National Security (War Service Moratorium) Regulations (Amendment)

Legislation au C1943L00313 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 313.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this thirty-first day of December, 1943.

(SGD.) GOWRIE.

Governor General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (War Service Moratorium) Regulations.†

Definitions.

1. Regulation 5 of the National Security (War Service Moratorium) Regulations is amended by omitting the definition of “female dependant of a member “and inserting in its stead the following definition:—

“‘female dependant of a member’ means a female who is wholly or partly dependent for her support upon the pay of, or upon a pension payable in consequence of the incapacity or death of, a person who is or has been a member of the Forces, and includes—

(a) the wife of a person who, having been a member of the Defence Force engaged on war service during the present war—

(i) has been discharged from the Defence Force; or

(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation; and

(b) the widow of a member of the Forces who died while engaged on war service;”.

* Notified in the Commonwealth Gazette on     , 1943.

† 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 and 187.

5455.—Price 3d.        8/8.9.1943.


Postponement of certain payments.

2. Regulation 7 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) If the person liable to pay the principal or purchase money is a member of the Forces or a female dependant of a member (not being the widow of a member of the Forces who died while engaged on war service) and the member dies while engaged on war service, the time for payment shall be postponed so that the payment shall fall due upon the expiration of the period of six months immediately following the date of his death.

“(3a.) If the person liable to pay the principal or purchase money is the widow of a member of the Forces who died while engaged on war service, the time for payment shall be postponed so that the payment shall fall due upon the expiration of the period of six months immediately following the date on which His Majesty ceases to be engaged in war.”.

Restriction on execution and other remedies.

3. Regulation 15 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the words “proceed to execution on or otherwise to the enforcement of” and inserting in their stead the words “commence, proceed with or put in force any execution, or any other process or proceeding, to enforce”; and

(b) by omitting from sub-regulation (1a.) the words “proceeded to execution on or otherwise to the enforcement of” and inserting in their stead the words “commenced, proceeded with or put into force any execution, or any other process or proceeding, to enforce”.

Continuation of protection afforded.

4. Regulation 17 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) Where the person protected is a member of the Forces or a female dependant of a member (not being the widow of a member of the Forces who died while engaged on war service) and the member dies while engaged on war service, the protection shall continue until the expiration of the period of six months immediately following the date of his death.

“(2a.) Where the person protected is the widow of a member of the Forces who died while engaged on war service, the protection shall continue until the expiration of the period of six months immediately following the date on which His Majesty ceases to be engaged in war.”.

Interpretation.

5. Regulation 27 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the word “or” (last occurring); and

(b) by omitting paragraph (b) of that sub-regulation and inserting in its stead the following paragraphs:—

“(b) in relation to a policy of life assurance issued to a female dependant of a member of the Forces (not being a widow of a member of the Forces who died while engaged on war service)—

(i) the period specified in the last preceding paragraph; or


(ii) if the member of the Forces dies or has died while engaged on war service, any period during which the member is or was engaged on war service up to the date of his death, together with the period of six months immediately succeeding that date; or

“(c) in relation to a policy of life assurance issued to the widow of a member of the Forces who dies or has died while engaged on war service—any period during which the member is or was engaged on war service up to the date of his death, together with the period commencing with the date of the death of the member and ending six months after the date on which His Majesty ceases to be engaged in war.”.

Definitions.

6. Regulation 28a of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting the definitions of “discharged member of the Forces” and “female dependant of a member” and inserting in their stead the following definitions:—

“‘discharged member of the Forces’ means a person who, having been a member of the Defence Force engaged on war service during the present war—

(a) has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding six months; or

(b) having been discharged from the Defence Force, or having ceased to be engaged on war service, for a period exceeding six months—

(i) is receiving a pension from the Commonwealth; or

(ii) is not receiving such a pension, but is receiving from the Commonwealth, medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation;

‘female dependant of a member’ means a female who is wholly or partly dependent for her support upon the pay of, or upon a pension payable in consequence of the incapacity or death of, a person who is or has been a member of the Forces, and includes—

(a) the wife of a person who, having been a member of the Defence Force engaged on war service during the present war—

(i) has been discharged from the Defence Force; or


(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation; and

(b) the widow of a member of the Forces who died while engaged on war service;”; and

(b) by omitting the definition of “parent of a member” and inserting in its stead the following definition:—

“‘parent of a member’ means a parent of a person who is, or has been, a member of the forces, who is wholly or partly dependent for his support upon the pay or pension of that person, and includes a parent of a person who, having been a member of the Defence Force engaged on war service during the present war—

(a) has been discharged from the Defence Force; or

(b) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation and upon whose pay that parent was, immediately prior to the discharge of that person, or immediately prior to that person ceasing to be engaged on war service, wholly or partly dependent for his support;”.

Application of certain provisions of National Security (Landlord and Tenant) Regulations.

7. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended by inserting in paragraph (e) of sub-regulation (8.), after the word “occupation” (first occurring), the words “, or for the occupation of some person who ordinarily resides with, and is wholly or partly dependent upon, him,”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1943, No. 313, made under the National Security Act 1939-1943, were introduced to amend the existing regulations concerning the moratorium on certain payments and proceedings during the period of war service. The objective of these amendments was to provide further protection and relief to members of the Defence Forces and their dependants during wartime. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations aimed to postpone payments and restrict enforcement actions for those directly affected by the war, ensuring they do not face financial hardship while their loved ones are engaged in war service.

Scope and Application

The Statutory Rules 1943 No. 313, under the National Security Act 1939-1943, specifically targets members of the Australian Defence Forces, their female dependants, and widows of deceased service members who were engaged in war service. The Regulations apply to these individuals and their financial obligations, extending their protection until six months after the death of a service member or until six months after the cessation of war, as applicable. The geographic reach of these Regulations is nationwide, applicable across the Commonwealth of Australia. The Act does not explicitly outline exclusions or thresholds, but it focuses on those directly impacted by war service. The application of these provisions can be extended or restricted through subordinate instruments, which may further define specific conditions or categories of individuals eligible for protection.

Key Provisions

The primary operative sections of these Regulations (referred to as "Statutory Rules 1943, No. 313") amend the National Security (War Service Moratorium) Regulations to provide temporary financial relief and protections for members of the Australian Defence Forces and their families during wartime. Specifically, Regulation 5 redefines the term "female dependant of a member," extending its scope to include the wife of a member who is receiving Commonwealth medical treatment preventing them from working, as well as widows of members who died in service (section 1). Regulation 7 modifies the postponement of certain payments, allowing for a six-month deferment for payments due by members of the Forces or their female dependants (excluding widows) if the member dies during service, and a six-month deferment for widows if His Majesty ceases to be engaged in war (section 2). Regulation 15 broadens the restriction on execution and other enforcement processes to include any action to enforce payment or other obligations (section 3). Regulation 17 extends the continuation of protection for the same groups, ensuring that protections last for six months after the member's death or until His Majesty ceases to be engaged in war for widows (section 4). Regulation 27 adjusts the interpretation of certain terms related to life assurance policies for female dependants and widows of deceased members (section 5). Regulation 28a redefines "discharged member of the Forces" and "female dependant of a member," and introduces a new definition for "parent of a member" (section 6). Lastly, Regulation 30 extends the application of certain provisions to include persons who reside with and are dependent upon the member (section 7). These Regulations impose specific obligations on financial institutions, creditors, and other entities to postpone payments and refrain from enforcing collection actions against members of the Defence Forces and their dependants during wartime. Specifically, these entities must postpone payment deadlines and refrain from initiating or continuing enforcement processes for six months following the death of a member of the Forces or until six months after His Majesty ceases to be engaged in war for widows (section 2, 3, 4). These provisions are designed to provide temporary relief to those directly affected by war service. The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, it can be inferred that failure to adhere to these provisions may result in legal consequences under the broader framework of the National Security Act 1939-1943 and other relevant legislation. The precise penalties for non-compliance would depend on the applicable laws and regulations in force at the time.

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