Australian Soldiers' Repatriation Fund Act 1916

Legislation au C1916A00007 Not in force Act

Legislation content

AUSTRALIAN SOLDIERS’ REPATRIATION FUND.

 

No. 7 of 1916.

An Act to make provision for the Administration of the Australian Soldiers’ Repatriation Fund.

[Assented to 30th May, 1916.]

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.

1. This Act may be cited as the Australian Soldiers’ Repatriation Fund Act 1916.

Definitions.

2.—(1.) In this Act, unless the contrary intention appears—

“The Fund” means the Australian Soldiers’ Repatriation Fund;

“The State War Council” means, in regard to each State, the body appointed or recognized by the Governor in Council of that State as the State War Council and approved of by the Governor-General;

“The Trustees” means the trustees for the time being of the Fund.

(2.) For the purposes of this Act—

(a) any person who is or has been a member of the Forces within the meaning of the War Pensions Act 1914-1915, or to whom that Act applies or has applied as if he were a member of the Forces, shall be deemed to be an Australian soldier within the meaning of this Act; and

(b) any person who is a member of the family of a member of the Forces within the meaning of the War Pensions Act 1914-1915 shall be deemed to be a dependant of an Australian soldier within the meaning of this Act.

Vesting of Fund.

3. The Fund shall be vested in and placed under the control of the trustees appointed by or under this Act.

Trustees of Fund.

4.—(1.) The following persons, that is to say—

The Prime Minister of the Commonwealth;

Arthur Sydney Baillieu, Esquire, of Melbourne, in the State of Victoria;

The Honorable Sir John Langdon Bonython, K.B., C.M.G., of Adelaide, in the State of South Australia;


The Right Honorable Sir John Forrest, P.C., G.C.M.G., Member of the House of Representatives;

John Joseph Garvan, Esquire, of Sydney, in the State of New South Wales;

Edward Grayndler, Esquire, of Sydney aforesaid;

Samuel Hordern, Esquire, of Sydney aforesaid;

The Honorable John McEwan Hunter, Secretary for Public Lands of the State of Queensland;

The Honorable Sir William Hill Irvine, K.C.M.G., Member of the House of Representatives;

Senator the Honorable James Joseph Long;

Senator the Honorable Edward Davis Millen;

Denison Samuel King Miller, Esquire, of Sydney aforesaid;

The Honorable James Page, Member of the House of Representatives;

The Honorable Alexander Poynton, Member of the House of Representatives; and

Owen Morrice Williams, Esquire, of Melbourne aforesaid,

shall be trustees of the Fund.

(2.) The Prime Minister shall be ex officio chairman of the trustees.

(3.) At their first meeting in each calendar year the trustees may elect one of their number to be deputy chairman until the first meeting in the next calendar year.

(4.) In the absence of the Prime Minister from any meeting, the deputy chairman shall preside, and if he be also absent the trustees present may elect one of their number to act as chairman at the meeting.

(5.) If at any time any vacancy arises in the number of the said trustees, by resignation addressed to the Prime Minister, or in the case of any trustee other than the Prime Minister by failure without leave to attend any of three consecutive meetings of the trustees convened during a period of six months, or by death, or other cause, the Governor-General may appoint another person to be trustee to fill the vacancy so arising. Every such appointment shall be notified in the Gazette.

(6.) At any meeting of the trustees seven trustees shall form a quorum.

Trustees may appoint Executive Committee.

5.—(1.) At any meeting of the trustees at which not less than two-thirds of the whole number of trustees are present, the trustees may appoint an Executive Committee of the trustees.

(2.) The Executive Committee shall consist of the chairman and the deputy chairman of the trustees, and of three other members elected by the trustees.

(3.) The members elected by the trustees shall hold office for twelve months from the date of their election.

(4.) Any vacancy occurring in the office of an elected member of the Executive Committee may be filled by the election of another member by the trustees.

(5.) Two members of the Executive Committee shall form a quorum.


(6.) The Executive Committee shall have and may exercise such powers and functions as are conferred or imposed upon them by the trustees.

Duties of trustees.

6.—(1.) The trustees shall be charged with the duties of—

(a) allocating to the various State War Councils such sums or property as the trustees from time to time determine;

(b) investing in securities of the Commonwealth or a State, or on fixed deposit or on current account in any bank incorporated or carrying on business in the Commonwealth, such part of the Fund as is not immediately required for the purposes for which the Fund has been established; and

(c) selling or otherwise disposing of, or postponing the sale or disposition of, any property forming portion of the receipts of the Fund.

(2.) The trustees may pay from the Fund all proper expenses of and incidental to administration of the Fund.

(3.) The trustees shall forward to the Prime Minister, for presentation to the Parliament, an annual report upon the receipts expenditure and administration of the Fund.

Distribution by State War Councils.

7. The sums or property from time to time allocated by the trustees to a State War Council shall be held by the State War Council upon the trusts following, namely:—

To apply such sums or property (subject to such conditions as the Governor-General, on the recommendation of the trustees, from time to time prescribes, and after payment of all proper expenses of and incidental to the receipt and expenditure by the Council of the sums or property allocated to it) for such purposes, being purposes for the assistance and benefit of Australian soldiers and of their dependants, and in such manner, as the Council in its discretion thinks fit.

Audit of accounts of fund.

8.—(1.) All books and accounts kept by the trustees and by each State War Council in connexion with the Fund shall be audited from time to time by the Auditor-General of the Commonwealth.

(2.) The report of each audit shall be made to the Commonwealth Treasurer who shall cause a copy of the report to be laid on the table of each House of the Parliament.

Regulations.

9. The Governor-General may, on the recommendation of the trustees, make regulations prescribing the conditions under which a State War Council may expend any sum or dispose of any property allocated to it by the trustees, and may make regulations for carrying out or giving effect to any other matter arising under this Act.

 

Overview

The Australian Soldiers’ Repatriation Fund Act 1916 was enacted by the Parliament of the Commonwealth of Australia to establish and govern the Australian Soldiers’ Repatriation Fund, which was intended to provide financial assistance and support for Australian soldiers and their dependents. The Act was introduced in response to the need for a structured financial mechanism to support soldiers returning from service during the First World War, including those who were wounded, disabled, or in need of other forms of assistance. The policy objective of the Act is to ensure that the Fund is properly managed and administered to effectively provide for the welfare of soldiers and their families. The Act vests the Fund in trustees appointed by the Governor-General, who are tasked with allocating funds to State War Councils, investing the Fund, and ensuring accountability through annual reporting and audits.

Scope and Application

The Australian Soldiers’ Repatriation Fund Act 1916 establishes the framework for the administration of the Australian Soldiers’ Repatriation Fund, with the primary objective of providing financial assistance and benefits to Australian soldiers and their dependants. The Act applies to any person who is or has been a member of the Forces as defined under the War Pensions Act 1914-1915, as well as to the members of their families, who are deemed to be Australian soldiers and dependants respectively. The Act vests the Fund in a group of trustees, who are responsible for managing the Fund's assets and distributing sums to the State War Councils for the benefit of eligible recipients. The geographic reach of this Act is national, as it applies across the Commonwealth of Australia, with the Prime Minister serving as the ex-officio chairman of the trustees. The Act allows for the creation of regulations by the Governor-General to further detail the conditions and procedures for the administration and disbursement of the Fund by the State War Councils. The Act does not explicitly state any exclusions, exemptions, or thresholds, though the application of the Fund is subject to the conditions prescribed by the Governor-General in regulations.

Key Provisions

The Australian Soldiers' Repatriation Fund Act 1916 (sections 1-9) establishes the framework for the administration of the Australian Soldiers' Repatriation Fund. This fund is designed to assist Australian soldiers and their dependants, and is overseen by a set of trustees appointed under the Act. The trustees are tasked with managing the Fund, which includes allocating funds to State War Councils, investing surplus funds, and reporting annually on the Fund's administration (section 6). The trustees also have the authority to form an Executive Committee to assist in the administration of the Fund (section 5). The Act imposes specific obligations on the trustees, including the allocation of funds to State War Councils, investment of surplus funds, and the preparation and submission of an annual report to the Parliament (section 6). The trustees must ensure that the Fund is administered efficiently and transparently, with all accounts and financial records subject to audit by the Auditor-General (section 8). Additionally, the trustees are responsible for recommending regulations to the Governor-General for the proper management and expenditure of the Fund by the State War Councils (section 9). Failure to comply with the provisions of this Act may result in various civil and criminal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of fiduciary duty, mismanagement of funds, or failure to report accurately could lead to legal action against the trustees. Additionally, the trustees may face disciplinary actions or removal from office if they do not fulfil their obligations as outlined in the Act. The seriousness of the penalties would depend on the nature and extent of the breach, and would be determined in accordance with relevant laws and legal precedents.

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Delegation & Subordinate Legislation
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.