STATUTORY RULES.
1950. No. .
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 nineteenth day of October, 1950.
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
Amendment of the Re-establishment and Employment Regulations.†
After regulation 38 of the Re-establishment and Employment Regulations, the following regulation is inserted :—
“ 39. Section one hundred and two b of the Principal Act is repealed and the following section inserted in its stead :—
Time within which application is to be made.
‘ 102a.—(1.) Subject to the next succeeding sub-section, a business re-establishment allowance shall not be payable under this Division by a prescribed authority unless an application for the allowance is made—
(a) within five years after the cessation of hostilities in all the wars in which His Majesty was engaged at the date of commencement of this Division, the date, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine, on which the applicant ceased to be engaged on war service, or the date of the termination or completion of any training which the applicant received under Part III. of this Act, whichever is the latest ; or
(b) where the applicant is a widow—within five years after the cessation of hostilities in all the wars in which His Majesty was engaged at the date of commencement of this Division, and the date, being not later than the thirtieth day of June, One thousand nine hundred and forty-nine, on which the applicant’s husband ceased to be engaged on war service, or the date of the termination or completion of any training which the applicant’s husband received under Part III. of this Act, whichever is the latest.
* Notified in the Commonwealth Gazette on , 1950.
† Statutory Rules 1945, No. 181, as amended by Statutory Rules 1946, Nos. 14, 57, 85, 130, 165 and 177; 1947, Nos. 12, 52, 87 and 100: 1948, Nos. 9, 57 and 73; and 1949, Nos. 72 and 104.
4472.—Price 3d. 9/17.8.1950.
‘ (2.) A business re-establishment allowance shall not be payable under this Division by a prescribed authority to a person engaged in an agricultural occupation unless an application for the allowance is made—
(a) within the time prescribed by the last preceding sub-section ; or
(b) within three years after the date on which the applicant commenced full-time working in that occupation,
whichever is the earlier.’.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Re-establishment and Employment Regulations 1950 are statutory rules made under the Re-establishment and Employment Act 1945. Enacted by the Governor-General in Council, these regulations address the procedural requirements for applications for business re-establishment allowances, ensuring that such applications are lodged within specified timeframes post cessation of hostilities or completion of war service training. The primary objective of these regulations is to streamline the application process and provide clear deadlines for the submission of claims, thereby facilitating timely support for individuals re-establishing in civilian life after war service. This legislative instrument aims to ensure that the benefits of the Act are administered efficiently and equitably.
Scope and Application
The Re-establishment and Employment Regulations, as amended under the Re-establishment and Employment Act 1945, establish conditions for the payment of a business re-establishment allowance. This regulation applies to individuals, including those who have served in war or received training under the Act, as well as to widows of deceased service members. It mandates that an application for the allowance must be submitted within specific timeframes, either within five years from the cessation of hostilities or the date the individual ceased war service, whichever is later, or within three years from the commencement of full-time work in an agricultural occupation. These regulations are enforced by prescribed authorities within the Commonwealth of Australia, covering both individuals and entities engaged in relevant occupations. Subordinate instruments may further refine the application of these regulations, thereby extending or restricting their scope as needed.
Key Provisions
The main operative sections of the Re-establishment and Employment Regulations, particularly Section 102a, establish the time limits within which an application for a business re-establishment allowance must be made. Section 102a(1) stipulates that the application must be made within five years from the cessation of hostilities in all wars in which His Majesty was engaged at the time of commencement of the Division, or within five years from the date on which the applicant ceased to be engaged on war service or completed any training under Part III of the Act, whichever is the latest. For widows, the same five-year period applies, starting from the cessation of hostilities or the date the widow's husband ceased war service or completed training. Section 102a(2) further specifies that for those engaged in an agricultural occupation, the application must be made either within the five-year period from cessation of hostilities or within three years from the date the applicant commenced full-time work in that occupation, whichever is earlier.
The obligations imposed by this legislation on the parties or entities it governs are clear and specific. Firstly, applicants for a business re-establishment allowance must ensure that their application is made within the specified timeframes outlined in the Regulations. This includes understanding the relevant dates, such as the cessation of hostilities or the completion of war service or training. Additionally, for those in agricultural occupations, they must also be aware of the three-year period from the commencement of full-time work in that occupation. Failure to adhere to these timelines could result in the denial of the allowance.
The consequences for breaching the provisions of this Act are significant. While the specific offences and penalties are not detailed within the provided excerpt, it is evident that non-compliance with the stipulated application deadlines could result in the ineligibility for a business re-establishment allowance. The Act's focus on precise timeframes suggests a strict adherence to these periods is necessary to maintain eligibility for the allowance. For applicants, the risk of missing these deadlines means losing the opportunity for financial support intended to assist in their re-establishment after war service or training.