STATUTORY RULES
1967 No.
REGULATIONS UNDER THE WAR DAMAGE TO PROPERTY ACT 1948.*
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 War Damage to Property Act 1948.
Dated this nineteenth day of October, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
(SGD) LESLIE BURY
Minister of State for Labour and National Service Acting for and on behalf of the Treasurer.
Repeal of the National Security (War Damage to Property) Regulations
Repeal.
1. The National Security (War Damage to Property) Regulations (being Statutory Rules 1946, No. 176, as amended by Statutory Rules 1947, No. 151; 1948, Nos. 114 and 126; and 1950, No. 1) are repealed.
Savings.
2. Notwithstanding the repeal of the National Security (War Damage to Property) Regulations, the War Damage Fund established under regulation 19 of those Regulations continues in existence until the Treasurer directs, in pursuance of section 62a of the Audit Act 1901-1966, that the Fund be closed and the balance of the moneys standing to the credit of the Fund are paid as provided in that section.
Right to compensation to continue.
3. Where, by reason of the assessment of compensation under the National Security (War Damage to Property) Regulations, an amount has been recorded, as being payable to a person, and that amount has not, before the commencement of these Regulations, been paid, that amount continues, notwithstanding the repeal of the first-mentioned Regulations, to be payable to that person, or, if that person has died, shall be deemed to be part of the residue of the estate of that person and shall be payable to the person or persons to whom that residue was paid, or is payable, under the will or on the intestacy of that first-mentioned person.
* Notified in the Commonwealth Gazette on 1967.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
12124/67—Price 5c 10/10.10.1967
Overview
The War Damage to Property Act 1948, enacted by the Parliament of Australia, was introduced to provide for the payment of compensation for damage to property caused by the war, particularly during World War II. The Act established a framework for the assessment and payment of compensation to those affected by such damage. In 1967, Statutory Rules were made under the Act to repeal the National Security (War Damage to Property) Regulations, which had been in place to administer the compensation process. These regulations were repealed to streamline and modernise the compensation framework, while ensuring that any outstanding compensation remained payable to the rightful recipients. The policy objective of these regulations was to maintain continuity in the compensation process for war-related property damage, ensuring that affected individuals or their beneficiaries could still receive the compensation that had been assessed under the old regulatory framework.
Scope and Application
The Statutory Rules 1967 No. 142, made under the War Damage to Property Act 1948, primarily focus on the repeal of the National Security (War Damage to Property) Regulations 1946 and subsequent amendments. These regulations, which had been established to provide for the assessment and payment of compensation for war damage to property, are hereby repealed. Despite the repeal, the War Damage Fund, established under the former regulations, will persist until the Treasurer issues a directive for its closure pursuant to section 62a of the Audit Act 1901-1966, after which the remaining funds will be disbursed as specified. Furthermore, any compensation amounts determined under the repealed regulations but not yet paid will continue to be payable to the original claimants or their estates if the claimants have passed away. This ensures that all pending compensation claims are addressed, maintaining the integrity of the original legislative intent concerning war damage compensation.
Key Provisions
The Statutory Rules 1967 No. 142, made under the War Damage to Property Act 1948, primarily serve to repeal the existing National Security (War Damage to Property) Regulations (SR 1946 No. 176, as amended). This repeal takes effect on the commencement of these new regulations (section 1). Despite the repeal, the War Damage Fund established under regulation 19 of the old regulations remains in effect until the Treasurer orders its closure and the distribution of any remaining funds in accordance with the Audit Act 1901-1966 (section 2). Any compensation already assessed but not paid under the old regulations continues to be payable to the original claimants or, if they have passed away, to their beneficiaries under their will or the intestacy laws (section 3).
Under these regulations, the War Damage Fund continues to function until the Treasurer directs otherwise, ensuring that any outstanding compensation claims from the previous regulations are settled. This continuation of the fund aims to maintain the integrity of compensation payments that were already assessed but not yet disbursed. The regulations also ensure that the legal status of any undistributed compensation is preserved, facilitating a smooth transition and continuation of payments to rightful claimants or their heirs.
The regulations impose several obligations on the entities involved. The Treasurer, under the Audit Act 1901-1966, must ensure that the War Damage Fund is managed according to the prescribed procedures until its closure. Claimants who have not yet received their assessed compensation under the old regulations must ensure their claims are processed and paid as per the new provisions. The legal representatives or beneficiaries of deceased claimants must also be ready to claim the compensation as part of the estate distribution process.
Failure to comply with the provisions of these regulations could lead to legal consequences for those involved in the administration and distribution of the War Damage Fund. While specific offences and penalties are not detailed in the statutory rules, breaches of the War Damage to Property Act 1948 or the Audit Act 1901-1966 could result in civil or criminal penalties, depending on the nature and severity of the breach. These penalties might include fines or imprisonment, as outlined in the respective acts. It is essential for all parties to adhere to the legal requirements to avoid potential legal repercussions.