Australian Soldiers' Repatriation Regulations (Amendment)

Legislation au C1938L00010 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1938. No. 10.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1937.*

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 1920-1937.

Dated this second day of February, 1938.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. S. FOLL

Minister of State for Repatriation.

 

Amendment of the Australian Soldiers’ Repatriation Regulations.

Commencement.

1. Regulations 2, 3 and 5 of these Regulations shall be deemed to have come into operation on the 1st January, 1938.

Definitions.

2. Regulation 3 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting from the definition of “Child” the words “first day of October One thousand nine hundred and thirty-one” and inserting in their stead the words “thirtieth day of June One thousand nine hundred and thirty-eight”;

(b) by omitting from the definition of “Married” the words “second day of October One thousand nine hundred and thirty-one” and inserting in their stead the words “first day of July One thousand nine hundred and thirty-eight”;

(c) by omitting the definition of “Widow” and inserting in its stead the following definition:—

“‘Widow’ means the widow of a deceased soldier, irrespective of the date of the marriage, and includes—

(a) a person who is eligible for a war pension under section thirty-six of the Act in respect of the death of a soldier; and

(b) a widow who is entitled to pension under section thirty-nine a of the Act;”; and

(d) by omitting from the definition of “Wife” the words “first day of October One thousand nine hundred and thirty-one” and inserting in their stead the words “thirtieth day of June One thousand nine hundred and thirty-eight”.

 

* Notified in the Commonwealth Gazette on , 1938.

† Statutory Rules 1934, No. 16, as amended by Statutory Rules 1935, Nos. 7, 84 and 136; 1936, No. 134; and 1937, No. 56.

120.—Price 3d.


Definitions in Part II of the Regulations.

3. Regulation 4 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from the definition of “Child” the words “first day of October One thousand nine hundred and thirty-one” and inserting in their stead the words “thirtieth day of June One thousand nine hundred and thirty-eight”.

Special provisions as to declarations.

4. Regulation 34 of the Australian Soldiers’ Repatriation Regulations is amended by omitting the word “three” and inserting in its stead the word “twelve”.

Definitions in Part VI of the Regulations.

5. Regulation 100 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from the definition of “eligible child” the words “first day of October, One thousand nine hundred and thirty-one” and inserting in their stead the words “thirtieth day of June One thousand nine hundred and thirty-eight”.

Power of Deputy Commissioner to require information.

6. Regulation 193 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) No action or proceeding, civil or criminal, shall lie against any person in respect of any information in any report or answer furnished by him in pursuance of the requirements of this regulation.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1938 No. 10, titled "Regulations Under the Australian Soldiers' Repatriation Act 1920-1937," was enacted by the Governor-General in Council to address certain administrative aspects and definitions within the existing regulations of the Australian Soldiers' Repatriation Act 1920-1937. These regulations were aimed at clarifying and updating the definitions and procedural requirements in the original act to ensure that the support and benefits provided to soldiers and their families were administered correctly and in line with the evolving circumstances. The policy objective of these regulations was to ensure that the administrative framework supporting the repatriation and support of soldiers and their dependents remained effective and responsive to the needs of those affected by military service.

Scope and Application

The Australian Soldiers’ Repatriation Regulations, as amended by these Statutory Rules, apply to the administration of benefits and support for former Australian military personnel and their dependents under the Australian Soldiers’ Repatriation Act 1920-1937. These regulations encompass the definitions and specific provisions that govern the eligibility criteria for various benefits, such as pensions for widows and children, and outline the procedural requirements for claims and declarations. The amendments to these regulations extend to altering the definitions of terms like "Child," "Married," "Widow," and "Wife," as well as extending the period for making certain declarations from three to twelve months. These regulations are applicable nationally across the Commonwealth of Australia, ensuring uniformity in the application of repatriation benefits. While the regulations provide detailed guidelines, they do not specify any exclusions or exemptions but may be subject to further adjustments through subordinate instruments as necessary.

Key Provisions

The main sections of the Statutory Rules 1938 No. 10, which amends the Australian Soldiers' Repatriation Regulations, include the amendment of various definitions and provisions related to the eligibility and rights of soldiers' dependents. For instance, section 2 amends the definitions of "Child," "Married," "Widow," and "Wife" to extend the eligibility periods for certain benefits (s. 2). Additionally, section 3 modifies the definition of "Child" to change the eligibility period to 30 June 1938 (s. 3). Section 4 extends the period for submitting declarations from three to twelve months (s. 4). Section 5 changes the eligibility period for "eligible child" to 30 June 1938 (s. 5). Finally, section 6 adds a sub-regulation to protect individuals from legal action based on information provided in reports or answers under Regulation 193 (s. 6). These amendments impose specific obligations on various parties, primarily those involved in the administration and processing of benefits under the Australian Soldiers' Repatriation Act 1920-1937. They require the relevant authorities to adjust their records and processes to align with the updated definitions and eligibility periods. For example, the authorities must now consider individuals who meet the new criteria for "Child," "Married," "Widow," and "Wife" when assessing their entitlement to benefits. Additionally, they must allow a longer period for the submission of necessary declarations and provide protections against legal repercussions for those who furnish information in good faith. The regulations also outline the potential consequences for non-compliance or breaches. Section 6 specifically addresses the immunity from civil or criminal action for individuals who provide information as required under Regulation 193. This immunity is crucial to encourage compliance and ensure that individuals do not hesitate to furnish necessary information due to fear of legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is clear that adherence to the regulations is mandatory, and failure to comply could lead to legal or administrative repercussions as defined under the overarching Australian Soldiers' Repatriation Act 1920-1937.

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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.