STATUTORY RULES.
1946. No. 180.
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REGULATION UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*
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 Re-establishment and Employment Act 1945.
Dated this eleventh day of December, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
JOHN J. DEDMAN
Minister of State for Post-war Reconstruction.
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Amendment of the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations.†
Regulation 4 of the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations is repealed and the following regulation inserted in its stead:—
Interest on Loans.
“4.—(1.) For the purpose of ascertaining the rate of interest on a loan or portion of a loan made under Division 3 of Part VI. of the Act to any one eligible person in respect of an agricultural occupation, whether before or after the commencement of this regulation—
(a) the amounts of all such loans shall be added to the amounts of all other loans under the Act and of all loans under the Australian Soldiers’ Repatriation Regulations made or granted to that person and—
(i) if the aggregate amount does not exceed Fifty pounds, interest shall not be charged;
(ii) if the aggregate amount exceeds Fifty pounds, but does not exceed Two hundred and fifty pounds, interest shall be charged at the rate of two per centum per annum on so much of the aggregate amount as exceeds Fifty pounds; and
* Notified in the Commonwealth Gazette on 12th December, 1946.
† Statutory Rules 1945, No. 182, as amended by Statutory Rules 1946, No. 5.
6329.—Price 3d.
(iii) if the aggregate amount exceeds Two hundred and fifty pounds, interest shall be charged—
(1) on the first Two hundred pounds in excess of Fifty pounds, at the rate of two per centum per annum; and
(2) on so much of the aggregate amount as exceeds Two hundred and fifty pounds, at the rate of three and three-quarters per centum per annum; and
(b) each loan included in the aggregate amount shall be apportioned in relation to the aggregate amount in the order of its making or granting and the appropriate rate or rates of interest (if any) on the loan or portions of the loan fixed, in accordance with the last preceding paragraph, accordingly.
“(2.) For the purposes of this regulation—
(a) any reference to other loans under the Act shall be read as a reference to loans within the meaning of the Re-establishment and Employment (Allowances and Loans) Regulations; and
(b) any reference to loans under the Australian Soldiers’ Repatriation Regulations shall be read as a reference to loans within the meaning of regulation 53 of those Regulations.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Re-establishment and Employment Act 1945 was enacted by the Commonwealth Parliament to provide support for Australians returning from military service, particularly in securing employment and re-establishing themselves in civilian life. The Act aimed to address the post-war economic and social challenges faced by ex-servicemen and women by facilitating their transition back into the workforce, often through agricultural occupations. The Act introduced various allowances and loans to support these individuals. The Statutory Rules of 1946, No. 180, under this Act, specifically amended the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations to adjust the interest rates on loans provided to eligible persons, ensuring that the financial burden on returning service members was managed effectively. This regulation was part of a broader policy objective to ensure that ex-servicemen and women were adequately supported to re-enter civilian life and contribute to the nation's recovery and growth.
Scope and Application
The Statutory Rules 1946 No. 180, made under the Re-establishment and Employment Act 1945, pertain specifically to the amendment of the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations. This legislative instrument applies to eligible persons who have received loans under the Act, particularly those engaged in agricultural occupations, both before and after the regulation's commencement. The geographic and jurisdictional reach of this Act is confined to the Commonwealth of Australia, as it is a federal regulation. The regulation adjusts the interest rates on loans based on the total amount owed by the individual, distinguishing between loans not exceeding £50, loans exceeding £50 but not exceeding £250, and loans exceeding £250. Furthermore, the regulation also incorporates loans made under the Australian Soldiers’ Repatriation Regulations, ensuring a comprehensive approach to interest rate calculations for eligible persons. There are no stated exclusions or exemptions within the text, and the application is extended through subordinate instruments by amending the existing regulations.
Key Provisions
The main operative sections of this statutory regulation are Sections 1 and 4. Section 1 provides the authority under which this regulation is made, citing the Re-establishment and Employment Act 1945. Section 4 specifically addresses the amendment of interest rates on loans related to agricultural occupations, replacing the previous regulation with a new interest structure based on the total amount of loans an eligible person has accrued.
Under Section 4, the regulation imposes a detailed scheme for determining the interest rates applicable to loans. If the total amount of loans, including those under the Re-establishment and Employment Act and the Australian Soldiers’ Repatriation Regulations, does not exceed fifty pounds, no interest is charged. If the total exceeds fifty pounds but does not exceed two hundred and fifty pounds, interest is charged at two per centum per annum on the amount exceeding fifty pounds. For amounts exceeding two hundred and fifty pounds, interest is charged at two per centum per annum on the amount exceeding fifty pounds up to two hundred pounds, and at three and three-quarters per centum per annum on the amount exceeding two hundred and fifty pounds. Each loan is apportioned according to the order in which it was made or granted.
The regulation imposes obligations on eligible persons receiving loans under the specified acts to ensure they are aware of and comply with the interest rates based on the total amount of loans they have accrued. Financial institutions or bodies responsible for disbursing these loans must also adhere to the new interest rates as per the provisions outlined in Section 4. Failure to apply the correct interest rates could result in legal repercussions for both the lenders and the borrowers.
There are no explicit provisions in this regulation detailing offences, penalties, or specific civil or criminal consequences for non-compliance. However, non-compliance with the specified interest rates could potentially lead to disputes, financial penalties, or legal actions under the broader legislative framework of the Re-establishment and Employment Act 1945 and the Australian Soldiers’ Repatriation Regulations. Such outcomes would depend on the specific circumstances and the legal remedies available under the relevant legislation.