STATUTORY RULES
1946. No. 177.
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 fourth day of December, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
JOHN J. DEDMAN
Minister of State for Post-war Reconstruction.
Amendment of The Re-establishment and Employment Regulations.†
Regulation 11 of the Re-establishment and Employment Regulations is repealed and the following regulation inserted in its stead:—
Amount of loans, &c.
“11. Section ninety-three of the Principal Act is amended by adding at the end thereof the following sub-sections:—
‘(3.) Where two or more eligible persons have agreed to carry on an enterprise jointly, the provisions of sub-section (2.) of this section shall not apply in relation to any loans made, or in respect of which guarantees are given, under this Division to each of those persons who, in the opinion of a prescribed authority, devotes or intends to devote the whole of his time to active participation in that enterprise.
‘(4.) Where, prior to the commencement of this sub-section, a prescribed authority has purported to make a loan, or to give a guarantee in respect of a loan, in pursuance of this Division, and the loan could have been validity made, or the guarantee validly given, if the last preceding sub-section had been in force when the loan was made or the guarantee given, the provisions of this Division shall apply in relation to that loan or guarantee.
‘(5.) Where, prior to the commencement of this sub-section, the prescribed authority has purported to make a loan, or to give a guarantee in respect of a loan, in pursuance of this Division, for the purpose of enabling an eligible person to engage in or resume an occupation, business or practice which was not, at the time when the loan was made or the guarantee given, a prescribed occupation, business or practice, but is subsequently so prescribed, the provisions of this Division shall apply in relation to that loan or guarantee.’”.
* Notified in the Commonwealth Gazette on 5th December, 1946.
† Statutory Rules 1945, No. 151, as amended by Statutory Rules 1946, Nos. 14, 57, 80 and 130.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7690.—Price 3d.
Overview
The Re-establishment and Employment Regulations 1946 is a legislative instrument made under the Re-establishment and Employment Act 1945 by the Governor-General in Council. Enacted to address the immediate needs of post-war veterans and other eligible persons seeking to re-establish themselves in civilian life or business, this regulation was designed to provide financial assistance through loans and guarantees. The problem it aimed to solve was ensuring that eligible persons, particularly those who had served in the armed forces, had access to the necessary financial resources to transition successfully into civilian employment or entrepreneurial ventures. The objective of this regulation was to amend the provisions concerning loans and guarantees, particularly clarifying and expanding the circumstances under which such financial assistance could be provided.
Scope and Application
The Re-establishment and Employment Regulations 1946, made under the Re-establishment and Employment Act 1945, primarily apply to eligible persons who are seeking financial assistance for the purpose of engaging in or resuming a prescribed occupation, business, or practice. These regulations govern the amount of loans and the terms of guarantees provided by prescribed authorities to such individuals, particularly in the context of post-war reconstruction. The regulation also addresses situations where two or more eligible persons jointly agree to carry on an enterprise and intend to devote their full time to it, which may affect the application of certain loan provisions. The scope of the regulation extends to loans and guarantees made before and after the commencement of the new provisions, ensuring continuity and clarity in the application of the Act. The regulation is a Commonwealth instrument, thus applying nationally across Australia. However, the specific application and enforcement of these regulations would typically involve relevant authorities within the states and territories, working in alignment with the overarching federal framework.
Key Provisions
The operative sections of this statutory rule primarily focus on amending Section ninety-three of the Principal Act through the addition of new sub-sections. These additions are detailed in Regulation 11 of the Re-establishment and Employment Regulations. Sub-section (3) clarifies that when two or more eligible persons jointly agree to carry on an enterprise, loans or guarantees made to each individual who devotes or intends to devote their entire time to that enterprise are exempt from the provisions of sub-section (2). Sub-section (4) ensures that any loans or guarantees made before the commencement of this amendment, which could have been validly made or given under the new sub-section, will still be subject to the provisions of this Division. Lastly, sub-section (5) addresses loans or guarantees made for occupations, businesses, or practices that were not prescribed at the time of the loan but later became prescribed, ensuring these also remain subject to the Act’s provisions.
This legislation imposes specific obligations on prescribed authorities responsible for making loans or issuing guarantees under the Act. These authorities must ensure that any loans or guarantees made comply with the new sub-sections. This includes verifying the eligibility of individuals receiving loans or guarantees and ensuring that the activities for which the loans or guarantees are provided align with prescribed occupations, businesses, or practices. The authorities must also retrospectively validate loans or guarantees made before the amendment, where applicable, to ensure they adhere to the new provisions.
Breach of the provisions outlined in this statutory rule can result in significant legal consequences. Although specific offences and penalties are not detailed in the provided text, it is implied that non-compliance with the Act's requirements could lead to legal action. The prescribed authorities could face penalties for issuing loans or guarantees that do not meet the stipulated criteria. Additionally, individuals or entities receiving invalid loans or guarantees might be required to repay these amounts or face other civil or criminal consequences as deemed appropriate by the relevant authorities. The maximum penalties, if applicable, would depend on the specific nature and extent of the breach.