Re-establishment and Employment (Transportation Benefits) Regulations (Cth)

STATUTORY RULES.

1948. No..

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 fourth day of May, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Post-war Reconstruction.

 

Re-establishment and Employment (Transportation Benefits) Regulations.

Citation.

1. These Regulations may be cited as the Re-establishment and Employment (Transportation Benefits) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Australia” includes the Australian Capital Territory and the Northern Territory but does not include the other Territories of the Commonwealth;

“child” means, in relation to a member of the Forces, a child who, being under the age of sixteen years, is dependent on the member and is his son, daughter, step-child or adopted child, but does not include an ex-nuptial child of the member born more than nine months after the member’s discharge from the Forces;

“discharge” includes termination of appointment;

“member of the Forces” means a member of the Forces as defined in paragraph (a), (b), (c), (d) or (e) of sub-section (1) of section 4 of the Re-establishment and Employment Act 1945 (other than a person who, being at that time an enemy alien, served during the war as a member of an Employment Company and not otherwise) whose normal place of residence was outside Australia when he commenced war service;

“the Commission” means the Repatriation Commission appointed under the Australian Soldiers’ Repatriation Act 1920 or under that Act as amended;

* Notified in theCommonwealth Gazette on , 1948.

7211.—Price 3d. 10/2.4.1948.

 

“widow” means the widow of a deceased member of the Forces whose death occurred while he was a member of the Forces and was due to war service, and includes a person who is eligible for a war pension, under section 42 of the Australian Soldier’s Repatriation Act 1920-1947, in respect of the death of the member;

“wife” includes a person who, at the time of enlistment of the member, was dependent upon him and was recognized as his wife, although, on account of a legal impediment, not legally married to him, and has since continued to be so dependent and so recognized.

Transportation expenses of discharged members of the Forces and widows to places outside Australia.

3.—(1.) The Commission, on behalf of the Commonwealth, may pay the expense of transporting—

(a) a discharged member of the Forces and his wife and children (if any); and

(b) a widow who has not re-married and her children (if any),

to the place outside Australia which was the normal place of residence of the discharged or deceased member of the Forces at the time of the commencement of his war service.

(2.) A person shall not be entitled to receive the benefit provided by sub-regulation (1.) of this regulation unless—

(a) application for payment of the expense of transportation is made—

(i) in the case of a discharged member of the Forces—within twelve months after the date of his discharge;

(ii) in the case of a widow—within twelve months after the date of the death of the member of the Forces concerned,

or by the thirtieth day of June, 1948, whichever is the later; and

(b) in the case of a discharged member of the Forces—

(i) he has, in the opinion of the Commission, been honorably discharged after not less than six months’ war service; or

(ii) has sustained an incapacity which has been accepted by the Commission as due to war service and has been honorably discharged as a result of that incapacity before his completion of six months’ war service.

Expenses borne by Commonwealth.

4. The total expense of transportation referred to in the last preceding regulation shall, in respect of each person, be the total of such of the following expenses as the Commission determines in respect of any particular case or class of cases:—

(a) The cost of that person’s transportation, by the most economical means of conveyance deemed suitable by the Commission, from the person’s place of residence in Australia to the port of the person’s embarkation in Australia and from the port of the person’s disembarkation outside Australia to the place of the person’s intended residence outside Australia;

 

(b)The cost of that person’s passage at the most economical rate of transport deemed suitable by the Commission from the port of embarkation in Australia to the port of disembarkation outside Australia;

(c) The reasonable cost of that person’s board and lodging during the period of any break or delay in the journey which the Commission is satisfied was unavoidable or warranted in the circumstances of the particular case; and

(d)Any other expenditure, incurred during the journey and necessarily incidental to that person’s transportation, the inclusion of which the Commission considers warranted in the circumstances of the particular case.

 

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