AUSTRALIAN SOLDIERS’ REPATRIATION (No. 2).
No. 74 of 1947.
An Act to amend the Australian Soldiers Repatriation Act 1920–1946, as amended by the Commonwealth Public Service Act 1947 and by the Australian Soldiers’ Repatriation Act 1947.
[Assented to 5th December, 1947.]
BE it enacted by the King’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 Australian Soldiers’ Repatriation Act (No. 2) 1947.
(2.) The Australian Soldiers’ Repatriation Act 1920–1946, as amended by the Commonwealth Public Service Act 1947 and by the Australian Soldiers’ Repatriation Act 1947, is in this Act referred to as the Principal Act.
(3.) Section one of the Australian Soldiers’ Repatriation Act 1947 is amended by omitting sub-section (4.).
(4.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920–1947.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. After section one hundred and eighteen of the Principal Act the following section is inserted in Part IV.:—
Regulations
“118a.—(1.) The Governor-General may make regulations in relation to—
(a) the establishment of patriotic funds;
(b) the raising of moneys and acquiring of assets for patriotic funds;
(c) the control and distribution of moneys and assets raised or acquired by patriotic funds;
(d) the winding-up of patriotic funds and disposal of the assets and moneys of the funds; and
(e) the provision of penalties, not exceeding a fine of Fifty pounds or imprisonment for six months, for any breach of the regulations.
“(2.) In this section—
‘patriotic funds’ means any funds established, or to be established, for the purpose of providing comforts or financial or other assistance for—
(a) members of the Defence Force or their families or dependants;
(b) members of the Forces of any part of His Majesty’s dominions (other than Australia) or of any allied country; or
(c) war victims,
or for any similar purpose in connexion with the war, or for purposes including any such purpose;
‘the Defence Force’ includes any Force raised or maintained under the Defence Act 1903–1945, the Naval Defence Act 1901–1934 or the Air Force Act 1923–1941, whether in Australia or overseas, and the Australian Army Nursing Service;
‘the war’ means any war in which His Majesty became engaged on or after the third day of September, One thousand nine hundred and thirty-nine.”.
Overview
The Australian Soldiers’ Repatriation Act (No. 2) 1947 was enacted by the Commonwealth Parliament to amend the Australian Soldiers’ Repatriation Act 1920–1946. This amendment aimed to address issues related to the management and regulation of patriotic funds established for providing financial and other assistance to members of the Defence Force, their families and dependants, and other war-related beneficiaries. The policy objective was to ensure that patriotic funds are properly managed, regulated, and accountable, thereby supporting those who have served in the military or are affected by war.
This legislation allowed for the establishment of regulations governing the creation, funding, and operation of patriotic funds, as well as their dissolution and the disposition of their assets. It also provided for penalties for breaches of these regulations, up to a fine of Fifty pounds or imprisonment for six months. The Act was intended to ensure that patriotic funds were used effectively and efficiently for their intended purposes, ultimately supporting the welfare of those who have served in the Defence Force and their families.
Scope and Application
The Australian Soldiers' Repatriation Act (No. 2) 1947 serves as an amendment to the Australian Soldiers' Repatriation Act 1920-1946, specifically addressing the establishment, regulation, and administration of patriotic funds. This Act applies to individuals or entities establishing patriotic funds intended to support members of the Defence Force and their families, members of foreign forces or allied countries, and war victims. The geographic scope of the Act is national, extending throughout the Commonwealth of Australia. The Act grants the Governor-General the authority to make regulations governing the establishment, management, and dissolution of patriotic funds, including provisions for the control and distribution of funds and assets, as well as penalties for breaches of these regulations. Notably, the Act does not specify exclusions or exemptions, and it extends its application through the creation of subordinate regulations, which may further detail the provisions and operational aspects of patriotic funds.
Key Provisions
The Australian Soldiers' Repatriation Act (No. 2) 1947 amends the Australian Soldiers' Repatriation Act 1920–1946 to include new provisions regarding patriotic funds. Section 118a of the Act authorises the Governor-General to make regulations governing the establishment, operation, and dissolution of patriotic funds. These funds are defined as those established to provide support to members of the Defence Force, their families or dependants, members of allied forces, or war victims. The regulations cover various aspects, including the raising and control of moneys and assets, as well as the distribution and winding up of these funds (s. 118a(1)).
Under this Act, the parties or entities involved with patriotic funds must adhere to the regulations made by the Governor-General. This includes ensuring that funds are used solely for the purposes outlined in the Act, maintaining proper records, and complying with any other requirements set forth in the regulations. Failure to comply with these regulations may result in penalties, which can include fines not exceeding fifty pounds or imprisonment for up to six months (s. 118a(1)(e)).
The Act also specifies the consequences for breaches of the regulations. Any person found to be in breach of the regulations pertaining to patriotic funds may face criminal penalties. These penalties include fines and imprisonment, with the maximum fine set at fifty pounds and the maximum term of imprisonment at six months (s. 118a(1)(e)). These provisions ensure that patriotic funds are managed responsibly and that they serve their intended purpose of providing support to those in need.