Australian Soldiers' Repatriation Regulations 1918 (Amendment)

Legislation au C1918L00179 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1918. No. 179.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917.

I, 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 to come into operation forthwith.

Dated this third day of July, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN,

Minister of State for Repatriation.

 

Amendment of the Australian Soldiers’ Repatriation Regulations 1918.

(Statutory Rules 1918, No. 88.)

1. Regulation 12 of the Australian Soldiers’ Repatriation Regulations is amended by omitting sub-regulation (2) thereof.

2. Regulation 13 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation is inserted in its stead:—

“13. A State Board shall not grant a loan for a longer period than ten years, and in determining the terms of repayment of the loan the State Board shall have regard to the purpose for which, and the general circumstances of the person to whom, the loan is granted, but the loan shall, as far as possible, he repayable in accordance with a schedule approved by the Minister.”

3. Regulation 21 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation is inserted in its stead:—

“21. Where a borrower who has obtained a loan from the Department is unable to repay the amount due by him, a State Board may write off the whole or any portion of the amount due:

Provided that where the amount due exceeds One hundred pounds the State Board shall refer the case, with a recommendation, to the Minister for determination.”

4. Regulation 48 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation is inserted in its stead:—

Soldiers with dependants.

“48. Where soldiers with dependants are, after discharge, under treatment in hospitals or special institutions, they or their dependants, as the Deputy-Comptroller decides, may be granted sustenance at a rate which will bring their incomes up to the rate provided by regulation 34.”

5. After regulation 55 of the Australian Soldiers’ Repatriation Regulations, the following regulation is inserted:—

Treatment of soldiers in hospitals.

“55a.—(1) Where a soldier has, after discharge, been admitted on the order of an approved medical officer, to a hospital or similar institution, a Deputy-Comptroller may pay such fees and charges as the Minister approves, for the treatment of the soldier in the hospital or institution.”

“(2) For the purposes of this regulation (approved) medical officer’ means a medical officer approved by a Deputy-Comptroller.”

6. Regulation 57 of the Australian Soldiers’ Repatriation Regulations is amended:—

(a) by omitting the word “re-establishment” and inserting in its stead the word “establishment”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2) “Where it is necessary for the establishment in civil life of an applicant, a State Board may make advances by way of loan, not exceeding Thirty-five pounds in each case, for the purchase of furniture.”

7. After regulation 60 of the Australian Soldiers’ Repatriation Regulations, the following regulation is inserted:—

Advances to soldiers in possession of land.

“60a. Where a soldier is in possession of land but is not eligible to receive financial assistance under a Soldiers’ Settlement Scheme of a State, a State Board may make advances by way of loan, not exceeding Fifty pounds in each case for the purchase of the necessary materials, plants and seeds required by the soldier for the purpose of obtaining a livelihood from the land.”

8. The Australian Soldiers’ Repatriation Regulations are amended by inserting therein, after regulation 75, the following regulation:—

Powers of State Board exercisable by Deputy-Comptroller.

“76. In the event of all the offices of members of a State Board being vacant at the same time the Minister may, by writing under his hand, authorize a Deputy-Comptroller, or such other person as the Minister thinks fit, to exercise, during such vacancy, like powers to those exercisable by the Board under these Regulations:

Provided that any grants or allowances made by a Deputy Comptroller or other authorized person in pursuance of power vested in him under this regulation shall be made from money supplied to him for that purpose by the Minister.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1918, No. 179, titled Regulations under the Australian Soldiers’ Repatriation Act 1917, was enacted in 1918 to address the immediate needs of Australian soldiers returning from World War I. The Regulations were made by the Governor-General in accordance with the Federal Executive Council's advice, and the policy objective was to provide practical support and financial assistance to these soldiers in their transition back to civilian life. This legislation aimed to streamline the administrative processes and financial provisions for the care and support of soldiers, ensuring they could reintegrate into society with the necessary resources. These Regulations amended and replaced several provisions from the Australian Soldiers’ Repatriation Regulations 1918, refining the terms of loans, repayment schedules, and financial assistance to ensure that soldiers and their families received adequate support.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1918, as amended by these statutory rules, pertain to the administration and financial support of Australian soldiers who have been discharged from military service. These regulations apply to individuals who have served in the Australian military and are now in need of assistance, including their dependants. The provisions set out in the regulations govern the terms under which loans can be granted, the conditions for loan repayment, and the process for writing off unpaid loans. They also outline the process for providing sustenance and treatment for soldiers who are still under medical care after discharge. The geographic reach of these regulations is national, as they apply across all states and territories in Australia, ensuring uniformity in the support provided to soldiers and their families. The regulations establish specific financial limits and conditions, such as the maximum loan period and the repayment schedules, as well as the criteria for approving loans for specific purposes such as the purchase of furniture or agricultural supplies. Additionally, the regulations address the handling of vacancies within the State Boards by allowing the Minister to delegate powers to Deputy-Comptrollers or other authorised persons during such vacancies.

Key Provisions

The Regulations under the Australian Soldiers’ Repatriation Act 1917 outline several key provisions that amend and update the existing Australian Soldiers’ Repatriation Regulations 1918. Regulation 12 is amended by removing sub-regulation (2), which likely referred to certain conditions or limitations previously in place. Regulation 13 is repealed and replaced, stipulating that State Boards may not grant loans for more than ten years. The regulation also instructs State Boards to consider the purpose and circumstances of the borrower when setting repayment terms, with an aim to align repayments with a schedule approved by the Minister (Regulation 13). Regulation 21 is repealed and replaced, allowing State Boards to write off the entire or a portion of a loan if the borrower is unable to repay. However, if the amount due exceeds one hundred pounds, the case must be referred to the Minister for determination (Regulation 21). Soldiers with dependants who are under treatment after discharge may be granted sustenance to match the rate specified in regulation 34, as decided by the Deputy-Comptroller (Regulation 48). These Regulations impose specific obligations on State Boards and Deputy-Comptrollers. State Boards must adhere to the ten-year limit on loan periods and consider the borrower’s circumstances when setting repayment terms (Regulation 13). They must also assess and potentially write off loans if borrowers are unable to repay, with cases exceeding one hundred pounds referred to the Minister (Regulation 21). Additionally, State Boards can provide sustenance to soldiers with dependants who are under treatment and may grant loans for the purchase of furniture or agricultural materials, up to specified limits (Regulations 48, 57, and 60a). Deputy-Comptrollers and authorized persons can exercise the powers of State Boards during vacancies, with any grants or allowances made from funds supplied by the Minister (Regulation 76). The Regulations do not explicitly outline specific offences or penalties for breaches. However, non-compliance with the stipulated terms and conditions, such as exceeding the loan period or failing to adhere to repayment schedules, could result in civil consequences. State Boards and Deputy-Comptrollers are required to follow the procedures set out in the Regulations, and failure to do so may lead to disputes or legal actions regarding the validity of grants or allowances made.

Legal classification tags

Area of Law
Veterans' Affairs
Instrument
Regulation
Concepts
Regulatory Standards
Licensing & Registration
Offence Provisions

Interactions

Authorises

All Versions

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.