant of that person under the Australian Soldiers’ Repatriation Act 1920-1947 shall be deemed not to be income for the purposes of that sub-section.’.

“(2.) This regulation shall be deemed to have come into operation on the first day of July, 1948.

Rate of business re-establishment allowances.

“37.—(1.) Section one hundred and one a of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word ‘be’ and inserting in its stead the words ‘not exceed’;

(b) by omitting from paragraph (a) of that sub-section the words ‘Two pounds fifteen shillings’ and inserting in their stead the words ‘Three pounds’;

(c) by omitting from paragraph (b) of that sub-section the words ‘Two pounds fifteen shillings’ and inserting in their stead the words ‘Three pounds’;

(d) by inserting in paragraph (c) of that sub-section, before the word ‘partially’, the word ‘only’;

(e) by inserting in paragraph (b) of sub-section (2.), after the word ‘aggregate’, the words ‘in respect of dependent children’; and

(f) by omitting from sub-section (3.) the words ‘be as prescribed’ and inserting in their stead the words ‘not exceed the amount which that person would have received if he had been in receipt of an allowance’.

“(2.) The amendments effected by paragraphs (b) and (c) of the last preceding sub-regulation shall be deemed to have come into operation on the twenty-eighth day of October, 1948.

“38. After section one hundred and two of the Principal Act the following section is inserted in Division 4 of Part VI.:—

Time within which application to be made.

‘102b. A business re-establishment allowance shall not be payable under this Division by a prescribed authority unless an application for the allowance is made—

(a) within five years after the cessation of hostilities in all the wars in which His Majesty was engaged at the date of commencement of this Division, the date, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine, on which the applicant ceased to be engaged on war service, or the date of the termination or completion of any training which the applicant received under Part III. of this Act, whichever is the latest; or

 

(b) where the applicant is a widow—within five years after the cessation of hostilities in all the wars in which His Majesty was engaged at the date of commencement of this Division, the date, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine, on which the applicant’s husband ceased to be engaged on war service, or the date of the termination or completion of any training which the applicant’s husband received under Part III. of this Act, whichever is the latest.’.”.

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