Australian Soldiers' Repatriation Regulations 1919 (Amendment)

Overview

The Statutory Rules of 1919, No. 290, are regulations made under the Australian Soldiers’ Repatriation Act 1917-1918 by the Governor-General, acting on the advice of the Federal Executive Council. These regulations, which came into operation on 22 September 1919, are designed to amend the Australian Soldiers’ Repatriation Regulations of 1919, particularly Regulation 74. The purpose of this regulation is to ensure that the State Board manages applications from soldiers seeking tools of trade or other articles exceeding £10 in value, enabling the Board to issue orders under this regulation in addition to any orders under the subsequent regulation. The objective is to provide comprehensive support to soldiers in need of such items post-service.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1919, as amended by Statutory Rules 1919, No. 290, pertain specifically to the regulation of benefits and provisions for soldiers who have served in the Australian military and require repatriation support. This regulation applies to persons who have served in the military and are now in need of tools of trade or other articles that exceed the value of £10, with the State Board being tasked with handling such applications. The geographic and jurisdictional reach of these regulations is national, as they are issued under the Commonwealth of Australia. This regulation does not specify exclusions or exemptions explicitly, but it does establish a monetary threshold for the value of tools or articles that the State Board can provide. The application and scope of these regulations can be further extended or restricted through subordinate instruments, which may introduce additional conditions or clarifications regarding the supply of tools or articles to military personnel.

Key Provisions

The primary operative section of this legislative instrument, Regulation 74 of the Australian Soldiers’ Repatriation Regulations 1919, introduces a proviso that adds a condition to the existing provisions regarding the supply of tools of trade or other articles to applicants (Regulation 74(1)). This amendment allows the State Board to handle applications for tools or articles exceeding the value of £10, and permits them to issue an order under this regulation in addition to another order under the subsequent regulation (Regulation 74(2)). This addition provides an extra layer of flexibility and authority to the State Board in managing and approving such applications. The Act imposes specific obligations and requirements on the State Board, particularly in the context of processing applications for tools or articles exceeding £10 in value. The Board is mandated to deal with these applications and has the discretion to grant an order under this regulation (Regulation 74(3)). This places a duty on the Board to carefully consider and assess each application, ensuring that the provisions of the Act are adhered to in making decisions. Furthermore, the Board’s ability to issue an additional order under the next succeeding regulation highlights the importance of thorough evaluation and due process in their decision-making. The legislative instrument does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, the broader framework of the Australian Soldiers’ Repatriation Act 1917-1918 and related regulations may include provisions that address non-compliance and unauthorised actions. Typically, breaches of such regulations could lead to civil or administrative penalties, depending on the severity and nature of the breach. The specific consequences and penalties would be determined in accordance with the overarching legislation and any relevant case law or administrative guidelines. In summary, this legislative instrument amends Regulation 74 to provide the State Board with additional authority and flexibility in handling applications for tools or articles exceeding £10 in value. The Board is required to carefully process these applications and may issue additional orders as necessary. While the specific penalties for non-compliance are not detailed in this particular regulation, they would be governed by the broader legislative framework and any relevant administrative or judicial decisions.