Re-establishment and Employment (Allowances and Loans--Agricultural Occupations) Regulations (Amendment)

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STATUTORY RULES.

1953. No. 83.

 

REGULATIONS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945-1953.*.

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 Re-establishment and Employment Act 1945-1953.

Dated this seventh day of September, 1953.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior.

 

Amendments of the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations.†

1. Regulation 1a of the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations is repealed and the following regulation inserted in its stead:—

Definition.

“1a. In these Regulations, ‘the Act’ means the Re-establishment and Employment Act 1945-1953.”.

Interest on loans.

2. Regulation 4 of the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) Where—

(a) an eligible person who has received a loan in respect of an agricultural occupation under Division 3 of Part VI. of the Act;

(b) the terms and conditions as determined by the prescribed authority on which the loan has been made provide for the repayment of the loan by instalments of the principal, or interest on, the loan; and

(c) the eligible person is in arrears of an instalment, the arrears of instalment shall bear interest at the rate of three and three-quarters per centum per annum.”.

3.—(1.) After regulation 4 of the Re-establishment and Employment (Allowances and Loans–Agricultural Occupations) Regulations the following regulations are added:—

Extension of Regulations to Korea and Malaya members.

“5.—(1.) In this regulation, ‘eligible person’ means an eligible person within the meaning of Divisions 3 and 4 of Part VI. in their operation as extended by Division 1 of Part XI of the Act.

 

* Notified in the Commonwealth Gazette on , 1953.

† Statutory Rules 1945, No. 182, as amended by Statutory Rules 1946, Nos. 5 and 180; and 1948, No. 74.

3383.—Price 3d. 10/30.7.1953.

“(2.) The operation of the provisions of these Regulations extends to, and in relation to, eligible persons within the meaning of this regulation and, for the purposes of those provisions in their extended operation—

(a) a reference to an eligible person shall be read as a reference to an eligible person within the meaning of this regulation;

(b) a reference to Divisions 3 and 4 of Part VI. of the Act shall be read as a reference to those provisions in their operation as extended by Division 1 of Part XI. of the Act; and

(c) a reference to any loan made under Part III. of the Act to a trainee under the Commonwealth Reconstruction Training Scheme shall be read as a reference to a loan under a Commonwealth scheme of vocational training for members of the Forces within the meaning of section 139 of the Act or for widows of those members.

Period within which application for re-establishment loans is to be made — Korea and Malaya members.

“6. A loan shall not be made or a guarantee given in respect of an agricultural occupation under Division 3 of Part VI. of the Act in its operation as extended by Division 1 of Part XI. of the Act unless the application for the loan or guarantee is made

(a) within five years after—

(i) the date on which the applicant, or where the applicant is a widow, her late husband, was discharged;

(ii) the date of the termination or completion of any training that the applicant, or where the applicant is a widow, the applicant or her late husband, received under a Commonwealth scheme of vocational training for members of the Forces within the meaning of section 139 of the Act or for widows of those members; or

(iii) the date of the termination or completion of any vocational training that the applicant, or, where the applicant is a widow, the applicant or her late husband, has undertaken without expense to the Commonwealth; or

(b) where the applicant is a widow whose husband died while serving with the Defence Force or died without making an application in relation to which any of the sub-paragraphs of the last preceding paragraph applies before the expiration of the period within which he could have applied if he had lived—before—

(i) the date of the expiration of a period of one year after the death of her husband; or

(ii) the date on which the youngest of her children (if any) attains the age of six years,

whichever is the latest.”.

(2.) This regulation shall be deemed to have come into operation on the eleventh day of January, 1952.

 

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

Overview

The Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations 1953 were made under the Re-establishment and Employment Act 1945-1953, which was enacted to address the challenges faced by returning service members in re-establishing themselves in civilian life after World War II. The 1945-1953 Act was designed to provide financial support and vocational training to former members of the Australian Defence Force, with a focus on agricultural occupations as a means of economic rehabilitation. These Regulations amend the earlier Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations 1945, extending the benefits to eligible persons from Korea and Malaya, and introduce interest on arrears of loan instalments. The Regulations were made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and they came into force on 11 January 1952. The overarching policy objective is to ensure that former service members, including widows of deceased members, have the necessary support to transition into civilian employment, particularly in agricultural sectors.

Scope and Application

The Regulations under the Re-establishment and Employment Act 1945-1953, issued as Statutory Rules 1953 No. 83, specifically address the provisions related to allowances and loans for agricultural occupations. These regulations apply to eligible persons, which are defined within Divisions 3 and 4 of Part VI of the Act, as extended by Division 1 of Part XI of the Act. The scope of these regulations includes provisions for interest on loans, extending the operation of the regulations to eligible persons who are members of the forces from Korea and Malaya, and establishing a timeframe for application for loans or guarantees. The regulations aim to provide financial support to eligible individuals, including those who have completed vocational training under Commonwealth schemes or are widows of members who died while serving or before making an application for re-establishment benefits. The amendments and additions to the regulations, including the introduction of interest on arrears of instalments and the extension of eligibility, are intended to support the re-establishment efforts of these individuals in agricultural occupations.

Key Provisions

The main operative sections of the Statutory Rules 1953 No. 83 involve amendments to the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations. These amendments clarify the definition of "the Act" (section 1a) and introduce interest on arrears for agricultural loans (section 2). Additionally, new regulations extend the scope of the existing provisions to include members from Korea and Malaya (section 5) and set forth a timeframe within which applications for re-establishment loans must be made by these members (section 6). These provisions aim to provide clarity and ensure the proper administration of loans and allowances under the Re-establishment and Employment Act 1945-1953. The Regulations impose specific obligations on eligible persons who have received loans for agricultural occupations. Firstly, they must adhere to the repayment terms as determined by the prescribed authority, which includes making instalment payments on time (section 2). Failure to do so will result in interest being charged on any arrears at a rate of three and three-quarters per centum per annum. Secondly, eligible persons from Korea and Malaya must apply for loans or guarantees within a specified timeframe after their discharge or the completion of their training (section 6). This timeframe ensures that applications are processed in a timely manner, facilitating the efficient distribution of support to those in need. In terms of the consequences for non-compliance, the Regulations do not explicitly outline specific offences or penalties for breaching the terms of the loans. However, the imposition of interest on arrears (section 2) serves as a financial disincentive for late payments, thereby encouraging timely repayment. For applications made outside the specified timeframe (section 6), the failure to meet the application deadline could result in the ineligibility for the loan or guarantee, potentially depriving the applicant of the intended support. While the Regulations do not detail maximum penalties, the financial implications of accruing interest or missing application deadlines act as deterrents against non-compliance.

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