Re-establishment and Employment (War Service Moratorium) Regulations

Legislation au C2004L01924 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 138.

 

REGULATIONS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*

I, THE DEPUTY OF 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 thirtieth day of August, 1945.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

H. V. EVATT

Attorney-General.

 

Re-establishment and Employment (War Service Moratorium ) Regulations.

Citation.

1. These Regulations may be cited as the Re-establishment and Employment (War Service Moratorium) Regulations.

Definition.

2. In these Regulations, “the Act” means the Re-establishment and Employment Act 1945.

Forms of notice.

3.—(1.) The form referred to in paragraph (a) of sub-section (1.) of section 129 of the Act shall be in accordance with Form A in the Schedule to these Regulations.

(2.) The form referred to in paragraph (b) of sub-section (1.) of section 129 of the Act shall be in accordance with Form B in the Schedule to these Regulations.

Prescribed officers.

4. Every officer holding, or performing the duties of, any of the following offices in the Attorney-General’s Department shall be a prescribed officer for the purposes of sub-section (5.) of section 129 of the Act:—

Crown Solicitor, Canberra.

Deputy Crown Solicitor, Sydney.

Deputy Crown Solicitor, Melbourne.

Deputy Crown Solicitor, Brisbane.

Deputy Crown Solicitor, Townsville.

Deputy Crown Solicitor, Adelaide.

Deputy Crown Solicitor. Perth.

Official Receiver, Bankruptcy Branch, Hobart.

__________________________________________________________________________________

* Notified in the Commonwealth Gazette on 31st August, 1945.

4079.—Price 3d.


THE SCHEDULE.

Form A. Regulation 3.

 

Re-establishment and Employment (War Service Moratorium) Regulations.

NOTICE REQUIRING A PERSON TO STATE WHETHER HE IS A MEMBER OF THE FORCES.

In pursuance of section 129 of the Re-establishment and Employment Act 1945, I, [full name of person giving notice] of [address of person giving notice] hereby require you to inform me, within fourteen days after the receipt of this notice, whether or not you are a member of the Forces as defined by section 108 of that Act.

Dated this     day of   , 194 .

 

[Signature of person giving notice]

Note.—If the person to whom this notice is addressed is a member of the Forces as defined by section 108 of that Act, he or some person having knowledge of the facts, should furnish to the person giving the notice, within fourteen days after the receipt thereof, a statutory declaration under the Statutory Declarations Act 1911-1944 of the Commonwealth stating that the person to whom the notice is addressed is a member of the Forces as so defined. Failure to furnish such a statutory declaration to the person giving the notice may result in the person to whom the notice is addressed losing the benefit of section 118 of the Re-establishment and Employment Act 1945, which provides restrictions on the acquisition of certain lands from members of the Forces.

 

Form B. Regulation 3.

Re-establishment and Employment (War Service Moratorium) Regulations.

NOTICE REQUIRING A PERSON TO STATE WHETHER A MEMBER OF THE FORCES OR A FEMALE DEPENDANT OF A MEMBER OF THE FORCES.

In pursuance of section 129 or the Re-Establishment and Employment Act 1945, I, [full name of person giving notice] of [address of person giving notice] hereby require you to inform me, within fourteen days after the receipt of this notice, whether or not you are a member of the Forces or a female dependant of a member of the Forces as defined by section 108 of that Act.

Dated this     day of   , 194 .

 

[Signature of person giving notice]

Note.—If the person to whom this notice is addressed is a member of the Forces or a female dependant of a member of the Forces as defined by section 108 of that Act, he or she, or some person having knowledge of the facts, should furnish to the person giving the notice, within fourteen days after the receipt thereof a statutory declaration under the Statutory Declarations Act 1911-1944 of the Commonwealth stating that the person to whom the notice is addressed is a member of the Forces or a female dependant of a member of the Forces as so defined, as the case may be. Failure to furnish such a statutory declaration to the person giving the notice may result in the person to whom the notice is addressed losing the benefit of Part X. of the Re-establishment and Employment Act 1945.

 

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

Overview

The Re-establishment and Employment (War Service Moratorium) Regulations were enacted in 1945 as a legislative instrument under the Re-establishment and Employment Act 1945. These regulations were introduced to address the need for a moratorium on the acquisition of certain lands by members of the armed forces and their female dependants, as part of broader post-war re-establishment efforts. The regulations were made by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective behind these regulations was to provide a legal framework that protected members of the forces and their dependants from the adverse effects of hasty land transactions, ensuring they could re-establish themselves without undue financial or legal burdens.

Scope and Application

The Re-establishment and Employment (War Service Moratorium) Regulations 1945, made under the Re-establishment and Employment Act 1945, apply to individuals and entities in Australia who are required to provide certain notifications as stipulated in the Act. These regulations primarily focus on individuals, including members of the armed forces and their female dependants, mandating them to declare their status within a specified timeframe to ensure they retain the benefits outlined in the Act. The geographic scope of these regulations is nationwide, applying across all states and territories of Australia. The regulations also include detailed forms for the notices to be issued and received, as outlined in the Schedule, ensuring compliance with the Act's requirements. These regulations extend the Act's provisions through prescribed forms and specific duties assigned to officers within the Attorney-General’s Department, ensuring a structured process for declarations and verifications.

Key Provisions

The Re-establishment and Employment (War Service Moratorium) Regulations (C2004L01924) provide specific requirements and procedures under the Re-establishment and Employment Act 1945, particularly focusing on the status of individuals in relation to the Forces. Section 2 defines "the Act" as the Re-establishment and Employment Act 1945, while Section 3 mandates the forms of notice that must be used in accordance with Forms A and B in the Schedule. These forms are crucial for requiring individuals to declare whether they are members of the Forces or if they are female dependants of such members within a specified timeframe. Failure to comply with these notice requirements can result in the loss of certain benefits outlined in the Act. The Regulations impose specific obligations on the parties involved. Section 4 designates certain officers within the Attorney-General's Department as prescribed officers, tasked with overseeing the implementation of the Act's provisions. These officers include the Crown Solicitor in various cities and the Official Receiver, Bankruptcy Branch in Hobart. They must ensure that the required notices are issued and managed effectively to protect the rights of individuals under the Act. Additionally, the Regulations set out the consequences for non-compliance. If an individual fails to provide the required statutory declaration within the stipulated fourteen days, as outlined in the forms in Section 3, they may forfeit the benefits provided by the Act, such as the restrictions on the acquisition of certain lands from members of the Forces and protections under Part X. The potential loss of these benefits underscores the importance of timely and accurate declarations. The precise nature and extent of the penalties or consequences for non-compliance are detailed within the Re-establishment and Employment Act 1945 itself, though the Regulations highlight the seriousness of adhering to these procedural requirements.

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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.