War Gratuity Regulations 1945 (Cth)
made under the
This compilation was prepared on 20 September 2004
taking into account amendments up to SR 1957 No. 15
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
These Regulations may be cited as the
War Gratuity Regulations 1945 .
In these Regulations, unless the contrary intention appears:
the Act means theWar Gratuity Act 1945 .
the Register means the Register of War Gratuities established under section 19 of the Act.
(1)Subject to these Regulations, the prescribed authority for the purposes of the Act and these Regulations shall consist of:
(a) the Principal War Gratuity Authority appointed under these Regulations; and
(b) such War Gratuity Officers as are appointed under these Regulations.
(2) The Principal War Gratuity Authority shall have and may exercise all of the powers and functions of a prescribed authority.
(3) Each War Gratuity Officer shall exercise only such powers and functions of a prescribed authority as the Governor-General from time to time directs.
(4) Each War Gratuity Officer shall refer to the Principal War Gratuity Authority any case or class of case which the Principal War Gratuity Authority directs to be so referred, and may refer any question to the Principal War Gratuity Authority for a decision or ruling.
The Minister may, for the purposes of the Act and these Regulations, appoint a person to be the Principal War Gratuity Authority, and the person so appointed shall hold office during the pleasure of the Minister.
The Minister may, for the purposes of the Act and these Regulations, appoint persons to be War Gratuity Officers, each of whom shall hold office during the pleasure of the Minister.
Subject to the next succeeding regulation, sections of the Register may be maintained in Sydney, Melbourne, Brisbane, Adelaide, Perth and Hobart.
(1)The account relating to war gratuity payable in respect of a member’s service shall be kept in a section of the Register maintained in the capital city specified in the Schedule to these Regulations opposite the class to which the member belonged.
(2) Where war gratuity is payable in respect of the service of a member who has had more than one period of service, the account of the war gratuity payable in respect of his service shall be kept in that section of the Register in the capital city specified in the Schedule to these Regulations opposite the class to which the member belonged during his last period of service.
The Minister may determine the manner in which any application for entitlement or payment of war gratuity is to be made and may approve the forms to be used in connexion with all applications.
After each application for war gratuity has been considered, a War Gratuity Officer shall notify the applicant and the Registrar of War Gratuities of the amount of war gratuity to be credited and the date of entitlement, or, if no war gratuity is to be credited, he shall notify the applicant accordingly.
The Principal War Gratuity Authority may confirm, vary or reverse a decision of a War Gratuity Officer.
(1)The Principal War Gratuity Authority or a War Gratuity Officer may for the purposes of the Act and these Regulations:
(a) summon witnesses;
(b) receive evidence on oath; and
(c) require the production of documents.
(2) A person who has been summoned under sub-regulation (1) of this regulation to appear shall not, without lawful excuse and after tender of reasonable expenses, fail to appear in obedience to the summons.
(3) A person, whether summoned or not, who appears before the Principal War Gratuity Authority or a War Gratuity Officer shall not:
(a) refuse to be sworn as a witness or to make an affirmation;
(b) fail to answer any question which he is lawfully required to answer; or
(c) fail to produce any document he is lawfully required to produce.
Penalty: Fifty pounds.
Any woman who was engaged to serve in, or enrolled as a member of, one of the women’s organizations known respectively:
(a) prior to the first day of October, 1942, as the Royal Australian Naval Nursing Service or the Women’s Royal Australian Naval Service; or
(b) prior to the twenty-fourth day of March, 1943, as the Royal Australian Air Force Nursing Service or the Women’s Auxiliary Australian Air Force,
shall be deemed to have become a member of the Naval Forces or a member of the Air Force, as the case may be, on the date of her engagement or enrolment.
If a member has returned to Australia:
(a) in order to serve a sentence of imprisonment or detention;
(b) because he has been guilty of misconduct; or
(c) in order to undergo trial for an offence of which he is subsequently convicted,
the reason for his return shall be a disciplinary reason for the purposes of sections 7 and 8 of the Act.
The prescribed authority shall have power to direct that, in the case of a member who returns to Australia at his own request or for a prescribed disciplinary reason, any portion of the period of service specified in paragraph (f) of sub-section (1) of section 7 of the Act shall be deemed to be overseas qualifying service.
For the purposes of paragraph (i) of the proviso to sub-section (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 11 of 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 (1) 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.
(1)Any person who claims credit and payment of an amount in pursuance of section 14 of the Act shall make application therefor in accordance with the approved form.
(2) Before approving of an application, the prescribed authority shall satisfy himself that the applicant or the person or persons on whose behalf the application is made was or were totally dependent on the member concerned at the date of the member’s death.
Where a person who is entitled to a war gratuity dies on or after the date of entitlement but before the date of payment and there is no personal representative, the amount of the war gratuity and interest may be paid to such person or persons as the prescribed authority determines, if the prescribed authority has first assured himself that on the evidence and waivures available no liability is likely to attach to the Commonwealth by making payment in this manner.
Where a payment of war gratuity is made to any person to whom war gratuity is not payable or to or for any person of an amount greater than the amount of war gratuity payable to that person, that person shall not be entitled to retain the amount wrongly paid but shall, when required by the Registrar of War Gratuities, forthwith return to the Registrar of War Gratuities the amount wrongly paid.
Where, under section 22 of the Act, the then present value of the whole or portion of a war gratuity has been transferred to the War Service Homes Commissioner or any other authority, payment of the gratuity to the extent of the present value, at the time of such payment, of the gratuity or portion thereof in respect of which the transfer has been made, may, at the discretion of a prescribed authority, be made, at any time after the date of entitlement, to the authority to whom the transfer has been made, for the purpose of being credited as specified in that section.
(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;
(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 1908-1946or, 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:
Provided that where a war gratuity is credited in the Register to the account of the parent of a deceased member, and one parent of the deceased member has attained the age specified in paragraph (c) of this sub-regulation but the other parent has not attained the age so specified, payment of war gratutity may be made under this sub-regulation where a prescribed authority is satisfied that special circumstances exist which warrant such payment.
(2) Where a person 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 a 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), (5), (6) or (9) 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 on whole or in part may, at the discretion of the prescribed authority, be made at any time after the date of entitlement.
(4) Where a war gratuity is credited in the Register under section 26 of the Act to or for the benefit of some or all of the dependants of a member, payment in whole or in part may, at the discretion of a prescribed authority, be made at any time after the date of entitlement.
(5) Where a war gratuity is credited in the Register to the account of any person 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 to alleviate severe distress or hardship due to the sickness of the person credited with war gratuity or any of his dependants.
(6) Where a war gratuity is credited in the Register to the account of any person, payment in whole or in part may, at the discretion of the Principal War Gratuity Authority, be made at any time after the date of entitlement if the Authority is satisfied that that person may be unable to receive the benefit of the gratuity if payment is not made before the due date of payment.
(7) Where a person entitled to a war gratuity dies on or after the date of entitlement and a prescribed authority is satisfied that any person is experiencing hardship resulting from the incidence of the funeral expenses or debts of the deceased, payment of an amount of the war gratuity not exceeding the amount of those expenses or debts may be made to the estate of the deceased at any time after the date of entitlement.
(8) Where a member entitled to a war gratuity has, under the Re-establishment and Employment Act 1945, obtained the maximum amount of any loan to enable him to engage in or resume any occupation, business or practice and the authority making the loan certifies that early payment of the whole or any part of the gratuity is urgently required for the occupation, business or practice of the member and will be of substantial benefit to the member, payment in whole or in part may, at the discretion of the prescribed authority, be made at any time after the date of entitlement.
(9) Where a war gratuity is credited in the Register to the account of any person, 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 to alleviate severe distress or hardship resulting from fire, flood, drought, storm or other natural happening beyond the control of the person entitled to the gratuity.
(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.
In such cases as a prescribed authority determines the period specified in paragraph (f) of sub-section (1) of section 7 of the Act subsequent to the date of disembarkation of a member shall not be deemed to be overseas qualifying service.
Subject to section 15 of the Act, the prescribed date for the purposes of sub-paragraph (a) of paragraph (1) of the Schedule to the Act in relation to the class of members who have been absent without leave for a period of thirty days or more and have not surrendered or been apprehended shall be the first day of July, 1947.
regulation 7
Members of the Naval Forces | Melbourne |
Members of the Military forces whose Army numbers commenced with the letter or letters — ............................. Q..................................................... NG.................................................. P...................................................... N..................................................... V..................................................... UK.................................................. S...................................................... D..................................................... W.................................................... T...................................................... Members of the Air Force................. | Brisbane Sydney Melbourne Adelaide Perth Hobart The capital city of the State in which the member’s basic pay records are maintained |
The
1945 No. 176 | 22 Nov 1945 | 22 Nov 1945 | |
1946 No. 92 | 23 May 1946 | 23 May 1946 | — |
1946 No. 154 | 31 Oct 1946 | 31 Oct 1946 | — |
1947 No. 127 | 15 Sept 1947 | 15 Sept 1947 | — |
1948 No. 66 | 10 June 1948 | 10 June 1948 | — |
1948 No. 139 | 28 Oct 1948 | 28 Oct 1948 | — |
1953 No. 67 | 3 July 1953 | 3 July 1953 | — |
1957 No. 15 | 4 Apr 1957 | 4 Apr 1957 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 2......................................... | am. 1953 No. 67 |
R. 3......................................... | rs. 1953 No. 67 |
R. 4......................................... | rs. 1953 No. 67 |
R. 10....................................... | rs. 1953 No. 67 |
R. 11....................................... | am. 1953 No. 67 |
R. 14A.................................... | ad. 1946 No. 154 |
R. 18....................................... | ad. 1946 No. 92 |
R. 19....................................... | ad. 1946 No. 154 |
| |
R. 20....................................... | ad. 1946 No. 154 |
R. 21....................................... | ad. 1947 No. 127 |
R. 22....................................... | ad. 1947 No. 127 |
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