STATUTORY RULES.
1950. No. 1.
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REGULATION 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 Regulation under the War Damage to Property Act 1948.
Dated this twenty-fourth day of January, 1950.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Treasurer.
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Amendment of the National Security (War Damage to Property) Regulations.†
Treatment of moneys paid into account.
Regulation 48 of the National Security (War Damage to Property) Regulations is amended—
(a) by inserting in sub-regulation (1.), after the word “Attorney-General”, the words “or a person thereto authorized in writing by the Attorney-General (in this regulation referred to as ‘an authorized person’)”;
(b) by inserting in sub-regulation (2.), after the word “Attorney-General”, the words “or an authorized person”; and
(c) by inserting in sub-regulation (3.), after the word “Attorney-General”, the words “or an authorized person”.
* Notified in the Commonwealth Gazette on , 1950,
† Being the Regulations having that title as in force by virtue of the War Damage to Property Act 1948. The Regulations under the National Security Act 1939-1946 having the corresponding title, were Statutory Rules 1946, No. 176 and were continued in force by virtue of the Defence (Transitional Provisions) Act 1946-1947. Those Regulations were amended by Statutory Rules 1947, No. 151; and 1948, Nos. 114 and 126.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5208.—Price 3d. 8/9.11.1949.
Overview
The War Damage to Property Act 1948 was enacted by the Commonwealth Parliament to address the issue of compensating individuals for property damage incurred as a result of war activities. The Act was introduced to provide a legislative framework for assessing, determining, and compensating claims related to war damage to property, ensuring that affected individuals received fair and timely compensation. The regulation under this Act, as evidenced by Statutory Rules 1950, No. 1, was designed to amend the National Security (War Damage to Property) Regulations, specifically concerning the treatment of moneys paid into account and the authorisation of individuals who can handle such funds. This legislative instrument underscores the policy objective of efficiently managing compensation claims while maintaining accountability and authority in the handling of such sensitive matters.
Scope and Application
The Statutory Rules 1950 No. 1, made under the War Damage to Property Act 1948, amend the National Security (War Damage to Property) Regulations to alter the treatment of moneys paid into an account. These regulations apply to the Commonwealth of Australia and concern the handling of funds related to war damage to property. They are intended to ensure that moneys paid into account for war damage claims are processed appropriately and efficiently, potentially expanding the scope of who can authorise the treatment of these funds. Specifically, the amendments allow a person authorized in writing by the Attorney-General to handle these matters, thereby extending the authority beyond just the Attorney-General. This regulatory change is intended to streamline the administrative process for dealing with war damage claims, ensuring that authorised personnel can manage these funds without the need for direct intervention by the Attorney-General on every occasion.
Key Provisions
This Statutory Rules document outlines amendments to the National Security (War Damage to Property) Regulations under the War Damage to Property Act 1948. Specifically, Regulation 48 is amended to allow not only the Attorney-General, but also individuals authorized in writing by the Attorney-General, referred to as "authorized persons," to engage in certain activities outlined in the regulation (Regulation 48(1), (2), and (3)). This alteration broadens the scope of individuals who can perform specific functions related to the handling and treatment of moneys paid into an account designated under the regulations.
The obligations and requirements imposed by this regulation extend to ensuring that any person authorized to handle the treatment of moneys in the designated account must be explicitly authorized by the Attorney-General. This authorization ensures that only qualified individuals can perform these functions, thereby maintaining the integrity and proper administration of the account. The regulation emphasizes that these authorized persons must adhere to the stipulated procedures and requirements outlined in Regulation 48, ensuring consistency and compliance in the management of these funds.
In terms of consequences for breach, while the Statutory Rules document does not explicitly detail offences, penalties, or civil/criminal consequences within its text, the overarching legislation, the War Damage to Property Act 1948, likely provides for such provisions. Generally, unauthorized handling of funds or non-compliance with regulations could result in legal repercussions, including fines or other penalties as stipulated by the primary Act or related legislation. The exact penalties would depend on the severity of the breach and any additional regulations or guidelines that apply.