STATUTORY
RULES
1945. No. 181.
_______
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 twenty-third day of
November, 1945.
HENRY
Governor-General.
By His
Royal Highness’s Command,
JOHN
J. DEDMAN
Minister
of State for Post-war Reconstruction.
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Re-establishment
and Employment Regulations.
Citation.
1.These Regulations may be cited as the Re-establishment
and Employment Regulations.
Definitions.
2. Inthese
Regulations, “the Principal Act” means the Re-establishment
and Employment Act 1945, as amended for the time being, whether by any Act
or by regulations made under the Re-establishment
and Employment Act 1945.
References to the prescribed authority.
3.The Principal Act is amended as set out in the
Schedule to these Regulations.
4.The Principal Act is amended by inserting in Part I,
after section seven, the following section:—
Delegation by prescribed authorities.
“7a.—(1.) A prescribed authority may
delegate to any person all or any of the powers and functions of the prescribed
authority under this Act or under the regulations, except this power of
delegation, so that the delegate may exercise the powers and functions
specified in the instrument of delegation.
“(2.)Where the exercise of any power or
function by a prescribed authority, or the operation of any provision of this
Act or of the regulation is dependent upon the opinion, belief, or state of
mind of the prescribed authority in relation to any matter, that power or
function may be exercised by the delegate of the prescribed authority, or that
provision may operate, as the case may be, upon the opinion, belief or state of
mind of the delegate in relation to that matter.
*Notified
in the Commonwealth Gazette on 23rd
November, 1945.
6611.—Price 3d.
“(3.)Every delegation under this section shall be revocable at will and
no delegation shall prevent the exercise of any power or function by the
proscribed authority.
“(4.)
Any reference in this Act or in the regulations to a prescribed authority
shall, in relation to any matter, be deemed to include a reference to a
delegate of the prescribed authority exercising any power or function in
relation to that matter.”.
Repeal of section 69.
5. Section sixty-nine of the Principal Act is repealed.
Loans for establishment in business or
civil occupation.
6. Section ninety-two of the Principal Act is amended by adding at the
end thereof the following sub-section:—
“(3.)A prescribed authority may, instead of
making a loan of money under sub-section (1.) of this section, make available
property to an eligible person referred to in that sub-section, and the amount
of the value of the property so made available shall be deemed to be a loan of
that amount made to that person.”.
Terms and conditions of loans.
7.Section ninety-four of the Principal Act is amended by
adding at the pad thereof the following sub-section:—
“(2.)
The regulations may make provision for or in relation to the form, registration
and effect of securities (other than securities over land) given in pursuance
of the last preceding sub-section.”.
_______
THE SCHEDULE.
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Regulation
3.
references
to the prescribed authority.
Section
amended. | Extent
of Amendment. |
43 | Credit “the prescribed
authority” (first occurring), insert “a prescribed authority”
|
64 | Omit “the prescribed
authority”, insert “a prescribed authority”
|
67 | Omit from sub-section
(1.) “The prescribed authority”, insert “A prescribed authority “
|
Omit from sub-section
(2.) “the prescribed authority”, insert “a prescribed authority”
|
Omit from sub-section
(2.) “the” insert “the prescribed authority”
|
68 | Omit from sub-section (1.)
“The prescribed authority”, insert “A prescribed authority “
|
Omit from sub-section
(2.) “the prescribed authority”, insert “a prescribed authority”
|
Omit from sub-section
(3.) “the prescribed authority”, insert “a prescribed authority”
|
70 | Omit “The prescribed
authority and any other”, insert “A”
|
71 | Omit from sub-section
(1.) “the prescribed authority, or any other person performing, duties or exercising
powers and functions”, insert “a person performing duties, or exercising
powers and functions.”
|
Omit from sub-section
(1.) “the prescribed authority” (second occurring), insert “a prescribed
authority”
|
72 | Omit from paragraph (a) “the prescribed authority”, insert
“a prescribed authority”
|
75 | Omit “the prescribed
authority” insert “a prescribed authority”
|
The Schedule—continued.
Section
amended. | Extent
of Amendment. |
76 | Omit from paragraph (b) of sub-section (1.) “the prescribed
authority”, insert “a prescribed authority”
|
Omit from paragraph (c) of sub-section (1.) “the prescribed
authority” (first occurring), insert “a prescribed authority”
|
78,
79 and 80 | Omit “the prescribed
authority” (wherever occurring), insert” a prescribed authority”
|
81 | Omit “the prescribed
authority” (first occurring), insert “A prescribed authority”
|
82 | Omit “the prescribed
authority” (first occurring), insert “a prescribed authority”
|
83 | Omit from sub-section
(1.) “the prescribed authority” (first occurring), insert “a prescribed
authority”
|
Omit from sub-section
(2.)“the prescribed authority”,
insert “a prescribed authority”
|
Omit from sub-section
(2.) “the”, insert “the prescribed authority”
|
84 | Omit from sub-section
(1.)“the prescribed authority”,
insert “a prescribed authority”
|
86 | Omit “the prescribed
authority”, insert “A prescribed authority”
|
Omit “he”, insert “the
prescribed authority” |
Omit “him”, insert “the
prescribed authority” |
87 | Omit “the prescribed
authority”, insert “a prescribed authority”
|
90 | Omit “the prescribed
authority”, insert “a prescribed authority”
|
Omit “other” |
91 | Omit “the prescribed
authority” (wherever occurring), insert “a prescribed authority”
|
92 | Omit “the prescribed authority”
(wherever occurring), insert “a prescribed authority”
|
Omit from sub-section
(1.) “its opinion”, insert “the opinion of the prescribed authority”
|
94 | After “Division”
(second occurring), insert “by a prescribed authority”
|
96 | After “Division”
(first occurring) in sub-section (1.), insert “by a prescribed authority”
|
97 | Omit from sub-section
(1.) “the prescribed authority” (first occurring), insert “a prescribed
authority”
|
After “Division” in
paragraph (a) of sub-section (I.), insert
“by that prescribed authority”
|
After “prescribed
authority” (first occurring) in sub-section (2,), insert “by whicha loan has been made under this
Division”
|
Omit sub-section (3.),
insert the following sub-section:—
|
“(3.) Where the
prescribed authority by which a loan has been made under this Division is
satisfied that, in view of the efficiency or industry of the person to whom
the loan was made, it is desirable to do so, the prescribed authority may
vary, in favour of that person, alt or any of the terms and conditions on which the loan was made.”
|
98 | Omit from sub-section
(1.) “The prescribed authority” (first occurring), insert “A prescribed
authority”
|
Omit from sub-section
(2.) “The prescribed authority”, insert “A prescribed authority”
|
99 | Omit “the prescribed
authority” (first occurring), insert “a prescribed authority”
|
After “Division”,
insert “from the prescribed authority”
|
101 | Omit from sub-section
(1.) “the prescribed authority” (first occurring), insert “a prescribed
authority”
|
102 | After “the prescribed
authority” in sub-section (2.), insert “by which a business re-establishment
allowance is paid”
|
Omit from sub-section
(2.) “it” (first occurring), insert “the prescribed authority”
|
_________________
By authority: L. F. Johnston, Commonwealth Government
Printer, Canberra.