STATUTORY RULES.
1947. No. 151.
REGULATIONS 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 Regulations under the Defence (Transitional Provisions) Act 1946.
Dated this twenty-second day of October, 1947.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
J. B. CHIFLEY
For and on behalf of the Minister of State for Post-war Reconstruction.
———
Amendments of the National Security (War Damage to Property) Regulations. †
Notice and payment of compensation.
1. Regulation 39 of the National Security (War Damage to Property) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—
“(5.) Where—
(a) compensation has been assessed and recorded in respect of any claim or portion of any claim;
(b) the amount of the compensation has been notified to the claimant in accordance with the provisions of sub-regulation (1.) of this regulation or the whereabouts of the claimant or the person entitled are unknown and cannot be ascertained;
(c) three months have elapsed since the date on which the compensation became recoverable by action by virtue of the provisions of regulation 40 of these Regulations;
(d) no such action to recover the compensation has been commenced against the Commission; and
(e) the whole or any part of the compensation has not been paid to the claimant or any other person,
the Commission shall pay into an account within the Fund to be called the War Damage to Property—Claims in Suspense Account (in this regulation referred to as “the Claims in Suspense Account”) the compensation or part thereof remaining unpaid.”.
* Notified in the Commonwealth Gazette on 24 October, 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 were Statutory Rules 1946, No. 176.
6023.—Price 3d.
Overview
The Defence (Transitional Provisions) Act 1946 was enacted to facilitate the transition of the Australian Defence Force from a wartime footing to peacetime operations, addressing the immediate post-war needs of the military and the nation. The Act aimed to provide the necessary legal framework to manage the winding down of wartime measures and the reintegration of military personnel into civilian life. The problem or gap it was introduced to address was the need for transitional provisions that would ensure a smooth and orderly transition of defence-related activities and responsibilities following the cessation of hostilities. The Regulations under the Defence (Transitional Provisions) Act 1946, specifically Statutory Rules 1947, No. 151, were made by the Governor-General in Council, acting on the advice of the Minister of State for Post-war Reconstruction. The policy objective of these regulations was to amend the National Security (War Damage to Property) Regulations, ensuring that compensation for war-related property damage could be appropriately managed and disbursed.
Scope and Application
The Regulations under the Defence (Transitional Provisions) Act 1946, specifically the amendments to the National Security (War Damage to Property) Regulations, apply to compensation claims related to war damage to property in Australia. These regulations are directed towards the Commonwealth of Australia, with the Department of Post-war Reconstruction being responsible for their implementation. The scope of the regulations includes compensation claims that have been assessed and recorded but have not been claimed or paid within a stipulated period. The regulations mandate that if compensation remains unpaid three months after it becomes recoverable, it must be deposited into the War Damage to Property—Claims in Suspense Account. This ensures that compensation is properly managed and accounted for, even if the claimant cannot be located or has not initiated legal action to recover the compensation. The regulations extend their application to any entity or individual affected by war damage to property within the jurisdiction of Australia, ensuring a structured and systematic approach to compensation handling during the transitional period following the Second World War.
Key Provisions
The Regulations under the Defence (Transitional Provisions) Act 1946 primarily focus on amending the National Security (War Damage to Property) Regulations. Specifically, Regulation 39 is amended to introduce new provisions concerning the handling of compensation for war damage to property (Regulation 1). This amendment affects situations where compensation has been assessed and recorded, but has not been paid out to the claimant within three months of becoming recoverable (Regulation 1(5)(a)-(e)). In such cases, any remaining unpaid compensation must be paid into the War Damage to Property—Claims in Suspense Account (Regulation 1(5)(e)).
The obligations imposed by these Regulations are primarily on the Commission responsible for managing compensation claims. The Commission must ensure that any compensation, which has been assessed and recorded, is paid into the designated Claims in Suspense Account if it remains unpaid three months after becoming recoverable, and no action has been taken to recover it (Regulation 1(5)(c)-(e)). This requirement is intended to ensure that compensation claims are not left indefinitely unresolved and that funds are managed appropriately within the established framework.
Breaches of these Regulations could potentially lead to legal consequences, although the specific provisions detailing such consequences are not explicitly stated within the provided text. Typically, failure to comply with legislative requirements can result in administrative penalties, legal action, or other enforcement measures as prescribed by the governing Act or related legislation. The Defence (Transitional Provisions) Act 1946 would provide the legal basis for any such actions against non-compliance.