STATUTORY RULES.
1933. No. 132.
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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1931.
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 1920-1931.
Dated this sixth day of December, 1933.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
C. W. C. MARR
Minister of State for Repatriation.
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Amendment of Australian Soldiers’ Repatriation Regulations.
(Statutory Rules 1925, No. 110 as amended to this date.)
Regulation 60 of the Australian Soldiers’ Repatriation Regulations is amended by omitting paragraph (c) and inserting in its stead the following paragraphs:—
(c) to furnish to the Deputy Commissioner when required by him—
(i) a statement, certified as correct by a competent auditor and by the Secretary of the Local Committee, showing, in respect of contributions received in pursuance of regulation 59 of these Regulations, the total receipts, total expenditure on benefits to soldiers or their dependants, total expenditure on administration, balance held, where banked or how invested; the statement to show progressive figures from the earliest date from which particulars are available and the qualification, trade or profession of the auditor;
(ii) a list of the full names, occupations, and addresses of the members of the Local Committee; and
(d) to furnish such other information as the Commissioner or a Deputy Commissioner from time to time requires.
2. After regulation 60 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—
“60a.—(1.) Where a Local Committee has failed or refused to furnish any information required to be furnished in pursuance of the provisions of paragraph (c) or paragraph (d) of regulation 60 of these
Regulations, the Deputy Commissioner may, by notice in writing, require the person who is acting or who has acted, as secretary to the Local Committee, or any member of the Local Committee, to furnish, within one month from the date of the notice, the particulars which the Local Committee was required to furnish.
(2.) If any notice given in pursuance of sub-regulation (1.) of this regulation is not complied with to the satisfaction of the Deputy Commissioner, the Commission may, by notification in the Gazette declare that the funds of the Local Committee to which the notice refers are vested in the Commission, and thereupon those funds shall become vested in the Commission.
(3.) Upon notification by the Commission that the funds of a Local Committee have been vested in the Commission pursuant to sub-regulation (2.) of this regulation, any person or body having the control of those funds shall transfer the funds to the Commission or otherwise deal with them as directed by the Deputy Commissioner.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Australian Soldiers’ Repatriation Regulations 1933, issued under the Australian Soldiers’ Repatriation Act 1920-1931, aim to amend existing regulations to better facilitate the oversight and management of funds and information related to the repatriation of soldiers. Enacted by the Governor-General in Council, these regulations are designed to enhance the accountability and transparency of local committees responsible for managing repatriation funds, ensuring that they provide comprehensive financial statements and necessary information to the Deputy Commissioner. The policy objective is to ensure that the repatriation process is administered effectively and efficiently, safeguarding the interests of soldiers and their dependants. These regulations introduce measures for compelling the provision of required information and vesting of funds in the Commission if necessary, thereby addressing the problem of non-compliance by local committees.
Scope and Application
The Regulations under the Australian Soldiers’ Repatriation Act 1920-1931 apply to Local Committees responsible for managing the contributions and benefits for soldiers or their dependants. These Local Committees are required to furnish detailed financial statements, certified by a competent auditor and the Secretary of the Local Committee, to the Deputy Commissioner. The statements must include progressive figures from the earliest available date, showing total receipts, expenditures on benefits and administration, and the balance held or invested. Additionally, Local Committees must provide a list of their members' full names, occupations, and addresses. The Regulations extend to any person acting or who has acted as a secretary to the Local Committee or any member of the Local Committee, and failure to comply with the information requirements may result in the Deputy Commissioner issuing a written notice for the required information. If the notice is not complied with, the Commission may declare that the Local Committee's funds are vested in the Commission, which would then require the transfer of these funds to the Commission as directed.
Key Provisions
The key operative sections of this Statutory Rule (C1933L00132) concern the amendments and insertion of regulations under the Australian Soldiers’ Repatriation Regulations. Specifically, regulation 60 is amended to require Local Committees to furnish detailed financial statements and lists of committee members, certified by a competent auditor and the Secretary of the Local Committee (Regulation 60(c)). Furthermore, Local Committees are mandated to provide any additional information required by the Commissioner or Deputy Commissioner (Regulation 60(d)). Regulation 60a introduces a provision allowing the Deputy Commissioner to compel individual committee members or secretaries to furnish required information if the Local Committee fails to do so (Regulation 60a(1)). If such a requirement is not met, the Commission can declare the Local Committee's funds vested in the Commission, which will then be transferred to the Commission (Regulation 60a(2)-(3)).
Under these regulations, Local Committees are obligated to produce detailed financial statements and member lists, certified by both an auditor and the committee’s Secretary. These statements must include total receipts, expenditure on benefits and administration, and the balance held or invested. Additionally, Local Committees must provide the full names, occupations, and addresses of their members. They are also required to furnish any other information requested by the Commissioner or Deputy Commissioner. In cases where a Local Committee fails to provide the necessary information, the Deputy Commissioner can require individuals, such as the secretary or members, to furnish the information within one month.
Failure to comply with the requirements set out in Regulation 60a can lead to serious consequences. If the Deputy Commissioner is not satisfied with the compliance of the required information, the Commission can declare that the funds of the Local Committee are vested in the Commission. This vesting takes effect upon notification in the Gazette. Consequently, any person or body controlling those funds must then transfer them to the Commission or handle them as directed by the Deputy Commissioner. This regulatory framework ensures that the funds are managed transparently and in accordance with the statutory requirements.