STATUTORY
RULES.
1940. No. 278.
––––––
REGULATIONS
UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940.*
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 Seamen’s War Pensions and
Allowances Act 1940.
Dated
this Eleventh day of December, 1940.
Governor-General.
By His
Excellency’s Command,
for and on behalf of the
Minister of State for Commerce.
Seamen’s War Pensions and Allowances Regulations.
Short
title.
1. These Regulations may
be cited as the Seamen’s War Pensions and Allowances Regulations.
Definitions.
2. In these Regulations,
unless the contrary intention appears—
“claim”
means a claim for a pension or for a detention allowance;
“claimant”
means the person who has made a claim for a pension or for a detention
allowance whether on his own behalf, or on behalf of an Australian mariner or
of a dependant, de facto wife or
separated wife of an Australian mariner;
“Deputy
Commissioner” means the Deputy Commissioner of Repatriation for a State
appointed under the Australian Soldiers’
Repatriation Act 1920-1940;
“grantee”
means a person, being an Australian mariner, or a dependant, de facto wife or separated wife of an
Australian mariner, to whom a detention allowance has been granted, or is to be
paid, but does not include the personal representative or trustee of such a
person;
“pension”
means a pension under the Act, and includes a detention allowance under section
twenty-one of the Act, a gratuity under sub-section two of section twenty-three
of the Act, and a lump sum under sub-section three of section twenty-three of
the Act;
* Notified in the Commonwealth Gazette on , 1940.
6628.—12/24.10.1940.—Price 5d.
“Registrar”
means a Registrar of Seamen’s Pensions appointed or deemed to have been
appointed under the Act;
“trustee”
means a trustee appointed under the Act, and includes the personal
representative of a detained person;
“the
Act” means the Seamen’s War Pensions and
Allowances Act 1940.
Declarations
by claimants.
3.—(1.) Where the form of
any claim approved by the Commission, or any other document relating to a claim
for, or a review of, pension or detention allowance, includes a declaration as
to the correctness of the information set forth in the claim or document, the
declaration may be made before a postmaster or postmistress, or person in
charge of a post office, a police, stipendiary or special magistrate of the
Commonwealth or of a State or of a Territory of the Commonwealth, a Justice of
the Peace, a barrister or solicitor, a State school head-teacher, an officer of
the Department of Trade and Customs, a member of the Police Force of the
Commonwealth or of a State or of a Territory of the Commonwealth, a legally
qualified medical practitioner, a Notary Public, a Commissioner for Affidavits,
a Commissioner for Declarations, a Registrar under the Seamen’s War Pensions and Allowances Act 1940, a Registrar under
the Invalid and Old-age Pensions Act 1908-1939,
a Registrar under the Australian Soldiers’ Repatriation Regulations, a Minister
of Religion, an officer of the Repatriation Department, a member of the
Parliament of the Commonwealth, or a Commissioned Officer of the Defence Force.
(2.) Where a claim is made on
behalf of a person under the age of sixteen years, the declaration may be made
by any person over the age of sixteen years who has a knowledge of the
information set forth in the claim.
(3.) Any person who makes a false
statement in any claim, or in any other document relating to a claim for, or a
review of, pension or detention allowance, whether the claim or document
contains a declaration as to the correctness of the information set forth
therein or not, and whether the claim, document or declaration is signed before
any of the persons specified in sub-regulation (1.) of this regulation or not,
shall be guilty of an offence.
Penalty:
Twenty-five pounds.
(4.) In addition to imposing any
penalty in respect of an offence against the last preceding sub-regulation, the
Court before which the person is convicted may order him to repay or return to
the Commission any money, certificate or document received by him in
consequence of the false statement in respect of which the offence was
committed.
(5.) Nothing in this regulation
shall 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.
Action
on receipt of claims.
4.—(1.) Upon receipt of a
claim by a Registrar he shall note on the claim the date of its receipt by him
and forthwith forward the claim to the Deputy Commissioner.
(2.) Upon receipt of a claim by a
Deputy Commissioner, he shall note on the claim the date of its receipt by him
and indicate whether he received the claim from the claimant or from a
Registrar.
Investigation
of claims and reviews.
5. A Deputy Commissioner—
(a) upon receipt of any claim; or
(b) whenever it is necessary or expedient
to review a grant of pension or detention allowance,
shall
arrange for the claim or the case, as the case may be, to be investigated by a
Registrar, a special magistrate, or an officer of the Commission, who shall
ascertain from the claimant, pensioner, grantee, or any other person, such
information as may be necessary to enable the Commission or a Pensions
Committee to determine such of the questions specified in section five of the
Act as have a bearing on the claim or case, and shall forward the claim or
case, together with a written record of the information so obtained, to the
Deputy Commissioner.
Issue
of pension certificate and identification card.
6. Where a pension or
detention allowance is to be paid in fortnightly instalments, the Deputy
Commissioner shall forward to the postmaster or other officer who has to pay
the instalments, a pension card and identification card, each in a form
approved by the Commission, and the postmaster or other officer shall retain
the identification card and deliver the certificate to the pensioner, grantee
or trustee, as the case may be:
Provided that, in the case of a
pensioner, grantee or trustee not residing in Australia, the Commission may
make such arrangements for the payment of instalments as it deems practicable.
Possession
of identification card authority to pay instalments.
7.—(1.) Subject to these
Regulations, the possession by a postmaster or other officer of an
identification card shall be sufficient authority for the payment by him of the
instalments of pension or detention allowance described therein to the
pensioner, grantee or trustee, or the holder of an order under regulation
eleven of these Regulations, as the case may be, on the production of the
pension certificate by the pensioner, grantee, trustee or holder.
(2.) The postmaster or other
officer shall not make a payment of any such instalment until he has made a
note in relation of the payment the pension certificate.
(3.) The Commission may give
any instruction to the postmaster or other officer to withhold the payment of
any instalment or concerning the method of payment and accounting, and the postmaster
or other officer shall comply with any such instruction accordingly.
Pension
fortnights.
8. The fortnights in
respect of which instalments of pension or detention allowance are payable
shall commence on such day as the Commission determines.
Due
date of instalments.
9. The due date of each
instalment shall be the first day of the fortnight for which the instalment is
payable:
Provided that where the due date is
a public holiday payment may be made on such other day as the Commission
directs.
Receipt
by pensioner or trustee.
10.—(1.) Where the
pensioner, grantee or trustee applies personally for a payment by instalment of
pension or detention allowance he shall give a receipt for each instalment in
accordance with the form approved by the Commission.
(2.) The postmaster or other
officer may refuse to pay any instalment of pension or detention allowance if
he is not satisfied that the person presenting the receipt is the pensioner,
grantee or trustee, as the case may be.
Payment
to other person.
11. Payment may be made to
a person other than the pensioner, grantee or trustee if that person is the
holder of an order, in the form approved by the Commission, from the pensioner,
grantee or trustee and makes a declaration that he is not receiving the whole
or any portion of the instalment on his own behalf or on behalf of any other
person or any firm, business or partnership in repayment of any advance or loan
to the pensioner or grantee, or by way of, or in consequence of, any sale,
assignment, charge, execution or insolvency, or in payment of any debt whether
due or about to become due from the pensioner or grantee.
Payment
of instalment to female dependant.
12. Subject to regulation
fourteen of these Regulations, a postmaster or other officer shall not pay any
instalment of a pension or detention allowance granted to any single or widowed
female dependant of a member unless, at the time of making the payment, there
is presented to the postmaster or other officer a declaration, in the form
approved by the Commission, by the female dependant or, where a trustee has
been appointed to receive payments on her behalf, by that trustee, that, on the
due date of the instalment, the female dependant had not married or re-married.
Payment
of instalment to trustee.
13. Subject to regulation
fourteen of these Regulations, a postmaster or other officer shall not pay any
instalment of a pension or detention allowance payable to a trustee unless
there is presented to the postmaster or other officer at the time of making the
payment, a declaration by the trustee, in the form approved by the Commission,
that the person on whose behalf the pension or detention allowance is payable
is alive.
Special
provisions as to declarations.
14. Where the Commission is
of opinion that it would be impracticable or seriously inconvenient to obtain
the declarations required by the last two preceding regulations on each and
every occasion when an instalment is being paid, it may approve of such declarations
being obtained at such intervals as it determines not exceeding twelve months.
Payment
of undrawn instalment of pension of deceased pensioner.
15. An undrawn instalment
of a pension due at the date of a pensioner’s decease, if applied for within
six months after the decease, may be paid to such person as, in the opinion of
the Deputy Commissioner, has a legal or equitable claim thereto:
Provided that the Deputy
Commissioner shall not authorize payment to any person who is not a legal
representative of the deceased until the Deputy Commissioner has satisfied
himself that application will not be made for probate of will or letters of
administration.
Death
of pensioner.
16.—(1.) Whenever the death
of any person is reported to any officer of the Commonwealth or a State or a
Territory of the Commonwealth who is charged with the duty of registering
deaths, he may inquire whether the deceased was a pensioner or grantee under
the
Seamen’s War Pensions
and Allowances Act 1940,
and the person reporting the death shall, to the best of his knowledge, state
whether the deceased was such a pensioner or grantee or not.
Penalty:
Twenty-five pounds.
(2.) If the deceased was a
pensioner or grantee, the officer may notify the Deputy Commissioner of this
fact and of the death.
Power
of Deputy Commissioner to require information.
17.—(1.) A person shall, if
so required by a Deputy Commissioner or a Registrar by notice in writing,
furnish to the officer specified in the notice, within the time specified in
the notice—
(a)a confidential report of the facts within his knowledge relating to any
matter specified in the notice; and
(b) written answers to any questions specified in the notice,
concerning
any claimant, pensioner grantee or any Australian mariner in respect of whom a
pension or detention allowance has been claimed or granted.
Penalty:
Twenty-five pounds.
(2.) No action or proceeding, civil
or criminal, except an action or proceeding authorized by the Act or these
Regulations, shall lie against any person in respect of any report or answer
furnished by him in pursuance of this regulation.
Signature
to forms.
18.—(1.) Every form in
connexion with a claim for, or a review of, pension or detention allowance,
which is required to be signed by any person, shall be signed by that person
with his personal signature.
(2.) Where a person who is unable
to sign his name in writing 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 a witness.
(3.) A person shall not make the
signature of any other person on any form.
Penalty:
Twenty-five pounds.
(4.) Nothing contained in this
regulation shall 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.
Signatures
in blank.
19. A person shall not sign
his name on any form in connexion with a claim for, or review of, pension or
detention allowance as a signature to that form unless the form has been filled
in so as to be ready for use without further addition.
Penalty:
Twenty-five pounds.
Time
for commencement of prosecutions.
20. A prosecution for an
offence against these Regulations may be commenced at any time within three
years after the commission of the offence.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.