War Service Homes Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1948.*
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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
Date this twenty-third day of February, 1949.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Works and Housing
Amendments of the War Service Homes Regulations.
“‘voluntary insurance’ means insurance in accordance with regulation 45a of these Regulations.”.
“45a.—(1.) The Director may, on application by the owner of a dwelling-house referred to in sub-section (1a.) of section thirty-eight of the Act, insure the dwelling-house against fire and prescribed risks.
“(2.) The obligation of the Director under an insurance in accordance with this regulation shall be, subject to those Regulations, to indemnify the assured, by payment or, at the option of the Director, by reinstatement or repair, against loss of or damage to the insured property (to the extent of the amount of the insurance) by any of the risks covered by the insurance.
“(3.) Any reference in these Regulations to insurance in pursuance of the Act shall, unless the contrary intention appears, be read as including a reference to insurance in accordance with this regulation.”.
“(2.) The assured shall permit an authorized officer at any reasonable time to enter and inspect the insured property.”.
*
Notified in the
Statutory Rules 1936, No. 74, as amended by Statutory Rules 1945, No. 202; 1946, No. 66; and 1947, No. 93.
545.—Price 3d. 8/14.2.1949.
“ (4.) The terms of the certificate of insurance shall be conditions of the insurance (in addition to any other conditions specified in these regulation).
“ (5.) This regulation shall not apply in respect of voluntary insurance.”.
“ 57a.—(1.) Where the Director decides to accept an application for voluntary insurance, he shall sign, and forward to the assured, a certificate of insurance in accordance with Form A in the Schedule to these Regulations (with any necessary modifications), and upon the signing of the certificate the property shall be deemed to be insured in accordance with regulation 45a of those Regulations against the risks and for the amount stated in the certificate for the benefit of the person named in the certificate.
“ (2.) The terms of the certificate of insurance shall be conditions of the insurance (in addition to any other conditions specified in these Regulations).
“ (3.) Upon the making of an application to the Director for the voluntary insurance of a dwelling-house, the Director may issue a cover note in respect of the insurance, and thereupon the dwelling-house shall be deemed, to be insured, in accordance with regulation 45a of these Regulations, for the period, and subject to the conditions specified in the cover note (in addition, to the conditions specified in these Regulations).
“ (4.) Where the interest of the Director in a dwelling-house which is insured in pursuance of sub-section (1.) of section thirty-eight of the Act ceases, and thereupon the dwelling-house becomes a dwelling-house mentioned in sub-section (1a.) of that section, then, unless and until the Director cancels the insurance, the insurance shall, subject to these Regulations, continue as, and be deemed to be, a voluntary insurance for the amount, and in accordance with the terms and conditions, specified in the certificate of insurance issued under regulation 57 of these Regulations.”.
“ (4.) The foregoing provisions of this regulation shall not apply in a case of voluntary insurance, but in such a case—
(
a ) the assured shall have no claim in respect of damage or loss from flood or tempest not exceeding Two pounds in value; and(
b ) the Director may, if he thinks fit, in the case of such damage or loss which exceeds Two pounds in value, deduct Two pounds from the amount otherwise payable to the assured.”.
(
a ) by inserting in sub-regulation (1.), after the word “ advance ” (twice occurring), the words “ or voluntary insurance ”; and(
b ) by omitting from sub-regulation (2.) the word “ directs ” and inserting in its stead the word “ permits ”.
(
a ) by omitting from sub-regulation (2.) the words “ purchaser or borrower as the case may be ” and inserting in their stead the words “ person who was the assured ”; and(
b ) by inserting in sub-regulation (3.), after the word “ premiums ”, the words “ (other than premiums in respect of voluntary insurance) ”.
“ 71.—(1.) Subject to sub-regulation (3.) of regulation 57a of these Regulations, every insurance in pursuance of sub-section (1.) of section thirty-eight of the Act shall forthwith cease and be of no effect when the Director ceases to have an interest in the insured property.
“ (2.) Every voluntary insurance shall forthwith cease and be of no effect when the insured property ceases to be a dwelling-house mentioned in sub-section (1a.) of section thirty-eight of the Act.”.
“ (
a )refuse any payment or other benefit under the insurance to the assured until the assured has recovered from the other person all damages and compensation to which the assured is entitled; or(
b )carry out his obligations to the assured under the insurance and recover for his own benefit from the other person all damages and compensation to which the assured is entitled.”.
“ This condition shall not apply to an insurance affected or continued with the consent of a Deputy Director of War Service Homes, but if, at the time of any destruction, damage or liability arising under this insurance, there is any other insurance covering that destruction, damage or liability, or any part thereof, the Director of War Service Homes shall not be liable for more than his ratable proportion thereof.”.
By Authority: L. F. Johnston, Commonwealth Government printer, Canberra.
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