STATUTORY RULES.
1947. No. 106.
REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1930-1946.*
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 1920-1946.
Dated this thirty-first day of July, 1947.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
———
Amendments of the Australian Soldiers’ Repatriation Regulations.†
Definitions.
1. Regulation 5 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from the definition of “due to war service” all the words from and including the words “, if the claimant” to the end of the definition and inserting in their stead the words “but for the claimant being rendered ineligible for war pension solely by a circumstance or condition not permanently precluding eligibility ”.
Exercise of powers of Registrar of War Pensions by Registrar of Pensions.
2. Regulation 7 of the Australian Soldiers’ Repatriation Regulations is amended by omitting the words “Invalid and Old-age, Pensions Act 1908-1943” and inserting in their stead the words “Social Services Consolidation Act 1947”.
Declarations by claimants.
3. Regulation 12 of the Australian Soldiers’ Repatriation Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “Invalid and Old-age Pensions Act 1908-1943” and inserting in their stead the words “Social Services Consolidation Act 1947”; and
(b) by adding at the end thereof the following sub-regulations:—
“(3.) If a person makes a false statement in any declaration or form provided for under this Part (whether
*Notified in the Commonwealth Gazette on , 1947.
† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182.
3815.—Price 3d. 12/7.7.1947.
or not before any of the persons mentioned in sub-regulation (1.) of this regulation), he shall be guilty of an offence.
Penalty: Twenty-five pounds.
“(4.) Where a person is convicted of an offence under this regulation, the Court may, in addition to imposing a penalty in respect of the offence, order him to repay or return to the Commission any moneys, certificate or document received by him in consequence of the false statement in respect of which the offence was committed.
“(5.) This regulation shall not affect the liability of any person to be proceeded against under any other law, but he shall not be liable to be punished twice in respect of the same offence.”.
Notification of marriage, &c., by female dependant.
4. Regulation 26 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the following words and sub-regulation:—
“Penalty: Twenty-five pounds.
“(2.) Where a person is convicted of an offence under this regulation, the Court may, in addition to imposing a penalty in respect of the offence, order her to repay or return to the Commission any moneys received by her in consequence of her failure to send the written notification.”.
Advances not to be made on security of pension.
5. Regulation 27 of the Australian Soldiers’ Repatriation Regulations is amended—
(a) by adding at the end of sub-regulation (1.) the words— “Penalty: Twenty-five pounds.”; and
(b) by adding at the end of sub-regulation (2.) the words— “Penalty: Twenty-five pounds.”.
Widowed mother.
6. Regulation 32 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from paragraph (c) of sub-regulation (1.) the words “Invalid and Old-age Pensions Act 1908-1946” and inserting in their stead the words “Part III. of the Social Services Consolidation Act 1947”.
Interest on loans.
7. Regulation 53 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from sub-regulation (2.) the words “shall be added to the amounts of all loans granted to that person under these Regulations” and inserting in their stead the words “, the Interim Forces Benefits Regulations and these Regulations shall be added together”.
Orders not to be transferred.
8. Regulation 62 of the Australian Soldiers’ Repatriation Regulations is amended—
(a) by adding at the end of sub-regulation (1.) the words—
“Penalty: Twenty-five pounds.”; and
(b) by adding at the end of sub-regulation (2.) the words—
“Penalty: Twenty-five pounds.”.
Penalty for sale of chattels.
9. Regulation 130 of the Australian Soldiers’ Repatriation Regulations is amended—
(a) by adding at the end of sub-regulation (1.) the words—
“Penalty: Twenty-five pounds or imprisonment for three months.”;
(b) by omitting from sub-regulation (2.) the word “mortgagor” and inserting in its stead the word “person”; and
(c) by inserting in paragraph (a) of that sub-regulation, before the word “order”, the words “if the person convicted is the mortgagor,”.
10. Regulation 155 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—
Penalty for sale of chattels.
“155.—(1.) If any chattels the subject of a hire purchase agreement in accordance with Form D are, without the consent in writing of the Commission, and before the full value of the chattels as stated in the agreement has been paid as hire by the hirer to the Commission, sold, disposed of, removed, destroyed or dealt with by the hirer in breach of, or non-compliance with, any obligation imposed upon him by the agreement or by these Regulations, he shall be guilty of an offence.
Penalty: Twenty-five pounds or imprisonment for three months.
“(2.) On the conviction of a hirer for an offence under this regulation, the Court may, in addition to imposing a penalty—
(a) order the defendant to pay to the Commission the value, as stated in the agreement, of the chattels so sold, removed, destroyed or dealt with; or
(b) order the defendant or any other person in possession of the chattels or any of them to deliver the chattels to the Commission forthwith.”.
Extracts from Register not to be published.
11. Regulation 160 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of sub-regulation (2.) the words—
“Penalty: Twenty-five pounds.”.
Exercise by Commission of powers of Deputy Commissioner or Education Board.
12. Regulation 183 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—
“(3.) For the purpose of the last preceding sub-regulation, ‘the Commission’ includes, in relation to any power or authority delegated by the Commission in pursuance of regulation 182 of these Regulations, the person to whom that power or authority has been delegated.”.
Improper use of gifts or loans.
13. Regulation 185 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of sub-regulation (1.) the words—
“Penalty: Twenty-five pounds.”.
Disclosure of prior charge.
14. Regulation 186 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the words—
“Penalty: Twenty-five pounds.”.
Notification of marriage, &c., by female dependant.
15. Regulation 187 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the following words and sub-regulation:—
“Penalty: Twenty-five pounds.
“(2.) Where a person is convicted of an offence under this regulation, the Court may, in addition to imposing a penalty in respect of the offence, order her to repay or return to the Commission any moneys received by her in consequence of her failure to send the written notification.”.
Prohibition of certain acts in relation to assistance and benefits.
16. Regulation 189 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the following words and sub-regulations:—
“Penalty: Twenty-five pounds or imprisonment for three months.
“(2.) Where a person is convicted of an offence under this regulation, the Court may, in addition to imposing a penalty in respect of the offence, order him to repay or return to the Commission any money, allowances or goods received by him in consequence of the act in respect of which he was convicted.
“(3.) Proceedings under this regulation may be taken before a Court of summary jurisdiction.”.
Signature to forms.
17. Regulation 190 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of sub-regulation (3.) the words—
“Penalty: Twenty-five pounds.”.
Signatures in blank.
18. Regulation 192 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the words—
“Penalty: Twenty-five pounds.”.
19. After regulation 192 of the Australian Soldiers’ Repatriation Regulations the following regulations are inserted in Part XI of those Regulations:—
Offences.
“192a. Any person who wilfully acts in contravention of, or wilfully fails to comply with, any provision of these Regulations shall be guilty of an offence and, if no other penalty is prescribed, shall be liable to a penalty not exceeding Twenty-five pounds.
Time for commencement of prosecutions.
“192b. A prosecution in respect of an offence against these Regulations may be commenced at any time within three years after the commission of the offence.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.