War Gratuity Regulations 1945 (Amendment) (Cth)

STATUTORY RULES.

1946. No. 154.

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REGULATIONS UNDER THE WAR GRATUITY 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 War Gratuity Act 1945.

Dated this thirtieth day of October, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

J. B. CHIFLEY

Treasurer.

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Amendments of the War Gratuity Regulations 1945.

1.After regulation 14 of the War Gratuity Regulations 1945 the following regulation is inserted:—

Overseas qualifying service after the cessation of hostilities.

“14a. For the purposes of paragraph (i) of the proviso to subsection (1.) of section 7 of the Act—

(a)where a member who has performed overseas qualifying service prior to the cessation of hostilities commences a period of service abroad after the cessation of hostilities, such later period of service abroad shall, subject to the provisions of sections 10 and 11of the Act, be classified as overseas qualifying service; and

(b)where a member who has not performed overseas qualifying service prior to the cessation of hostilities commences a period of service abroad after the cessation of hostilities such period of service shall, subject to the provisions of paragraphs (a)to (g)of sub-section (l.) of section 7 and of sections 10 and 11 of the Act, be classified as overseas qualifying service, but overseas qualifying service so performed shall not entitle the member to the benefits of section 8 of the Act.”.

2.After regulation 18 of the War Gratuity Regulations 1945 the following regulations are inserted:—

Payment of War Gratuity before due date.

“19.—(1.) In the case of a war gratuity credited in the Register to the account of—

(a) a member who has attained the age to qualify for an old-age pension under section 15 of the Invalid and Old-age Pensions Act 1908-1946;

 

* Notified in the Commonwealth Gazette on 31st October, 1946.

  Statutory Rules 1945, No. 176, as amended by Statutory Rules 1946, No. 92.

3019.—Price 3d.

(b) a member included in the class specified in paragraph (a) or paragraph (b) of section 84 of the Australian Soldiers’ Repatriation Act 1920-1946; or

(c) the parent of a deceased member, where each parent of the deceased member has attained the age to qualify for an old-age pension under section 15 of the Invalid and Old-age Pensions Act 1908-1946 or, if either parent is a person specified in paragraph (a) or paragraph (b) of section 84 of the Australian Soldiers’ Repatriation Act 1920-1946, in respect of that parent, the age specified in that section,

payment in whole or in part may, at the discretion of a prescribed authority, be made at any time after the date of entitlement if the prescribed authority is satisfied that the gratuity is required for the provision of medical attention or personal amenities for which the person credited with the gratuity could not otherwise pay.

“(2.) Where a member entitled to a war gratuity dies on or after the date of entitlement but before the date of payment, and a person beneficially interested in his estate is a person who, if he had been credited under section 17 of the Act with war gratuity in respect of the member’s service, would have been eligible to be paid any war gratuity before the due date in pursuance of section 21 of the Act or of sub-regulation (1.) of this regulation, payment of an amount of the war gratuity proportionate to his interest in the estate may, at the discretion of a prescribed authority, be made to the estate for distribution to the person so beneficially interested at any time after the date of entitlement.

“(3.) Where a war gratuity is credited in the Register to the Repatriation Commission, payment in whole or in part may, at the discretion of the prescribed authority, be made at any time after the date of entitlement.

Deputy Registrars of War Gratuity.

“20.—(1.) The Minister may, for the purposes of the Act and these Regulations, appoint persons to be Deputy Registrars of War Gratuities.

(2.) A Deputy Registrar shall hold office during the pleasure of the Minister and shall have and may exercise such functions of the Registrar of War Gratuities as the Registrar from time to time directs.”.

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By Authority: L. F.