Repatriation Regulations (Amendment)

Legislation au C1952L00101 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1952. No. 101.

 

REGULATIONS UNDER THE REPATRIATION ACT 1920-1952.*

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 Repatriation Act 1920-1952.

Dated this fourth day of December, 1952.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

WALTER J. COOPER

Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations.†

1. Regulation 173c of the Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Exemption of certain funds raised within a State.

“173c.—(1.) If it appears to the Governor-General that satisfactory provision has been made by the law of a State for the proper control of patriotic funds in that State, he may, by Order published in the Gazette, declare that patriotic funds (other that patriotic funds referred to in sub-regulation (2.) of this regulation) raised within that State by persons or bodies, whether or not those persons or bodies were or are affiliated or connected with an organization or body that receives collections or contributions to a fund from more than one State, are exempted from such of the provisions of this Part as are specified in the Order.

“(2.) An Order made under the last preceding sub-regulation in relation to a State shall not exempt from the application of this Part—

(a) patriotic funds in that State in respect of the disposal of the assets of which the Commission or the Minister has, before the date of commencement of this regulation, given directions in pursuance of regulation 173k of these Regulations; and

(b) patriotic funds controlled by a Local Committee or acquired by a Local Committee from a patriotic fund which was wound up voluntarily, under the law of that State or by a direction of the Commission or the Minister under regulation 173k of these Regulations.

 

* Notified in the Commonwealth Gazette on 11th December, 1952.

† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72, 106, 149 and 169; 1948, Nos. 38, 43, 80, 135 and 137; 1950, No. 96; 1951, Nos. 7 and 58; and 1952, Nos. 7 and 88.

3929.—Price 3d.


“(3.) While an Order under sub-regulation (1.) of this regulation remains in force, the provisions of this Part which are specified in the Order do not apply in relation to patriotic funds in the State in relation to which the Order was made, not being funds referred to in the last preceding sub-regulation and the provisions of the law of that State apply in relation to those first-mentioned funds.”.

Power to wind up funds when no longer required.

2. Regulation 173k of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulations:—

“(6.) Where the Commission or the Minister has given, whether before or after the commencement of this sub-regulation, a direction under either of the last three preceding sub-regulations in relation to the assets held by, or the unexpended moneys in, a fund being wound up in pursuance of this regulation and the direction has not been complied with within a period of three months from the date of the direction, the Commission may, by Order published in the Gazette, declare that the assets held by, and moneys remaining unexpended in, the fund are vested in the Commission and thereupon those assets and moneys shall be vested in the Commission as beneficial owner for the purposes of the disposal of those assets and moneys.

“(7.) A person, body of persons, bank, firm, company or corporation having control or custody of the assets or moneys vested in the Commission under the last preceding sub-regulation or with whom those assets or moneys have been deposited shall not deal with, or dispose of, those assets or money except in accordance with the directions of the Commission and, when required so to do by the Commission, shall transfer those assets and moneys to the Commission.

“(8.) Where a person, body of persons, bank, firm, company or corporation deals with, or disposes of, assets or moneys vested in the Commission under sub-regulation (6.) of this regulation otherwise than in accordance with the directions of the Commission, the value of those assets or the amount of moneys so dealt with or disposed of may be recovered by the Commission as a debt due and owing to it.

“(9.) The Commission may disburse the assets or moneys vested in it under sub-regulation (6.) of this Regulation in accordance with the original direction or in accordance with the provisions of this Part.”.

 

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

Overview

The Repatriation Act 1920-1952 was enacted to address the need for proper control and management of funds raised for the welfare of returned service personnel and their families. The Act was developed to ensure that these funds, often termed patriotic funds, were managed efficiently and ethically. The problem it aimed to resolve was the lack of a cohesive framework for the oversight and administration of these funds, which could lead to mismanagement or misappropriation. The Repatriation Act 1920-1952 was enacted by the Parliament of Australia, reflecting a national commitment to supporting those who have served in the defence of the country. The policy objective of the Act was to establish a regulatory environment that safeguarded the interests of veterans and their families by ensuring that the funds intended for their welfare were used appropriately and effectively. The Regulations under this Act, including the amendments made in 1952, aimed to enhance the oversight and control mechanisms for patriotic funds, ensuring they are used for their intended purposes and preventing any potential misuse.

Scope and Application

The Repatriation Regulations 1952, made under the Repatriation Act 1920-1952, pertain to the control and management of patriotic funds raised within the various states of Australia. These regulations apply to funds raised by individuals or entities within a state, unless the funds fall under specific exceptions as outlined in the regulations. Notably, the Governor-General has the authority to exempt certain patriotic funds from the provisions of these regulations if the state has enacted adequate laws for the proper control of such funds. However, this exemption does not extend to funds already subject to directions from the Repatriation Commission or the Minister, nor does it apply to funds controlled by local committees or acquired from wound-up funds. Furthermore, the regulations empower the Repatriation Commission to vest assets and unexpended moneys of a fund in itself if the fund is being wound up and the Commission's directions are not complied with within three months. The regulations also mandate that any party dealing with these vested assets or moneys must adhere to the Commission's directives, with potential recovery of assets or moneys mishandled as debts owed to the Commission.

Key Provisions

The key provisions of these Regulations (Statutory Rules 1952, No. 101) under the Repatriation Act 1920-1952 primarily focus on the exemption of certain patriotic funds from specific provisions of the Repatriation Regulations and the power to wind up funds when they are no longer required. Regulation 173c (subsection 1) allows the Governor-General to exempt certain patriotic funds raised within a state from certain provisions of the Repatriation Regulations if the state has satisfactory laws for the control of such funds (subsection 2). However, this exemption does not apply to funds that the Repatriation Commission or the Minister has directed be disposed of under Regulation 173k or funds controlled by a Local Committee or acquired from a fund that was wound up (subsection 2(a) and (b)). Meanwhile, Regulation 173k (subsections 6 to 9) provides the Repatriation Commission with the power to vest assets and unexpended moneys of a fund in itself if directions under certain preceding sub-regulations have not been complied with within three months. Persons or entities in control of these assets or moneys must follow the Commission's directions and transfer them when required. Failure to comply may result in the Commission recovering the value of the assets or moneys dealt with or disposed of as a debt. These Regulations impose specific obligations on the Repatriation Commission, the Minister, and other entities. The Governor-General must assess whether state laws provide satisfactory control of patriotic funds to decide on exemptions. The Repatriation Commission or the Minister must ensure that directions for the disposal of fund assets are complied with within three months, or else the Commission may take over the assets and moneys. Persons or entities in control of assets or moneys vested in the Commission must adhere to the Commission's directions and transfer the assets or moneys when required. Non-compliance with these directions may lead to the recovery of the value of the assets or moneys as a debt. The Regulations also establish potential offences and penalties for non-compliance. Subsection 8 of Regulation 173k states that if a person or entity deals with or disposes of assets or moneys vested in the Commission contrary to the Commission's directions, the value of those assets or the amount of moneys may be recovered by the Commission as a debt. However, the Regulations do not specify maximum penalties for such offences, leaving it to the courts to determine appropriate penalties based on the circumstances of each case.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.