Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1952. No. 101.

 

REGULATIONS UNDER THE REPATRIATION ACT 1920-1952.*

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 Repatriation Act 1920-1952.

Dated this fourth day of December, 1952.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

WALTER J. COOPER

Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations. 

1. Regulation 173c of the Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Exemption of certain funds raised within a State.

“173c.—(1.) If it appears to the Governor-General that satisfactory provision has been made by the law of a State for the proper control of patriotic funds in that State, he may, by Order published in the Gazette, declare that patriotic funds (other that patriotic funds referred to in sub-regulation (2.) of this regulation) raised within that State by persons or bodies, whether or not those persons or bodies were or are affiliated or connected with an organization or body that receives collections or contributions to a fund from more than one State, are exempted from such of the provisions of this Part as are specified in the Order.

“(2.) An Order made under the last preceding sub-regulation in relation to a State shall not exempt from the application of this Part—

(a) patriotic funds in that State in respect of the disposal of the assets of which the Commission or the Minister has, before the date of commencement of this regulation, given directions in pursuance of regulation 173k of these Regulations; and

(b) patriotic funds controlled by a Local Committee or acquired by a Local Committee from a patriotic fund which was wound up voluntarily, under the law of that State or by a direction of the Commission or the Minister under regulation 173k of these Regulations.

 

* Notified in the Commonwealth Gazette on 11th December, 1952.

  Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72, 106, 149 and 169; 1948, Nos. 38, 43, 80, 135 and 137; 1950, No. 96; 1951, Nos. 7 and 58; and 1952, Nos. 7 and 88.

3929.—Price 3d.

 

“(3.) While an Order under sub-regulation (1.) of this regulation remains in force, the provisions of this Part which are specified in the Order do not apply in relation to patriotic funds in the State in relation to which the Order was made, not being funds referred to in the last preceding sub-regulation and the provisions of the law of that State apply in relation to those first-mentioned funds.”.

Power to wind up funds when no longer required.

2. Regulation 173k of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulations:—

“(6.) Where the Commission or the Minister has given, whether before or after the commencement of this sub-regulation, a direction under either of the last three preceding sub-regulations in relation to the assets held by, or the unexpended moneys in, a fund being wound up in pursuance of this regulation and the direction has not been complied with within a period of three months from the date of the direction, the Commission may, by Order published in the Gazette, declare that the assets held by, and moneys remaining unexpended in, the fund are vested in the Commission and thereupon those assets and moneys shall be vested in the Commission as beneficial owner for the purposes of the disposal of those assets and moneys.

“(7.) A person, body of persons, bank, firm, company or corporation having control or custody of the assets or moneys vested in the Commission under the last preceding sub-regulation or with whom those assets or moneys have been deposited shall not deal with, or dispose of, those assets or money except in accordance with the directions of the Commission and, when required so to do by the Commission, shall transfer those assets and moneys to the Commission.

“(8.) Where a person, body of persons, bank, firm, company or corporation deals with, or disposes of, assets or moneys vested in the Commission under sub-regulation (6.) of this regulation otherwise than in accordance with the directions of the Commission, the value of those assets or the amount of moneys so dealt with or disposed of may be recovered by the Commission as a debt due and owing to it.

“(9.) The Commission may disburse the assets or moneys vested in it under sub-regulation (6.) of this Regulation in accordance with the original direction or in accordance with the provisions of this Part.”.

 

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