War Service Homes Act 1956 (Cth)

WAR SERVICE HOMES.

 

No. 100 of 1956.

An Act to amend the War Service Homes Act 1918-1955.

[Assented to 15th November, 1956.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the War Service Homes Act 1956.

(2.) The War Service Homes Act 1918–1955 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the War Service Homes Act 1918–1956.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) The amendment made by paragraph (d) of section three of this Act shall come into operation on the day on which the Repatriation (Far East Strategic Reserve) Act 1956 comes into operation.

Interpretation.

3. Section four of the Principal Act is amended—

(a) by omitting from paragraph (e) of the definition of “Eligible person” in sub-section (1.) the word “or” (last occurring);

(b) by omitting all the words after paragraph (e) of that definition and inserting in their stead the following words :—

“(f) during the continuance of any war in which the Sovereign became engaged on or after the third day of September, One thousand nine hundred and thirty-nine, and before the commencement of the War Service Homes Act 1946, was employed under agreement as master, officer or seaman, or under indenture as apprentice, in sea-going service—

(i) on a ship engaged in trading between a port of a State or Territory of the Commonwealth and any other port, whether a port of a State or Territory of the Commonwealth or not; or

 

(ii) on a ship being a troop transport or hospital ship,

and was, during that employment, domiciled in Australia or a Territory of the Commonwealth ; or

(g) not being a person to whom the last preceding paragraph applies, was, during the continuance of any war in which the Sovereign became engaged on or after the third day of September, One thousand nine hundred and thirty-nine, and before the commencement of the War Service Homes Act 1946, employed, otherwise than as a member of the Defence Force, in sea-going service on a ship being a ship of war, troop transport or hospital ship, and was, during that employment, domiciled in Australia or a Territory of the Commonwealth,

and satisfies the Director that he is married or is about to marry, or has dependants for whom it is necessary for him to maintain a home, and includes the female dependant of a person specified in any of the paragraphs (a) to (g) of this definition;”;

(c) by omitting from paragraph (a) of the definition of “Female dependant” in sub-section (1.) the words “paragraph (a), (b), (c), (d), (e) or (f)” and inserting in their stead the words “any of the paragraphs (a) to (g)”; and

(d) by omitting from sub-section (2.) all the words after the words “by virtue of this sub-section” and inserting in their stead the words—

“unless—

(c) that person was allotted for duty in an operational area in connexion with those operations before the date of commencement of the Repatriation (Far East Strategic Reserve) Act 1956 and, if he was so allotted while in Australia, or in the part of the Queen’s dominions other than the Commonwealth, as the case may be, he left the last port of call in Australia or in that other part of the Queen’s dominions before that date for the purpose of serving in connexion with those operations ; or

(d) that person, not being a person to whom the last preceding paragraph applies, served, after the commencement of the Repatriation (Far East Strategic Reserve) Act 1956, in an area prescribed to be, or to have been, an operational area for the purposes of this paragraph.”.

 

Conditions of grant of advance.

4.