STATUTORY RULES.
1942. No. 215.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
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 National Security Act 1939-1940.
Dated this seventh day of May, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
C. W. FROST
for and on behalf of Minister of State for Defence.
National Security (War Pensions and Repatriation Benefits) Regulations.
Citation.
1. These Regulations may be cited as the National Security (War Pensions and Repatriation Benefits) Regulations.
Administration
2. These Regulations shall be administered by the Minister of State for Repatriation.
Repeal of certain provisions.
3. Regulations 18 and 48 of the National Security (Supplementary) Regulations are repealed.
Definitions.
4. In these Regulations, unless the contrary intention appears—
“active service outside Australia” has the same meaning as in section 45at of the Act;
“Board” means a Repatriation Board appointed under the Act;
“member of the Forces” means any member of the Permanent Naval, Military or Air Forces or any member of the Citizen Forces who is enlisted or appointed or called up for continuous full time war service for the duration of the war, and includes a member of the Royal Australian Navy Nursing Service, the Australian Army Nursing Service, or the Royal Australian Air Force Nursing Service;
“the Act” means the Australian Soldiers’ Repatriation Act 1920, as amended from time to time;
* Notified in the Commonwealth Gazette on 7th May, 1942.
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“the Commission” means the Repatriation Commission appointed under the Act;
“the Regulations” means the Australian Soldiers’ Repatriation Regulations, as amended for the time being;
“the war” means the war which commenced on the third day of September, 1939.
Extension of the provisions of the Australian Soldiers’ Repatriation Act and Regulations to certain persons.
5.—(1.) Any person who served in the Defence Force on or after the seventh day of December, 1941, as a member of the Permanent Naval, Military or Air Forces, or as a member of the Defence Force enlisted, or appointed or called up for continuous full-time war service for the duration of the war, but who is not a member of the Forces within the meaning of section 45at of the Act, shall, by force of this regulation, be deemed to be a member of the Forces within the meaning of that section and—
(a) the provisions of Division 6 of Part III. of the Act and Part VII. (other than regulation 115) of the Regulations shall extend to, and in relation to, that person in like manner as they extend to a person to whom paragraph (b) of the definition of “Member of the Forces” in that section applies; and
(b) the provisions of sub-regulation (1.) of regulation 187 of the Regulations shall extend to and in relation to that person in like manner as they extend to a member within the meaning of that regulation according to whether he enlisted for service outside Australia or enlisted for service in Australia only.
(2.) The provisions of Division 6 of Part III. of the Act, Part VII. (other than regulation 115) and sub-regulation (1.) of regulation 187 of the Regulations, shall, in like manner as they extend to members of the Forces within the meaning of section 45at of the Act, extend to, and in relation to, any person who, as a member of the Women’s Royal Australian Naval Service, the Australian Women’s Army Service, the Women’s Auxiliary Australian Air Force or the Voluntary Aid Detachment, served, during the war, outside Australia.
(3.) Any reference in the Act or in the Regulations to a member of the Australian Army Nursing Service shall be deemed to include a reference to a member of the Royal Australian Navy Nursing Service and to a member of the Royal Australian Air Force Nursing Service.
(4.) The provisions of sub-section (2.) of section 45au of the Act shall, in like manner as they extend to a member of the Forces enlisted or appointed for active service outside Australia, extend to, and in relation to, any person who enlisted, or who was appointed or called up for service in Australia only as a member of the Forces.
Repatriation benefits for members of the Forces incapacitated or killed while travelling on leave, &c.
6. Where any member of the Forces is, on or after the third day of September, 1939, incapacitated or killed as the result of an accident occurring to him while travelling on leave to or from his place of employment as such member, the Commission may grant to, or in respect of the member, the same pension, allowances and other benefits as the Commission might have granted under the Act, the Regulations or regulation 5 of these Regulations had the incapacity or death, as the case may be, been directly attributable to his employment as a member.
Commencement of liability to pay pensions.
7.—(1.) A pension shall not be payable under the Act or these Regulations to or in respect of a member of the Forces for any period prior to the termination of the service in respect of which the liability of the Commonwealth to pay pension arises.
(2.) Where, on the termination of that service, a member to whom sub-regulation (1.) of regulation 5 of these Regulations applies resumes or continues a period of service with the Permanent Forces which has been interrupted by, or which includes, his period of war service, the Commonwealth shall not be liable to pay pension to him during the period of service so resumed or continued or during any extension of that period.
(3.) Where a pension is granted under Division 6 of Part III. of the Act or regulation 5 of these Regulations, the Commission or a Board may, subject to this regulation, approve of payment of the pension as on and from a date not prior to three months before the date of lodgment of the claim for pension.
Rates of service pensions payable under the Act.
8. Notwithstanding anything contained in sections 45ad and 45ae of the Act, the maximum rate of service pension payable to a member of the Forces in pursuance of either of those sections shall, on and from the ninth day of April, 1942, be the same as the maximum rate of pension payable in pursuance of section 24 of the Invalid and Old-age Pensions Act 1908-1941, or in pursuance of any Act amending that Act.
Transportation to Australia of wives and children of members of the Forces.
9.—(1.) The Commission may, without regard to the financial means of any person concerned, authorize the transportation to Australia at the expense of the Commonwealth, within the limits prescribed by this regulation, of the wife or wife and children of a member of the Forces who married during the period of his active service outside Australia.
(2.) Except as prescribed by sub-regulation (3.) of this regulation, the expense to be borne by the Commonwealth, in respect of each person whose transportation to Australia is authorized, shall be—
(a) the cost of that person’s transportation by the most economical means of conveyance deemed suitable by the Commission, from the person’s place of residence abroad to the port of the person’s embarkation abroad for Australia and from the port of the person’s disembarkation in Australia to the place of the person’s intended residence in Australia;
(b) the cost of that person’s passage, third-class, by ship, from such port of embarkation abroad to the port of disembarkation in Australia, unless that class of accommodation is not available, or, with respect to any ship or the whole or any portion of the voyage, the Commission considers that class of accommodation unsuitable, then by the class or type of accommodation or transportation which the Commission approves;
(c) the cost of the transportation of that person’s baggage from the person’s place of residence abroad to the place of the person’s intended residence in Australia;
(d) the cost of any necessary medical treatment or hospital accommodation of that person during the period of the journey or any portion of that cost which the Commission considers reasonable in the circumstances of the particular case;
(e) the reasonable cost of that person’s board and lodging during the period of any break or delay in the journey which the Commission is satisfied was unavoidable or warranted in the circumstances of the particular case; and
(f) any other expenditure during the journey, necessarily incidental to that person’s transportation, the inclusion of which the Commission considers warranted in the circumstances of the particular case.
(3.) In the case of the wife or the wife and children of a member who is serving or has served under the Empire Air Training Scheme, the expense to be borne by the Commonwealth shall be such proportion of the total cost of transportation as is agreed upon between the Government of the Commonwealth and the Government of the United Kingdom.
(4.) An application for transportation under this regulation shall not be approved unless the Commission is furnished with satisfactory evidence that the person for whose transportation application is made is likely to be benefited by the proposed transfer of residence.
(5.) A person shall not be eligible for transportation under this regulation more than once.
(6.) If any person who would have been eligible under this regulation for transportation to Australia at the expense of the Commonwealth has made the journey at that person’s or another person’s expense, whether before or after the coming into operation of this regulation, the Commission may, at any time, refund to the person who bore that expense an amount not greater than the sum which would, in the circumstances of the particular case, have been borne by the Commonwealth, if the transportation had been authorized under the preceding provisions of this regulation.
(7.) The Commission may, by writing under its seal, delegate any of its powers and functions under this regulation in relation to any matters or class of matters, or to any locality, so that the delegated powers and functions may be exercised by the delegate as fully and effectually as by the Commission, with respect to the matters or class of matters specified, or the locality defined, in the instrument of delegation.
(8.) Every delegation pursuant to the last preceding sub-regulation shall be revocable at will by the Commission, by writing under its seal, and no delegation shall prevent the exercise of any power or function by the Commission.
(9.) Where the exercise of any power or function by the Commission under, or the operation of any provision of, this regulation is dependent upon the opinion or belief of the Commission in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Commission in pursuance of this regulation or that provision may operate (as the case may be) upon the opinion or belief of that person in relation to that matter.
(10.) In this regulation—
“child” means a child who is under the age of sixteen years and who is a son, daughter, step-son, step-daughter, adopted son or adopted daughter of a member of the Forces and includes an ex-nuptial child born to a member of the Forces before, or within nine months after, his death or discharge from the Forces or the termination of the war, whichever first happens;
“member of the Forces” means any person deemed to be an Australian soldier under sub-section (3.) of section 46 of the Act who is specified in paragraph (a) or (c) of that sub-section;
“wife” includes widow.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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