STATUTORY RULES.
1918. No. 215.
REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917–1918.
I, SIR ARTHUR LYULPH STANLEY, Deputy of 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 Australian Soldiers’ Repatriation Act 1917–1918 to come into operation forthwith.
Dated this fourteenth day of August, 1918.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
E. D. MILLEN,
Minister of State for Repatriation.
Amendments of Australian Soldiers’ Repatriation Regulations 1918 (Statutory Rules 1918, No. 88).
After Regulation 34 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—
Order for necessaries in lieu of cash payments.
“34a. Where, by reason of special circumstances a State Board considers it advisable it may direct that such portion, as it thinks fit, of the sustenance allowance payable to a soldier under Regulation 34 shall be granted, in the form of orders for necessaries, to the wife or children of the soldier.”
After Regulation 38 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—
Sustenance while waiting for a business.
“38a. Where an approved applicant is waiting for a business, a State Board may grant him sustenance at the rate provided by Regulation 34 for a maximum period of three weeks.”
Regulation 73 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from Sub-regulation (1) the words “these Regulations” and inserting in their stead the words “the Act or the Regulations.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
The Australian Soldiers’ Repatriation Regulations 1918 were enacted as a legislative instrument to provide additional support and flexibility under the Australian Soldiers’ Repatriation Act 1917–1918. These regulations were introduced by the Deputy of the Governor-General, Sir Arthur Lyulph Stanley, on behalf of the Commonwealth of Australia, with advice from the Federal Executive Council. The primary purpose of these regulations was to address the needs of soldiers and their families by allowing State Boards to provide sustenance allowances in the form of orders for necessities instead of cash payments in special circumstances, and to grant sustenance to approved applicants awaiting business for up to three weeks. This legislative instrument aimed to enhance the support mechanisms for soldiers during their repatriation process, ensuring they and their families had adequate resources during challenging times.
Scope and Application
The Regulations under the Australian Soldiers’ Repatriation Act 1917–1918 apply to soldiers who are awaiting the conclusion of their business related to their repatriation and their immediate family members. The Act pertains to Commonwealth jurisdiction, impacting soldiers and their families across Australia. The regulations specifically allow for the provision of sustenance allowances in the form of orders for necessary items or direct sustenance payments when a soldier is waiting for a business to conclude, thereby addressing immediate needs due to special circumstances. These regulations extend the provisions of the Act by providing additional flexibility in the distribution of sustenance, ensuring that soldiers and their families are adequately supported during periods of waiting. The scope of these regulations is confined to the circumstances outlined, without broader exemptions or exclusions, ensuring targeted support for those in need.
Key Provisions
The Australian Soldiers' Repatriation Regulations 1918 (Statutory Rules 1918, No. 215) include several key provisions that amend the previous regulations under the Australian Soldiers’ Repatriation Act 1917–1918. Regulation 34a introduces a provision where State Boards can grant sustenance allowance to a soldier's wife or children in the form of orders for necessaries if special circumstances warrant it. This provides flexibility in the disbursement of benefits to those in need, ensuring that soldiers' families receive necessary support in a manner that suits their specific situation. Regulation 38a allows State Boards to provide sustenance to approved applicants waiting for a business for up to three weeks, ensuring that those in transition receive adequate support during periods of unemployment. Finally, Regulation 73 has been amended to clarify the scope of applicability, ensuring that references to the Act or the Regulations are correctly identified.
These regulations impose obligations on State Boards to assess the circumstances of soldiers and their families, and to make decisions regarding the provision of sustenance allowances and support in the form of orders for necessaries. State Boards must ensure that the benefits are granted fairly and in accordance with the provisions outlined in the regulations. Additionally, they must maintain records and provide justification for any decisions made under these regulations.
The legislation does not explicitly state any specific offences, penalties, or consequences for breaches within the text provided. However, given the nature of statutory regulations and the importance of their implementation, it can be inferred that any failure to comply with these provisions, such as improperly distributing allowances or not adhering to the stipulated timelines, could lead to administrative or legal repercussions. While the specific penalties are not detailed in the text, breaches of such regulations could potentially result in disciplinary action against the responsible officials, or in more severe cases, legal action under the broader framework of the Australian Soldiers’ Repatriation Act 1917–1918.