STATUTORY RULES
1947. No. .
REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 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 Regulation under the Defence (Transitional Provisions) Act 1946.
Dated this twenty sixth day of March, 1947.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State
for Post-war Reconstruction.
Amendment of the National Security (Patriotic Funds) Regulations. †
Power to wind up funds no longer required.
Regulation 12 of the National Security (Patriotic Funds) Regulations is amended—
(a) by inserting after the words “Patriotic Funds Board” the words “or a Local Committee”;
(b) by omitting the words “or Board” and inserting in their stead the words “, Board or Local Committee”;
(c) by adding at the end thereof the following words and sub-regulations:—
“or, where the moneys remaining unexpended were raised for the benefit of persons other than members of the Defence Force or the dependants of deceased members of the Defence Force, in such manner as the Commission directs as being, in its opinion, the most appropriate available manner of disposal.
“(2.) The Commission may, by agreement with the trustees of any fund, arrange for the winding-up of the affairs of the fund and may, in any such case, give any directions which it could give in connexion with a winding-up under the last preceding sub-regulation.
* Notified in the Commonwealth Gazette on , 1947.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946. The Regulations under the National Security Act 1939–1946 having the corresponding title comprise Statutory Rules 1940, No. 131, as amended by Statutory Rules 1941, No. 176; and 1943, Nos. 160 and 278,
7969.—Price 3d. 10/4.3.1947.
“(3.) Where the Commission has, in pursuance of this regulation, directed that any moneys be paid to a Local Committee, the Local Committee may receive the moneys and may dispose of them in the manner directed by the Commission, and the provisions of Part X. of the Australian Soldiers’ Repatriation Regulations shall, subject to any such direction, apply in relation to any moneys so received by a Local Committee as if they were moneys raised by the Local Committee in pursuance of the powers conferred by sub-section (3.) of section 110 of the Australian Soldiers’ Repatriation Act 1920–1946.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Defence (Transitional Provisions) Act 1946 was enacted by the Parliament of Australia to address the transitional challenges faced by the nation's defence forces following the conclusion of World War II. This legislation aimed to provide the necessary legal framework to manage the winding up and disposal of funds previously raised for the benefit of Defence Force members and their dependants. The Act empowers the relevant authorities to direct the most appropriate manner of disposing of any unexpended funds, ensuring that they are utilised effectively for the intended beneficiaries or otherwise as deemed most suitable by the Commission. The Regulations made under this Act further specify the procedural aspects of winding up funds and the subsequent management of any remaining assets.
Scope and Application
The Statutory Rules 1947, No. 41, made under the Defence (Transitional Provisions) Act 1946, pertain to the amendment of the National Security (Patriotic Funds) Regulations, specifically concerning the winding-up of funds that are no longer required. These regulations apply to the Patriotic Funds Board or any Local Committee established under the Defence (Transitional Provisions) Act 1946, and the changes allow for the disposal of unexpended funds raised for the benefit of individuals other than members of the Defence Force or their dependants, in a manner deemed most appropriate by the Commission. The regulations extend to the entire Commonwealth of Australia and are applicable to any funds that meet the specified criteria. The Act does not explicitly state any exclusions or thresholds, but the application and enforcement of these regulations are subject to the discretion of the Commission, which may include the trustees of any fund involved in the winding-up process. Subordinate instruments may further define the specific circumstances and procedures for the winding-up of funds and the distribution of their remaining balances.
Key Provisions
The main operative sections of this statutory rule pertain to the amendment of the National Security (Patriotic Funds) Regulations under the Defence (Transitional Provisions) Act 1946. Specifically, Regulation 12 is amended to allow the Patriotic Funds Commission to direct the disposal of unexpended funds in cases where those funds were not raised for the benefit of members of the Defence Force or their dependants. The Commission can direct the disposal of these funds in whatever manner it deems most appropriate, including directing that the funds be paid to a Local Committee (subsection 1(c)). Furthermore, the Commission is authorised to wind up the affairs of any fund by agreement with the trustees and give directions in such cases (subsection 2). If the Commission directs that unexpended funds be paid to a Local Committee, the Committee is authorised to receive and dispose of the funds in accordance with the Commission's directions, with certain provisions of the Australian Soldiers’ Repatriation Regulations applying in such cases (subsection 3).
This statutory rule imposes several obligations on the Patriotic Funds Commission and Local Committees. The Commission must exercise its discretion in directing the disposal of unexpended funds in a manner it considers most appropriate. When directing the disposal of funds to a Local Committee, the Commission must ensure that any directions given are in compliance with the statutory provisions and any applicable laws. Local Committees, upon receiving funds directed by the Commission, are obligated to follow the Commission's directions regarding the disposal of those funds. Additionally, the Local Committees must adhere to the provisions of Part X of the Australian Soldiers’ Repatriation Regulations as if the funds were raised under the powers conferred by the Australian Soldiers’ Repatriation Act 1920–1946.
The statutory rule does not explicitly outline specific offences, penalties, or consequences for breaches. However, any actions taken by the Commission or Local Committees that do not comply with the statutory provisions or relevant laws could potentially result in legal consequences. For instance, if the Commission directs the disposal of funds in a manner that is not deemed appropriate or fails to follow the required processes for winding up funds, it could face legal challenges or administrative penalties. Similarly, Local Committees that do not comply with the Commission’s directions or statutory requirements could also face legal repercussions. The precise penalties or consequences would depend on the nature of the breach and the applicable laws at the time.