STATUTORY RULES.
1948. No. .
REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*
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 1946-1947.
Dated this seventh day of May, 1948.
W.J. McKell
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 (War Service Moratorium) Regulations.†
Definitions.
Regulation 28a of the National Security (War Service Moratorium) Regulations is amended—
(a) by omitting from the definition of “discharged member of the Forces” the word “three” (wherever occurring) and inserting in its stead the word “four”;
(b) by omitting from paragraph (a) of the definition of “female dependant of a discharged member” the word “three” and inserting in its stead the word “four”; and
(c) by omitting from paragraph (a) of the definition of “parent of a discharged member” the word “three” and inserting in its stead the word “four”.
* Notified in the Commonwealth Gazette on , 1948.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947 as amended by Statutory Rules 1947, No. 99. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; 1942, Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90, 124, 129, 187, 312 and 313; 1944, Nos. 18, 31, 83 and 176; 1945, Nos. 32, 90 and 101; and 1946, Nos. 86, 87 and 125. The Regulations were also amended by the Defence (Transitional Provisions) Act 1946.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2438.—Price 3d. 8/5.5.1948.
Overview
The Defence (Transitional Provisions) Act 1946-1947 was enacted by the Commonwealth Parliament to address the transitional challenges faced by service personnel returning from World War II. The Act provided a legal framework to manage the reintegration of these individuals into civilian life by amending existing regulations, such as the National Security (War Service Moratorium) Regulations, to better support the needs of discharged members and their families. This legislative instrument, in the form of a statutory regulation made by the Governor-General under the authority of the Act, seeks to ensure a smoother transition by making specific amendments to definitions within the Regulations, thus extending certain benefits and protections to more individuals. The overarching policy objective is to support the welfare and economic stability of those who have served in the military during a period of significant social change.
Scope and Application
The Statutory Rules 1948, No. 55, made under the Defence (Transitional Provisions) Act 1946-1947, pertains to the amendment of the National Security (War Service Moratorium) Regulations. This legislation applies to individuals and entities subject to the provisions of the Defence (Transitional Provisions) Act 1946-1947 and the National Security Act 1939-1946, particularly those involving discharged members of the armed forces and their dependants. It is a Commonwealth regulation, thus having jurisdiction throughout Australia. The regulation modifies specific definitions within the National Security (War Service Moratorium) Regulations to alter the age threshold from "three" to "four" for certain categories such as discharged members of the forces, their female dependants, and their parents. These changes are made through subordinate instruments to refine the application and interpretation of the original act and its associated regulations.
Key Provisions
The main operative sections of this statutory rule pertain to the amendment of the National Security (War Service Moratorium) Regulations. Specifically, Regulation 28a is amended to change the numerical threshold for certain categories from "three" to "four". The affected categories include the definition of a "discharged member of the Forces", a "female dependant of a discharged member", and a "parent of a discharged member". These changes are intended to alter the eligibility criteria for certain benefits or protections under the existing regulations.
Under these amended regulations, there are specific obligations and requirements that parties or entities must adhere to. Firstly, any individual or organisation claiming benefits or protections under the amended regulations must ensure that they meet the new numerical threshold of "four" in the relevant categories. This means that they must provide evidence or documentation to substantiate their eligibility based on the updated criteria. Additionally, relevant authorities responsible for administering or enforcing the regulations must be aware of these changes and ensure that they are correctly applied in practice.
Failure to comply with the amended regulations may result in various consequences, including potential offences, penalties, or other legal ramifications. While the specific penalties are not outlined in the statutory rule, breaches of regulations or failure to adhere to the amended criteria could lead to administrative or legal actions. For instance, parties found to be non-compliant may face fines, sanctions, or other corrective measures. It is important for all relevant stakeholders to be aware of and comply with these changes to avoid any potential legal issues.
In summary, the key provisions of this statutory rule involve the amendment of the National Security (War Service Moratorium) Regulations, specifically changing the numerical threshold from "three" to "four" in certain categories. Parties and entities governed by these regulations must ensure that they meet the updated criteria and comply with any new obligations or requirements. Non-compliance could lead to various consequences, including potential penalties or legal actions. It is essential for all stakeholders to be aware of these changes and take appropriate steps to ensure adherence to the amended regulations.