Australian Military (Canteens Service) Regulations (Amendment)

STATUTORY RULES

1945. No. 180.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1945.*

I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting within advice of the Federal Executive Council, hereby making the following Regulation under the Defence Act 1903-1945.

Dated this twenty-third day of November, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

JOHN A. BEASLEY

for Minister of State for the Army.

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Amendment of the Australian Military (Canteens Service) Regulations.†

Regulation 21 of the Australian Military (Canteens Service) Regulations is repealed and the following regulation is inserted in its stead:—

Disposal of profits.

“21.—(1.) Subject to regulation 23 of these Regulations—

(a) for the purpose of providing for the repayment of any moneys, repayment of which has been guaranteed by the Treasurer under regulation 17 of these Regulations, and of maintaining adequate funds for the operations of the Canteens Service, such proportion (if any) of the profits and surplus funds of the Canteens Service as is determined by the Minister after consultation with the Commander-in-Chief, and with the concurrence of the Treasurer, shall remain undistributed and under the control of the Central Canteens Control Board and the funds so remaining undistributed may be used in the business of the Canteens Service;

(b) such sums as the Commander-in-Chief, with the approval of the Minister from time to time directs, shall be allocated by the Central Canteens Control Board from the profits and surplus funds of the Canteens Service and paid by the Board, to such trustees as the Minister, on

the recommendation of the Commander-in-Chief, directs or appoints, and shall be applied by these trustees to provide such assistance in the educational training of such children of ex-members and deceased members of the Australian Military Forces who served in the time of war after the third day of September, 1939, upon such terms and conditions, as the Minister, on the recommendation of the Commander-in-Chief, from time to time directs;

(c) such sums as the Commander-in-Chief, with the approval of the Minister, from time to time directs, shall be allocated by the Central Canteens Control Board from the profits and surplus funds of the Canteens Service and paid by the Board to a Committee constituted in accordance with sub-regulation (2.) of this regulation to be applied by the Committee as provided by sub-regulations (3.), (4.), (5.) and (6.) of this regulation; and

(d) subject to paragraphs (a), (b) and (c) of this sub-regulation, the manner of disposal of profits and surplus funds of the Canteens Service shall be as directed by the Commander-in-Chief, subject to the approval of the Minister as to the general basis of distribution:

Provided that—

(i) no amount in excess of such portion of profits and surplus funds available for distribution as is estimated by the Board to have been derived from trading with officers shall be directed to be used or be used for the benefit of officers, and

(ii) no expenditure shall be directed or made from profits or surplus funds for ordinary military requirements or in aid of any religious or philanthropic institution or for any purpose other than the benefit of officers, warrant officers, non-commissioned officers and private soldiers.

“(2.) The Committee referred to in paragraph (c) of sub-regulation (1.) of this regulation shall consist of the following four members to be approved by the Commander-in-Chief:—

a representative of the Adjutant-General’s Branch,

a representative of the Quartermaster-General’s Branch,

a representative of the Chief Finance Officer, and

a representative of the Australian Army Canteens Service, together with—

a member nominated by the Minister, and

a member nominated by the Federal Executive of the Returned Sailors’ Soldiers and Airmen’s Imperial League of Australia and approved by the Minister,

and shall be known as the A.M.F. Special Benefits Committee’.

“(3:) Subject to the general direction of the Commander-in-Chief, the A.M.F. Special Benefits Committee shall, in its discretion, utilize the sums paid to it pursuant to this regulation (to be known as ‘the A.M.F. Special Benefits Fund’) to provide relief for members or

ex-members of the Australian Military Forces who are serving or who have served in the time of war after the third day of September, 1939, or the dependants of such members or ex-members or of deceased members who served in that war, in necessitous cases which come to the notice of the Committee, upon such conditions as to granting relief and subject to such investigation of cases as the Committee may require.

“(4.) A member of the A.M.F. Special Benefits Committee shall not receive, or be entitled, to receive, any remuneration from the A.M.F. Special Benefits Fund for his services on the Committee, and no part of the A.M.F. Special Benefits Fund shall be used in providing any benefit or assistance for any person or for the family and dependants of such person whilst be remains a member of the Committee.

“(5.) For the purposes of sub-regulation (4.) of this regulation—

‘Family and dependants’ means the wife, child, step-child, adopted child, grand-child, father, step-father, mother, step-mother, brother, half-brother, sister, half-sister, grandparent, nephew or niece of a member of the Committee, and any woman who is or has been wholly or mainly maintained by a member of the Committee and who, although not legally married to him, has lived with him on a permanent and bona fide domestic basis, and any child of the member born out of wedlock and does not include any other persons.

“(6.) Notwithstanding anything contained in this regulation, a member of the A.M.F. Special Benefits Committee may be reimbursed out of the A.M.F. Special Benefits Fund for travelling and out-of-pocket expenses actually and reasonably incurred by him in the performance of his duties or in the exercise of the functions of his office, or may be indemnified out of the A.M.F. Special Benefits Fund against any payment made or liability incurred or undertaken by him with the approval of the Committee in the execution of his duty as a member of the Committee or for the purposes of the proper or efficient management and administration of the A.M.F. Special Benefits Fund.

“(7.) The Central Canteens Control Board shall at any time, if so required by the Commander-in-Chief, furnish to him a certificate showing the profits made by the Canteens Service to a specified date and the profits and surplus funds available at that date to be dealt with in accordance with sub-regulation (1.) of this regulation.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.