Re-establishment and Employment (Licences) Regulations

Overview

The Re-establishment and Employment (Licences) Regulations 1947 were enacted as a legislative instrument under the Re-establishment and Employment Act 1945. The Act was introduced to address the urgent need to reintegrate returned service personnel into civilian life following World War II. The problem the legislation sought to resolve was the difficulty many discharged members of the Armed Forces faced in securing employment, particularly in competitive and regulated industries such as taxi and hire car services. The policy objective of the Regulations was to ensure that at least fifty percent of new licences granted for taxi-cab or hire car services in each State or Territory be allocated to these veterans, thereby providing them with a tangible opportunity for economic re-establishment and reducing post-war unemployment among this demographic. These Regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council.

Scope and Application

The Re-establishment and Employment (Licences) Regulations 1947, made under the Re-establishment and Employment Act 1945, apply to the issuance of licences for motor vehicles used as taxi-cabs or hire cars within the states and territories of Australia. These regulations mandate that a minimum of fifty percent of new licences granted post the commencement of these regulations, excluding renewals of existing licences, must be awarded to discharged members of the Australian Forces. This ensures that veterans have priority access to employment opportunities in the taxi and hire car industries, facilitating their reintegration into civilian life post-service. The regulations' jurisdictional scope covers all states and territories of Australia, thereby establishing a national standard for the implementation of these provisions. There are no exclusions, exemptions, or thresholds specified within the regulations themselves; however, their application may be further defined through subordinate instruments or specific state and territory laws governing the issuance of such licences.

Key Provisions

The Re-establishment and Employment (Licences) Regulations (C2004L01895) contain several key provisions. Firstly, these Regulations can be referred to as the Re-establishment and Employment (Licences) Regulations (s. 1). A significant provision is found in section 2, which mandates that at least fifty percent of all new licences granted for the use of motor vehicles for taxi-cabs or hire cars in any State or Territory must be given to discharged members of the Forces, excluding renewals of existing licences. This reservation is applicable to licences granted after the commencement of these Regulations under any state or territory law. The Regulations impose specific obligations on the parties involved. Licensing authorities in each State and Territory must ensure that a minimum of fifty percent of new licences are allocated to discharged members of the Forces (s. 2). This requirement is designed to support the re-establishment of service personnel by providing them with employment opportunities in the taxi and hire car industries. It is crucial that these authorities comply with the stipulations set forth in the Regulations to facilitate the effective implementation of the policy. Failure to comply with the requirements set out in these Regulations may result in legal consequences. While the Regulations do not explicitly outline specific offences or penalties for non-compliance, breaches may be subject to general legal actions under the Re-establishment and Employment Act 1945. Authorities that fail to allocate the required percentage of licences to discharged members of the Forces could potentially face legal challenges or other enforcement measures under the broader legislative framework.