STATUTORY RULES
1967 No.
REGULATIONS UNDER THE DEFENCE (RE-ESTABLISHMENT) ACT 1965-1966.*
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 Defence (Re-establishment) Act 1965-1966.
Dated this eighteenth day of July, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
Defence (Re-establishment Loans) Regulations
Citation.
1. These Regulations may be cited as the Defence (Re-establishment Loans) Regulations.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“agricultural occupation” has the same meaning as in Part VI. of the Act;
“eligible person” has the same meaning as in section 50 of the Act;
“the Act” means the Defence (Re-establishment) Act 1965-1966.
Prescribed authorities.
3. For the purposes of Part VI. of the Act—
(a) the Repatriation Commission appointed under the Repatriation Act 1920-1966; and
(b) the person holding, or performing the duties of, the office of Assistant Secretary, War Service Land Settlement, in the Department of Primary Industry,
are each a prescribed authority.
Prescribed period.
4.—(1.) In this regulation—
“incapacitated eligible person” means an eligible person who, before the expiration of six months after the relevant day, became incapacitated as the result of an occurrence that happened during his period of national service as a result of which he is unable to follow his usual occupation or another appropriate occupation and is receiving or has received, in respect of that incapacity—
(a) treatment or training under Part VIII. of the Social Services Act 1947-1966 in its application to disabled persons by virtue of section 47 of the Act;
(b) compensation under the Commonwealth Employees’ Compensation Act 1930-1964; or
* Notified in the Commonwealth Gazette on 1967.
6071/67—Price 5c 12/21.6.1967
(c) pension or other benefit under the Repatriation (Special Overseas Service) Act 1962-1966.
“the relevant day”, in relation to an eligible person, means—
(a) if the eligible person was discharged from the Regular Army Supplement before the commencement of these Regulations—the date of commencement of these Regulations; or
(b) in any other case—the date on which the eligible person is discharged from the Regular Army Supplement.
“the relevant period”, in relation to an eligible person who applies for training under the National Service Vocational Training Scheme, means—
(a) in the case of an incapacitated eligible person—the period expiring twelve months after the person is sufficiently recovered from his incapacity to undertake the training; or
(b) in the case of any other eligible person—the period of six months after the relevant day.
(2.) For the purposes of paragraph (a) of sub-section (1.) of section 55 of the Act, the prescribed period, in relation to an eligible person, is—
(a) if the eligible person applies for training under the National Service Vocational Training Scheme before the expiration of the relevant period, is accepted for training under that Scheme and commences the training for which he has been accepted—the period commencing on the relevant day and ending on the expiration of twelve months after the completion or earlier termination, as the case may be, of that training;
(b) if the eligible person is an incapacitated eligible person who is not an incapacitated eligible person in relation to whom the last preceding paragraph applies—the period commencing on the relevant day and ending on the expiration of twelve months after he is sufficiently recovered from his incapacity to engage in the occupation in respect of which the loan is applied for; or
(c) in the case of any other eligible person—the period of twelve months immediately following the relevant day.
Prescribed occupations.
5. An occupation, business or practice that is not an agricultural occupation is a prescribed occupation, business or practice for the purposes of paragraph (b) of sub-section (1.) of section 52 of the Act.
Amounts of loans.
6.—(1.) The amount prescribed for the purposes of paragraph (a) of subsection (1.) of section 52 of the Act is Six thousand dollars.
(2.) For the purposes of paragraph (b) of sub-section (1.) of section 52 of the Act the amount prescribed in respect of a prescribed occupation, business or practice is Three thousand dollars.
Rate of interest.
7. The prescribed rate of interest is four and one-half per centum per annum.
Power to require information.
8.—(1.) The prescribed authority may, by notice in writing served by post on a person whom it believes to be in a position to do so, require that person to furnish to it such information relating to any matter which might affect the grant of a loan under Part VI. of the Act to any other person as is specified in the notice.
(2.) A person on whom a notice under the last preceding sub-regulation has been served shall not, without lawful excuse—
(a) fail to furnish the information accordingly within fourteen days after the notice is served upon him; or
(b) furnish information that is false or misleading in a material particular.
Penalty: One hundred dollars.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra