National Welfare Fund Act 1945

Legislation au C1945A00041 Not in force Act

Legislation content

NATIONAL WELFARE FUND.

 

No. 41 of 1945.

An Act to amend the National Welfare Fund Act 1943, and for other purposes.

[Assented to 11th October, 1945.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the National Welfare Fund Act 1945.

(2.) The National Welfare Fund Act 1943 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the National Welfare Fund Act 1943–1945.

Commencement.

2. This Act shall be deemed to have come into operation on the first day of July, One thousand nine hundred and forty-five.

Definitions.

3. Section three of the Principal Act is amended by omitting the definition of “income tax”.

4. Section five of the Principal Act is repealed and the following section inserted in its stead:—

Appropriations for purposes of National Welfare Fund

“5.—(1.) There shall be paid out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, for the purposes of the National Welfare Fund, during the first six months of the financial year commencing on the first day of July, One thousand nine hundred and forty-five, the sum of Fifteen million pounds.

“(2.) There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, for the purposes of the National Welfare Fund—

(a) during the last six months of the financial year commencing on the first day of July, One thousand nine hundred and forty-five—the sum of Twenty million pounds;

(b) in the financial year commencing on the first day of July, One thousand nine hundred and forty-six—the sum of Fifty-one million pounds; and


(c) in each financial year thereafter—the amount of the social services contribution (including provisional social services contribution) which becomes payable under the Social Services Contribution Assessment Act 1945 in that financial year.

“(3.) There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, for the purposes of the National Welfare Fund, in each financial year, a sum equivalent to the collections of tax in that financial year under the Pay-roll Tax Assessment Act 1941–1942.”.

Application of National Welfare Fund.

5. Section six of the Principal Act is amended by inserting after the word “benefits” the words “, invalid and old-age pensions, widows’ pensions”.

6. Section fifty-three of the Invalid and Old-age Pensions Act 1908–1945 is repealed and the following section inserted in its stead:—

Payment of Invalid and old-age pensions.

“53. Payment of pensions shall be made out of the Trust Account established under the National Welfare Fund Act 1943–1945 and known as the National Welfare Fund, and payment shall be made in the prescribed manner.”.

7. Section forty-six of the Widows’ Pensions Act 1942–1944 is repealed and the following section inserted in its stead:—

Payment of widows’ pensions.

“46. Payment of pensions shall be made out of the Trust Account established under the National Welfare Fund Act 1943–1945 and known as the National Welfare Fund.”.

8. Section twenty-three of the Child Endowment Act 1941–1945 is repealed and the following section inserted in its stead:—

Payment of child endowment.

“23. Payment of endowments shall be made out of the Trust Account established under the National Welfare Fund Act 1943–1945 and known as the National Welfare Fund.”.

Citations.

9.—(1.) Section one of the Invalid and Old-age Pensions Act 1945 is amended by omitting sub-section (3.).

(2.) The Invalid and Old-age Pensions Act 1908–1944, as amended by the Invalid and Old-age Pensions Act 1945 and by this Act, may be cited as the Invalid and Old-age Pensions Act 1908–1945.

(3.) The Widows’ Pensions Act 1942–1944, as amended by this Act, may be cited as the Widows’ Pensions Act 1942–1945.

(4.) Section one of the Child Endowment Act 1945 is amended by omitting sub-section (2.).

(5.) The Child Endowment Act 1941–1942, as amended by the Child Endowment Act 1945 and by this Act, may be cited as the Child Endowment Act 1941–1945.

Overview

The National Welfare Fund Act 1945 was enacted by the Parliament of Australia to amend the National Welfare Fund Act 1943 and provide for other related purposes. The Act was introduced to address the need for additional funding to support various welfare payments including invalid and old-age pensions, widows' pensions, and child endowments. The policy objective was to ensure a stable and sufficient funding source for these critical social welfare programs. The Act appropriates specific sums from the Consolidated Revenue Fund for the National Welfare Fund over various financial years, and it also adjusts the application of the fund to include additional pension types. The Act repeals and replaces sections in related acts to align them with the changes made by this legislation, ensuring a coherent framework for welfare payments.

Scope and Application

The National Welfare Fund Act 1945, as amended, pertains to the Commonwealth of Australia and establishes a fund designed to support various welfare benefits, including invalid and old-age pensions, widows’ pensions, and child endowments. The Act, which came into operation on 1 July 1945, amends the National Welfare Fund Act 1943 by adjusting the appropriation of funds for the National Welfare Fund, ensuring that payments for specified welfare benefits are made from this fund. It also repeals and replaces sections of the Invalid and Old-age Pensions Act 1908–1945, the Widows’ Pensions Act 1942–1944, and the Child Endowment Act 1941–1945 to align with the new appropriations and fund structure. The Act applies to the Commonwealth level and does not explicitly state any exclusions, exemptions, or thresholds, but its application may be further defined through subordinate instruments.

Key Provisions

The National Welfare Fund Act 1945 amends the National Welfare Fund Act 1943 by introducing new appropriations and modifying existing provisions. The Act appropriates specific amounts of money to be paid out of the Consolidated Revenue Fund for the purposes of the National Welfare Fund. For the initial six months of the financial year commencing on 1 July 1945, the sum of Fifteen million pounds is allocated, followed by Twenty million pounds for the last six months of that financial year. For the financial year beginning on 1 July 1946, Fifty-one million pounds is allocated, with subsequent financial years receiving the amount of the social services contribution payable under the Social Services Contribution Assessment Act 1945. Additionally, a sum equivalent to the collections of tax under the Pay-roll Tax Assessment Act 1941–1942 is to be paid annually. The Act imposes obligations on the government to ensure that the specified funds are paid out from the Consolidated Revenue Fund to the National Welfare Fund. It mandates that various welfare payments, including invalid and old-age pensions, widows' pensions, and child endowments, are to be made from the National Welfare Fund. This requires the establishment and maintenance of a Trust Account under the National Welfare Fund Act 1943–1945, from which these payments must be drawn. Breaches of the Act, particularly those involving the failure to appropriately allocate or use the funds for their intended welfare purposes, can result in significant legal consequences. While the Act itself does not specify penalties for non-compliance, related Acts, such as the Social Services Contribution Assessment Act 1945 and the Pay-roll Tax Assessment Act 1941–1942, may outline penalties for non-compliance, which could include fines or other sanctions. Given the critical nature of the funds allocated for welfare purposes, non-compliance could also lead to civil or administrative actions to recover misappropriated funds.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Appropriations for purposes of National Welfare Fund
Payment of Invalid and old-age pensions

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.