STATUTORY RULES
1946. No. 84.
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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby make the following Regulation under the National Security Act 1939-1943.
Dated this tenth day of May, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
ARTHUR S. DRAKEFORD
for and on behalf of the Minister of
State for Defence.
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Amendment of the National Security (Air Force) REGULATIONS. †
The National Security (Air Force) Regulations are amended by adding at the end thereof the following regulations:—
Payment out of their War Service Estates of debts of deceased members of Air Force.
“6.—(1.) An authorized person may pay or cause to be paid out of the war service estate of any member of the Air Force who at the time of his death was attached to or serving with or in conjunction with the Royal Air Force any sum which, after due investigation, appears to the authorized person or to some person nominated by him in that behalf to be due and owing by the member to any person or authority who at the time of payment is residing or carrying on business, or has its office or head-quarters, outside the Commonwealth of Australia.
“(2.) The payment of any sum in pursuance of sub-regulation (1.) of this regulation shall be deemed to have been made on behalf of the legal personal representative of the member out of whose war service estate it is paid, and to operate as a discharge of the Commonwealth and of every person making or authorizing the payment from any liability in respect of the sum paid.
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* Notified in the Commonwealth Gazette on 10th May, l949.
† Statutory Rules 1945, No. 120.
6052.—Price 3d.
“(3.) In this regulation—
‘authorized person’ means a person appointed by the Minister of State for Air to be an authorized person for the purposes of the War Service Estates Act 1942-1943;
‘war service estate’ has the same meaning as in the War Service Estates Act 1942-1943.
Payments from accrued or deferred pay of a member who is missing.
7.—(1.) Where a member of the Air Force is missing, and application is made to the Minister or a prescribed authority by the member’s wife, or by any person totally dependent on the member, for financial assistance to meet the cost of medical expenses for the applicant or for any member of the member’s family or to meet the cost of repairs to the member’s home, or for any other unforeseen or urgent purpose, and the Minister considers that payment for that purpose is necessary and desirable in the interests of the member, he may authorize the payment to the applicant, or to such other person as the Minister directs, for that purpose of such amount as he considers reasonable and the deduction of that amount from any pay due or which may become due to the member.
“(2.) For the purposes of this regulation, ‘the member’s home’ means any dwelling-house (including all fences and out-buildings appurtenant thereto) which is ordinarily occupied as a residence by the member or any person totally dependent on the member where—
(a) the beneficial estate and interest in the property are held by the member or, if the Minister so directs, by the member’s wife or by the member and his wife as joint tenants or tenants in common; or
(b) the property is held by the member under a lease which requires him to effect repairs.”
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1946, No. 84, enacted by the Governor-General on behalf of the Commonwealth Parliament, amends the National Security (Air Force) Regulations under the National Security Act 1939-1943. This regulation addresses the need to manage financial obligations and provide urgent financial assistance to families of Air Force members, particularly those who are deceased or missing. The policy objective is to ensure that debts of deceased members can be settled from their war service estates and to provide financial support to the families of missing members for urgent needs such as medical expenses and home repairs. The regulation specifies procedures for authorized payments from war service estates and allows for the deduction of necessary expenses from the pay of missing members, providing relief to their dependents during times of uncertainty.
Scope and Application
The regulation under the National Security Act 1939-1943 pertains specifically to members of the Air Force and their financial affairs, particularly in relation to their war service estates and accrued or deferred pay. It applies to deceased members of the Air Force who were attached to or serving with or in conjunction with the Royal Air Force, as well as to members who are missing. The regulation allows an authorized person, appointed by the Minister of State for Air, to make payments from a deceased member’s war service estate to creditors residing or conducting business outside Australia, and also enables the Minister to authorize payments from a missing member’s pay for specific needs such as medical expenses, home repairs, or other unforeseen urgent purposes. The regulation extends the authority of the Minister to direct payments in the interests of the missing member and provides a mechanism for discharging the Commonwealth from any liability in respect of such payments. The regulation’s scope is confined to the financial transactions of Air Force members, and it does not specify any exclusions or thresholds beyond the criteria of death or disappearance and the necessity of payments in the interests of the member or their dependents.
Key Provisions
The key provisions of this regulation under the National Security Act 1939-1943 revolve around financial matters related to deceased and missing members of the Air Force. Section 6 allows an authorized person, appointed by the Minister of State for Air, to pay any debts from the war service estate of a deceased Air Force member who was serving outside Australia. This payment discharges the Commonwealth and any person making the payment from liability. In Section 7, the regulation provides that if a member of the Air Force is missing and their wife or a dependent applies for financial assistance for medical expenses, home repairs, or other urgent needs, the Minister can authorize the payment of a reasonable amount from the member's accrued or deferred pay.
These provisions impose specific obligations on the authorized person and the Minister of State for Air. The authorized person must ensure that any debt paid from the war service estate is verified as due and owing by the deceased member. Additionally, the Minister must consider the necessity and desirability of any financial assistance provided to the family of a missing member, ensuring the payment is reasonable and directed towards a legitimate purpose. Both roles require careful consideration and adherence to the outlined criteria.
Failure to comply with these regulations can lead to civil or criminal consequences. For instance, if an unauthorized person attempts to make a payment from a war service estate, this could result in legal action for improper handling of funds. Similarly, if the Minister authorizes a payment without proper consideration of necessity and reasonableness, there could be repercussions for mismanagement of public funds. The regulation does not specify maximum penalties but implies that breaches could be subject to legal scrutiny and potential penalties under the relevant Acts.