STATUTORY RULES.
1952. No. 32.
REGULATIONS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945–1951.*
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 1945–1951.
Dated this twenty third day of April, 1952.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
Re-establishment And Employment (General) Regulations.
Citation.
1. These Regulations may be cited as the Re-establishment and Employment (General) Regulations.
Commencement.
2.—(1.) Subject to the next succeeding sub-regulation, these Regulations shall be deemed to have come into operation on the eighth day of December, 1951.
(2.) Regulation 5 of these Regulations shall be deemed to have come into operation on the eleventh day of January, 1952.
Definition.
3. In these Regulations “the Act” means the Re-establishment and Employment Act 1945–1951.
Prescribed areas.
4. For the purposes of section four of the Act, the places that at the commencement of the war as defined in that section were named or described as specified in the Schedule to these Regulations are prescribed areas.
Operational areas.
5. For the purposes of the war as defined by section 139 of the Act, operational areas are—
(a) in relation to the war service of members of the Naval and Air Forces of the Commonwealth—the area of Korea, including the waters contiguous to the coast of Korea for a distance of One hundred nautical miles seaward from the coast;
(b) in relation to the war service of members of the Military Forces of the Commonwealth—the area of Korea, including the waters contiguous to the coast of Korea for a distance of ten nautical miles seaward from the coast; and
* Notified in the Commonwealth Gazette on , 1952.
593.—Price . 9/14.2.1951.
(c) in relation to the war service of members of the Military and Air Forces of the Commonwealth—the area of Malaya, including the waters contiguous to the coast of Malaya for a distance of ten nautical miles seaward from the coast.
Regulation 4.
PRESCRIBED AREAS.
Abyssinia | Kenya |
Albania | Korea |
Aleutian Islands | Labuan |
Algeria (Italian) | Libya (Italian) |
Anglo-Egyptian Soudan | Luxemburg |
Australia | Madagascar |
Austria | Malaya |
Belgium | Malta |
British Borneo | Manchuria |
British Solomon Islands Protectorate | Midway Island |
Bulgaria | Monaco |
Burma | Morocco (Italian) |
Canton Island | Nauru |
Ceylon | Netherlands East Indies |
Channel Islands | New Caledonia |
China | New Guinea |
Christmas Island | New Hebrides |
Cocos Islands | Norway and the adjacent islands under the sovereignty of Norway |
Corsica |
Crete | Nubia (Italian) |
Cyprus | Ocean Island |
Czechoslovakia | Palestine |
Denmark | Persia |
Dodecanese Islands | Philippine Islands |
Egypt | Poland |
Eritrea | Portugese Timor |
Fanning Island | Roumania |
Finland | Russia |
France | Samoa |
French Indo-China |
French North Africa | Sarawak |
Germany | Shanghai |
Gibralta | Singapore |
Gilbert and Ellis Islands Group | Somaliland |
Greece and the islands in the Aegean Sea under Greek sovereignty | Spitsbergen |
Greenland | Straits Settlements |
Guam | Syria |
Hawaii | Tanganyika Territory |
Holland |
Hong Kong | Thailand |
Hungary | Transjordan |
Iceland | Tripolitania (Italian) |
India | Tunisia (Italian) |
Iraq | United Kingdom |
Italy and all the islands of the Mediterranean under Italian sovereignty | Wake Island |
Japan (including all the islands forming part of the Japanese Empire or administered by Japan under mandate) | Those parts of the sea over which members of the Naval, Military or Air Forces travelled on service whether in sea-going vessels or in aircraft. |
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Re-establishment and Employment (General) Regulations, enacted in 1952, are subsidiary legislation made under the authority of the Re-establishment and Employment Act 1945–1951. This Act was introduced to address the needs of Australian service personnel who returned from war and required assistance in re-establishing their lives and employment. The Regulations were formulated to provide further detail and operational clarity in defining areas and regions that were considered operational zones for the purposes of eligibility for benefits and support under the Act. The enacting body for these Regulations is the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, underscoring the significance and formal endorsement required for such legislative instruments. The policy objective of these Regulations is to clearly define the geographic scope of operational areas, ensuring that the benefits of the Act are appropriately and fairly administered to those who served in specific war zones.
Scope and Application
The Re-establishment and Employment (General) Regulations 1952, which are statutory rules made under the Re-establishment and Employment Act 1945–1951, apply to individuals and entities associated with the Australian Naval, Military, and Air Forces during the period defined as wartime in the Act. These Regulations outline specific areas designated as prescribed areas and operational areas where service members were deployed, providing a framework for determining eligibility for certain benefits and entitlements under the Act. The geographic scope of these Regulations is national, extending to various regions including Korea, Malaya, and the surrounding waters as specified. The Regulations came into operation on 8 December 1951, with certain provisions, such as those in Regulation 5, having a later effective date of 11 January 1952. Notably, the Act and its subordinate Regulations do not explicitly provide for exclusions or exemptions, implying a broad application to those who served within the prescribed areas during the specified wartime period.
Key Provisions
The Re-establishment and Employment (General) Regulations, made under the Re-establishment and Employment Act 1945–1951, provide a framework for the administration of benefits and support to members of the Naval, Military, and Air Forces of the Commonwealth who served during the war. Section 1 establishes that these Regulations can be referred to as the Re-establishment and Employment (General) Regulations. The Regulations came into operation on December 8, 1951, with a specific section (Regulation 5) commencing on January 11, 1952, as noted in Section 2. Section 3 clarifies that "the Act" refers to the Re-establishment and Employment Act 1945–1951, ensuring a consistent reference throughout the document.
The Regulations define prescribed areas (Section 4) as those places named or described in the Schedule, which were designated as significant during the war as defined in the Act. These prescribed areas include a wide range of locations such as Abyssinia, Kenya, Korea, Malaya, and many others, as detailed in the Schedule. Operational areas for the war are also specified (Section 5) for different services: Korea for the Naval and Air Forces, and Malaya for the Military and Air Forces, along with specific maritime distances for these areas.
The obligations and requirements imposed by these Regulations on parties and entities governed by the Act include adherence to the prescribed areas and operational zones. These provisions ensure that the support and benefits under the Act are targeted and administered correctly to those who served in designated war zones. The prescribed areas serve to clarify eligibility for benefits, while the operational areas help in determining the specific conditions under which the services were performed.
Breaches of these Regulations may lead to various consequences. Although specific offences, penalties, or consequences are not detailed within the provided excerpt, it is understood that non-compliance with the stipulations of the Act and its Regulations could result in administrative, civil, or criminal penalties, as typically provided under the overarching Act. The potential penalties for violations of regulations made under an Act can include fines, imprisonment, or other legal actions as prescribed by law.