Re-establishment and Employment Regulations

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STATUTORY RULES

1945. No. 181.

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REGULATIONS 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 Regulations under the Re-establishment and Employment Act 1945.

Dated this twenty-third day of November, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

JOHN J. DEDMAN

Minister of State for Post-war Reconstruction.

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Re-establishment and Employment Regulations.

Citation.

1. These Regulations may be cited as the Re-establishment and Employment Regulations.

Definitions.

2. In these Regulations, “the Principal Act” means the Re-establishment and Employment Act 1945, as amended for the time being, whether by any Act or by regulations made under the Re-establishment and Employment Act 1945.

References to the prescribed authority.

3. The Principal Act is amended as set out in the Schedule to these Regulations.

4. The Principal Act is amended by inserting in Part I, after section seven, the following section:—

Delegation by prescribed authorities.

“7a.—(1.) A prescribed authority may delegate to any person all or any of the powers and functions of the prescribed authority under this Act or under the regulations, except this power of delegation, so that the delegate may exercise the powers and functions specified in the instrument of delegation.

“(2.) Where the exercise of any power or function by a prescribed authority, or the operation of any provision of this Act or of the regulation is dependent upon the opinion, belief, or state of mind of the prescribed authority in relation to any matter, that power or function may be exercised by the delegate of the prescribed authority, or that provision may operate, as the case may be, upon the opinion, belief or state of mind of the delegate in relation to that matter.

*Notified in the Commonwealth Gazette on 23rd November, 1945.

6611.—Price 3d.

“(3.) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the proscribed authority.

“(4.) Any reference in this Act or in the regulations to a prescribed authority shall, in relation to any matter, be deemed to include a reference to a delegate of the prescribed authority exercising any power or function in relation to that matter.”.

Repeal of section 69.

5. Section sixty-nine of the Principal Act is repealed.

Loans for establishment in business or civil occupation.

6. Section ninety-two of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) A prescribed authority may, instead of making a loan of money under sub-section (1.) of this section, make available property to an eligible person referred to in that sub-section, and the amount of the value of the property so made available shall be deemed to be a loan of that amount made to that person.”.

Terms and conditions of loans.

7. Section ninety-four of the Principal Act is amended by adding at the pad thereof the following sub-section:—

“(2.) The regulations may make provision for or in relation to the form, registration and effect of securities (other than securities over land) given in pursuance of the last preceding sub-section.”.

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THE SCHEDULE.

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Regulation 3.

references to the prescribed authority.

Section amended.	Extent of Amendment.
43	Credit “the prescribed authority” (first occurring), insert “a prescribed authority”
64	Omit “the prescribed authority”, insert “a prescribed authority”
67	Omit from sub-section (1.) “The prescribed authority”, insert “A prescribed authority “
	Omit from sub-section (2.) “the prescribed authority”, insert “a prescribed authority”
	Omit from sub-section (2.) “the” insert “the prescribed authority”
68	Omit from sub-section (1.) “The prescribed authority”, insert “A prescribed authority “
	Omit from sub-section (2.) “the prescribed authority”, insert “a prescribed authority”
	Omit from sub-section (3.) “the prescribed authority”, insert “a prescribed authority”
70	Omit “The prescribed authority and any other”, insert “A”
71	Omit from sub-section (1.) “the prescribed authority, or any other person performing, duties or exercising powers and functions”, insert “a person performing duties, or exercising powers and functions.”
	Omit from sub-section (1.) “the prescribed authority” (second occurring), insert “a prescribed authority”
72	Omit from paragraph (a) “the prescribed authority”, insert “a prescribed authority”
75	Omit “the prescribed authority” insert “a prescribed authority”

The Schedule—continued.

Section amended.	Extent of Amendment.
76	Omit from paragraph (b) of sub-section (1.) “the prescribed authority”, insert “a prescribed authority”
	Omit from paragraph (c) of sub-section (1.) “the prescribed authority” (first occurring), insert “a prescribed authority”
78, 79 and 80	Omit “the prescribed authority” (wherever occurring), insert” a prescribed authority”
81	Omit “the prescribed authority” (first occurring), insert “A prescribed authority”
82	Omit “the prescribed authority” (first occurring), insert “a prescribed authority”
83	Omit from sub-section (1.) “the prescribed authority” (first occurring), insert “a prescribed authority”
	Omit from sub-section (2.) “the prescribed authority”, insert “a prescribed authority”
	Omit from sub-section (2.) “the”, insert “the prescribed authority”
84	Omit from sub-section (1.) “the prescribed authority”, insert “a prescribed authority”
86	Omit “the prescribed authority”, insert “A prescribed authority”
	Omit “he”, insert “the prescribed authority”
	Omit “him”, insert “the prescribed authority”
87	Omit “the prescribed authority”, insert “a prescribed authority”
90	Omit “the prescribed authority”, insert “a prescribed authority”
	Omit “other”
91	Omit “the prescribed authority” (wherever occurring), insert “a prescribed authority”
92	Omit “the prescribed authority” (wherever occurring), insert “a prescribed authority”
	Omit from sub-section (1.) “its opinion”, insert “the opinion of the prescribed authority”
94	After “Division” (second occurring), insert “by a prescribed authority”
96	After “Division” (first occurring) in sub-section (1.), insert “by a prescribed authority”
97	Omit from sub-section (1.) “the prescribed authority” (first occurring), insert “a prescribed authority”
	After “Division” in paragraph (a) of sub-section (I.), insert “by that prescribed authority”
	After “prescribed authority” (first occurring) in sub-section (2,), insert “by which a loan has been made under this Division”
	Omit sub-section (3.), insert the following sub-section:—
	“(3.) Where the prescribed authority by which a loan has been made under this Division is satisfied that, in view of the efficiency or industry of the person to whom the loan was made, it is desirable to do so, the prescribed authority may vary, in favour of that person, alt or any of the terms and conditions on which the loan was made.”
98	Omit from sub-section (1.) “The prescribed authority” (first occurring), insert “A prescribed authority”
	Omit from sub-section (2.) “The prescribed authority”, insert “A prescribed authority”
99	Omit “the prescribed authority” (first occurring), insert “a prescribed authority”
	After “Division”, insert “from the prescribed authority”
101	Omit from sub-section (1.) “the prescribed authority” (first occurring), insert “a prescribed authority”
102	After “the prescribed authority” in sub-section (2.), insert “by which a business re-establishment allowance is paid”
	Omit from sub-section (2.) “it” (first occurring), insert “the prescribed authority”

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

Overview

The Re-establishment and Employment Regulations were enacted in 1945 under the authority of the Re-establishment and Employment Act 1945, an Act of the Australian Parliament, to address the pressing need for facilitating the re-establishment of service personnel and other eligible persons into civilian life and employment following World War II. These regulations were designed to enhance the operational flexibility and efficiency of the prescribed authorities by enabling them to delegate certain powers and functions, thereby streamlining the processes involved in providing loans and other forms of support to individuals transitioning back to civilian life. This regulatory framework aims to ensure that the re-establishment process is as effective and responsive as possible, aligning with the broader policy objective of supporting the reintegration of service personnel into civilian employment.

Scope and Application

The Re-establishment and Employment Regulations 1945, made under the Re-establishment and Employment Act 1945, apply to prescribed authorities and their delegates, providing them with specific powers and functions concerning loans and re-establishment assistance to eligible persons. These regulations are applicable across the Commonwealth of Australia, as they are federal regulations. The scope of these regulations includes amending the Principal Act to allow prescribed authorities to delegate certain powers and functions, alter the terms and conditions of loans, and to offer property instead of loans to eligible persons. The regulations also introduce provisions for the form, registration, and effect of securities in respect of loans. Section 69 of the Principal Act has been repealed under these regulations. The regulations allow prescribed authorities to modify loan terms based on the efficiency or industry of the loan recipient. These regulations extend the application of the Principal Act through subordinate instruments, as they provide additional details and modifications to the Act’s provisions.

Key Provisions

The Re-establishment and Employment Regulations, made under the Re-establishment and Employment Act 1945, introduce several amendments and additions to the principal legislation. Firstly, section 7a (section 4) allows a prescribed authority to delegate any of its powers or functions to another person, enabling that delegate to exercise these powers or functions as specified in the instrument of delegation. This delegation can include the ability to form opinions, beliefs, or states of mind in relation to any matter, and it is revocable at will by the prescribing authority (section 7a(3)). Additionally, section 92(3) (section 6) introduces an alternative to monetary loans, allowing a prescribed authority to make property available to an eligible person, with the value of the property considered as a loan amount. This provision broadens the means through which support can be provided. The Regulations impose specific obligations on the prescribed authorities, requiring them to exercise their powers and functions, either directly or through delegation, in accordance with the principal Act and the Regulations themselves. Authorities must ensure that any delegations made are within the scope of the powers and functions specified and must maintain the ability to revoke such delegations at any time. Furthermore, when providing loans or property, the prescribed authorities must adhere to the terms and conditions specified in the Regulations, including the ability to vary these terms if deemed necessary based on the efficiency or industry of the recipient. Breaches of the Regulations could lead to various civil or criminal consequences. For instance, if a prescribed authority acts outside the scope of its powers or functions, or if a delegate exceeds the authority granted to them, this could result in actions for misfeasance in public office or other related legal consequences. While the Regulations themselves do not specify maximum penalties, breaches of related provisions in the principal Act or other legislation could attract fines and imprisonment. For example, under section 116 of the principal Act, an unauthorised act by a public officer can attract a penalty of up to two years imprisonment.

Area of Law: Employment & Labour Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Delegation by prescribed authorities; Repeal & Amendment; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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