Interim Forces Benefits Act 1947

Legislation au C1947A00046 Not in force Act

Legislation content

INTERIM FORCES BENEFITS.

 

No. 46 of 1947.

An Act to provide certain Benefits for members of the Interim Forces by reason of their service with such Forces, and for other purposes.

[Assented to 12th June, 1947.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Interim Forces Benefits Act 1947.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3 In this Act, unless the contrary intention appears—

“discharge” includes termination of appointment;

“member of the Interim Forces” means a person who, after the thirtieth day of June, One thousand nine hundred and forty-seven, and prior to a date fixed by the Minister by notice in the Gazette, enlists or re-engages in, or is appointed or re-appointed to, the Naval, Military or Air Forces of the Commonwealth for a term not exceeding two years.

Benefits of members of the Forces.

4. In addition to the rights derived by members of the Naval, Military or Air Forces of the Commonwealth, who enlist or re-engage in, or are appointed or re-appointed to, those Forces after the thirtieth day of June, One thousand nine hundred and forty-seven, as the conditions directly governing their service in any of those Forces under any law regulating that service, the benefits, advantages and assistance which shall accrue to, or in relation to, those members by reason of their service after that date, shall be those which are provided for or in respect of those members by this Act and the regulations made under this Act and shall be no others.

Leave on discharge.

5.—(1.) A member of the Interim Forces shall, immediately prior to his discharge, unless his discharge is, in the opinion of the prescribed authority, other than an honorable discharge, be entitled to leave of absence—

(a) where the member has been engaged in those Forces for a period of not less than six months—for a period of thirty days; and

(b) in any other case—for a period of fifteen days.


(2.) Leave under this section in respect of service as a member of the Interim Forces shall, subject to the next succeeding sub-section, be calculated independently of any prior period of service with the Naval, Military or Air Forces of the Commonwealth commenced before the first day of July, One thousand nine hundred and forty-seven.

(3.) Where the service of a member of the Interim Forces is continuous with a prior period of service with the Naval, Military or Air Forces of the Commonwealth commenced before the first day of July, One thousand nine hundred and forty-seven, one period of leave may be granted under this section in respect of the sum of both periods of service, and the right to leave provided by this sub-section in respect of any period of service shall be in substitution for any right to leave in respect of that period under any other Act.

War pensions for male members of the Interim Forces.

6.—(1.) Subject to the provisions of this section, the provisions of Divisions 1 to 4 (inclusive) (other than section twenty-four) of Part III. of the Australian Soldiers’ Repatriation Act 1920–1947, of sections one hundred and one and one hundred and three of that Act and of the Schedules to that Act, shall extend to, and in relation to, male members of the Interim Forces and to the dependants of such members.

(2.) For the purposes of the extension of the provisions of Divisions 1 to 4 (inclusive) of Part III. of the Australian Soldiers’ Repatriation Act 1920–1947 and of sections one hundred and one and one hundred and three of, and of the Schedules to, that Act as provided in the last preceding sub-section—

(a) any reference to a member of the Forces shall be read as a reference to a male member of the Interim Forces;

(b) any reference in those Divisions, sections or Schedules or in any Act affecting those Divisions, sections or Schedules, to dependants shall, except where otherwise expressly provided, be read in the same manner as is provided in paragraph (b) of sub-section (2.) of section ninety-nine of the Australian Soldiers’ Repatriation Act 1920–1947;

(c) paragraph (a) of sub-section (1.) of section one hundred and one of that Act shall be read as if the words “service outside Australia” were substituted for the words “active service” and as if the words “or the termination of the war whichever first happens” were inserted after the word “enlistment” (second occurring);

(d) paragraph (d) of the proviso to sub-section (1.) of section one hundred and one of that Act shall be deemed to be omitted;

(e) sub-section (2.) of section one hundred and one of that Act shall be read as if the words “service outside Australia” were substituted for the words “active service”; and


(f) sub-section (4.) of section one hundred and one of that Act shall be deemed to be omitted.

War pensions for female members of the Interim Forces.

7.—(1.) Subject to the provisions of this section the provisions of Divisions 1 to 4 (inclusive) (other than section twenty-four) of Part III. of the Australian Soldiers’ Repatriation Act 1920–1947, sections one hundred and one, one hundred and three and one hundred and six of, and of the Schedules to that Act, shall extend to and in relation to, female members of the Interim Forces and to the dependants of such members.

 (2.) For the purposes of the extension of the provisions of Divisions 1 to 4 (inclusive) of Part III. of the Australian Soldiers’ Repatriation Act 1920–1947, of sections one hundred and one, one hundred and three and one hundred and six of, and of the Schedules to, that Act as provided in the last preceding sub-section—

(a) any reference to a member of the Forces shall be read as a reference to a female member of the Interim Forces;

(b) any reference in those Divisions, sections or Schedules or in any Act affecting those Divisions, sections or Schedules, to dependants shall, except where otherwise expressly provided, be read in the same manner as is provided in paragraph (b) of sub-section (2.) of section one hundred and four of the Australian Soldiers’ Repatriation Act 1920–1947;

(c) paragraph (a) of sub-section (1.) of section one hundred and one of that Act shall be read as if the words “service outside Australia” were substituted for the words “active service “and the words “or the termination of the war whichever first happens” were inserted after the word “enlistment” (second occurring);

(d) paragraph (d) of the proviso to sub-section (1.) of section one hundred and one of that Act shall be deemed to be omitted;

(e) sub-section (2.) of section one hundred and one of that Act shall be read as if the words “service outside Australia” were substituted for the words “active service”; and

(f) sub-section (4.) of section one hundred and one of that Act shall be deemed to be omitted.

Legal assistance.

8. The legal service bureaux established by the Attorney-General for the purpose of furnishing legal advice to members of the Forces, discharged members of the Forces and the dependants of such members and discharged members, shall be available to members of the Naval Military or Air Forces of the Commonwealth who enlist


or re-engage in, or are appointed or re-appointed to, those Forces after the thirtieth day of June, One thousand nine hundred and forty-seven, to discharged members who had so enlisted or re-engaged or had been so appointed or re-appointed and to the dependants of such members and discharged members.

Regulations.

9. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to this Act and, in particular—

(a) for providing for the granting of assistance and benefits to members of the Interim Forces and to the wives, widows and children of such members;

(b) for specifying the persons who shall, for the purposes of the regulations, be deemed to be the wives, widows or children of such members; and

(c) for prescribing a penalty of a fine not exceeding Twenty-five pounds or of imprisonment not exceeding three months for any offence against the regulations.

 

Overview

The Interim Forces Benefits Act 1947 was enacted to address the need for specific benefits and protections for members of the Interim Forces, who enlisted or were appointed after 30 June 1947 and prior to a date specified by the Minister. The Act was passed by the Parliament of Australia and received Royal Assent on 12 June 1947. Its policy objective was to provide benefits, advantages, and assistance to members of the Interim Forces and their dependants, ensuring they received support for their service. These benefits included leave on discharge, war pensions, and legal assistance, among others. The Interim Forces Benefits Act 1947 provided specific entitlements to members of the Interim Forces and their dependants, ensuring they received appropriate support and benefits for their service. This legislation extended the provisions of the Australian Soldiers’ Repatriation Act 1920–1947 to male and female members of the Interim Forces and their dependants, granting them access to war pensions and related benefits. Additionally, the Act ensured that legal assistance, previously available to members of the Armed Forces and their dependants, was extended to members of the Interim Forces and their dependants. Overall, the Act aimed to provide a comprehensive package of benefits to support the members of the Interim Forces and their families during and after their service.

Scope and Application

The Interim Forces Benefits Act 1947 applies to individuals who enlist or re-engage in, or are appointed or re-appointed to, the Naval, Military or Air Forces of the Commonwealth after the 30th day of June, 1947, and before a date fixed by the Minister through a notice in the Gazette, for a term not exceeding two years. This Act is designed to provide specific benefits and assistance to members of the Interim Forces and their dependants. The geographic reach of the Act is nationwide, as it is a Commonwealth Act. The Act does not explicitly state any exclusions or exemptions; however, certain provisions are subject to the conditions and interpretations outlined within the Act. The application and scope of the Act may be further defined through regulations made under its authority, which may address matters such as the granting of assistance and benefits, definitions of dependants, and penalties for offences against the regulations.

Key Provisions

The Interim Forces Benefits Act 1947, commencing on its Royal Assent, is designed to provide specific benefits to members of the Interim Forces by virtue of their service. Section 1 of the Act allows it to be cited as the Interim Forces Benefits Act 1947, while Section 2 states that the Act comes into operation on the day it receives Royal Assent. Section 3 defines key terms, including "discharge" and "member of the Interim Forces," to clarify who is covered by the Act. Section 4 specifies that the benefits available to members of the Interim Forces, who enlist or re-engage after 30 June 1947, are limited to those provided by this Act and the regulations made under it. Section 5 details the leave entitlements for members upon discharge, with 30 days of leave for members who have served at least six months and 15 days for those who have served less than six months, unless their discharge is dishonourable. The Act imposes several obligations on the parties it governs. Under Section 5, members of the Interim Forces are entitled to specific leave periods upon discharge, provided their discharge is honourable. Section 6 extends the provisions of the Australian Soldiers' Repatriation Act 1920-1947 to male members of the Interim Forces and their dependants, subject to certain modifications. Similarly, Section 7 extends the same provisions to female members and their dependants, again with specific modifications. Section 8 ensures that legal assistance bureaux, established to provide legal advice to members of the Forces and their dependants, are available to members enlisted or re-engaged after 30 June 1947, as well as to discharged members and their dependants. Section 9 grants the Governor-General the authority to make regulations necessary for the implementation of the Act, including provisions for assistance and benefits, definitions of family members, and penalties for offences against these regulations. Section 9 also outlines the consequences for breaching the regulations made under the Act. It allows for a penalty of a fine not exceeding twenty-five pounds or imprisonment for up to three months for any offence against the regulations. This provision ensures that there are clear legal consequences for non-compliance with the regulations, thereby enforcing adherence to the Act’s provisions and protecting the rights and benefits of Interim Forces members and their dependants.

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Military Law
Social Security Law
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Definitions & Interpretation
Benefits
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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.