STATUTORY RULES.
1919. No. 100.
———
REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917–1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Australian Soldiers’ Repatriation Act 1917–1918, to come into operation from the ninth day of December, 1918.
Dated the 23rd day of April, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN,
Minister of State for Repatriation.
Amendment of Australian Soldiers’ Repatriation Regulations 1918.
(Statutory Rules 1918 No. 88 as amended by Statutory Rules 1918 Nos. 179, 197, 215, 254, 296, 308, and 325, and Statutory Rules 1919 Nos. 20, 28, 44 and 55.)
1. After regulation 38 (a) of the Australian Soldiers’ Repatriation Regulations, the following regulation is inserted:—
“38 (b)—(1) Where the granting of sustenance to a land settler who is in necessitous circumstances may reasonably be expected to insure the success of his undertaking, sustenance may be granted to a land settler at any time during the first two years of his occupancy for a period not exceeding, or periods not exceeding in the aggregate, six months, in accordance with the following scale:—
(a) To a soldier who is unmarried such amount as will insure to him a weekly income, inclusive of pension, of £1.
(b) To a soldier who is married such amount as will insure to him a weekly income, inclusive of pension or combined pensions, of £1 10s.
(c) For each child of a soldier a weekly amount of 2s. 6d.
Provided that the amount payable under paragraph (c) of this sub-regulation shall not be payable for more than four children of any one soldier.
(2) Where the land settler is operating under a scheme controlled by a State, the sustenance payable under this regulation shall be paid by and at the discretion of the State authority controlling the scheme.
(3) Where the land settler is not operating under a scheme controlled by a State, a State Board may grant the sustenance payable under this regulation after obtaining from a Local Committee a report on the application.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1919 No. 100, issued under the Australian Soldiers’ Repatriation Act 1917–1918, was enacted by the Governor-General in Council to address the specific needs of soldiers seeking to re-establish themselves through land settlement post World War I. This legislative instrument aimed to support land settlers who were veterans in necessitous circumstances by providing them with sustenance allowances for up to six months during the initial two years of their settlement, thereby facilitating their agricultural endeavours. The policy objective was to ensure the success of these land settlers, thereby aiding their economic stability and contributing to post-war recovery efforts. This regulation was a critical component in implementing the broader goals of the Australian Soldiers’ Repatriation Act, providing targeted support to veterans who chose to become land settlers.
Scope and Application
The Australian Soldiers’ Repatriation Regulations 1918, as amended by the Statutory Rules 1919 No. 100, primarily apply to soldiers who are land settlers and are in necessitous circumstances. These regulations allow for the granting of sustenance to such soldiers during the first two years of their occupancy of land, provided that the sustenance may reasonably be expected to ensure the success of their undertaking. The sustenance is provided in accordance with a specified scale, which varies based on the soldier's marital status and the number of children they have. The regulations also outline the circumstances under which sustenance can be granted by state authorities or state boards, depending on whether the land settler operates under a state-controlled scheme. These regulations have a national reach, as they are made under the Australian Soldiers’ Repatriation Act 1917–1918, which is a Commonwealth Act. Any exclusions or exemptions from the application of these regulations are not specified within the text provided.
Key Provisions
The Australian Soldiers’ Repatriation Regulations 1918 have been amended with the insertion of a new regulation 38(b), which applies to land settlers who find themselves in difficult circumstances. Regulation 38(b) (1) allows for the provision of sustenance to such land settlers, particularly soldiers, provided it is deemed necessary for the success of their undertakings. This support can be granted during the first two years of their occupancy and is limited to a maximum total duration of six months. The amount of sustenance is determined based on the soldier's marital status and the number of children they have, aiming to ensure a specific weekly income. For instance, an unmarried soldier can receive an amount that guarantees a weekly income of £1, while a married soldier can receive an amount ensuring a weekly income of £1 10s. Additionally, each child is entitled to a weekly amount of 2s. 6d, up to a maximum of four children per soldier.
The obligation under this regulation falls on both the State authorities and State Boards, depending on whether the land settler operates under a State-controlled scheme. If the settler is under such a scheme, the sustenance is to be paid by and at the discretion of the State authority overseeing the scheme. Conversely, if the land settler is not operating under a State-controlled scheme, a State Board can grant the sustenance after obtaining a report from a Local Committee regarding the application. This process ensures that the sustenance is provided only to those who genuinely need it and are operating under the right conditions.
Non-compliance with the provisions of this regulation may result in serious consequences. While the specific offences, penalties, or legal ramifications for breach are not detailed in the provided text, it is reasonable to infer that any failure to adhere to the stipulated conditions for granting sustenance could lead to legal actions or administrative penalties. Given the context and the importance of the support provided to land settlers, breaches might be subject to significant scrutiny and potential penalties under the overarching Australian Soldiers’ Repatriation Act 1917–1918. The exact penalties, however, would need to be referenced from the main Act itself or further regulations that may not be included in the provided excerpt.