STATUTORY RULES
1946. No. 6.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
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 Defence Act 1903-1941.
Dated this eleventh day of January, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
F. M. FORDE
Minister of State for the Army.
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Amendments of the War Financial (Military Forces) Regulations.†
Definitions.
1.—(1.) Regulation 4 of the War Financial (Military Forces) Regulations is amended by omitting the definition of “child” and inserting in its stead the following definition:—
“child” means any child (including an ex-nuptial child) who is a son, daughter, step-son or step-daughter or a legally adopted son or daughter of a member and who is—
(a) under the age of sixteen years or
(b) over the age of sixteen years but under the age of eighteen years and who is receiving education as a full-time student at a school, college or university;
(2.) The amendment effected by this regulation shall be deemed to have come into operation on the eleventh day of July, 1945.
Repeal of regulation 26.
2.—(1.) Regulation 26 of the War Financial (Military Forces) Regulations is repealed.
(2.) This regulation shall be deemed to have come into operation on the twenty-first day of March, 1945.
Treatment for illness, &c., for which member culpable.
3. Regulation 83 of the War Financial (Military Forces) Regulations is amended by inserting, after the word “Regulations”, the word “or regulation 203 of the Australian Military Regulations”.
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* Notified in the Commonwealth Gazette on 11th January 1946.
† Statutory Rules 1941, No. 218, as amended by Statutory Rules 1942, Nos. 136 and 347; 1943, No. 287; 1944, Nos. 65, 82, 111, 123 and 180; and 1945, Nos. 29, 48 and 91.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6647.—Price 3d.
Overview
Statutory Rules 1946 No. 6, Regulations under the Defence Act 1903-1941, was enacted by the Governor-General in Council to amend existing regulations concerning the financial support for members of the Australian military forces and their families. The Regulations were a response to the evolving needs of military personnel during and post-World War II, aiming to ensure that the financial provisions kept pace with changes in the circumstances of service members and their dependants. The Defence Act 1903-1941 provided the legislative basis for these amendments, with the overarching policy objective being to support the welfare of military personnel and their families effectively, in line with the demands of wartime and post-war transitions.
Scope and Application
The Statutory Rules 1946, No. 6, issued under the Defence Act 1903-1941, amends the War Financial (Military Forces) Regulations. These regulations apply to members of the military forces and their dependents, focusing on financial matters related to military service. The geographic reach of these regulations is the Commonwealth of Australia, as they are enacted at the federal level. The regulations define terms such as "child" and outline financial responsibilities, including provisions for the treatment of illness and the financial implications when a member is culpable. Notably, Regulation 26 has been repealed, and Regulation 83 has been amended to incorporate references to Regulation 203 of the Australian Military Regulations. The amendments and repeals outlined in these regulations came into effect on specified dates in 1945, ensuring that the legal framework governing military finances is updated and streamlined.
Key Provisions
The Regulations, under the Defence Act 1903-1941, introduce specific amendments and repeals to the War Financial (Military Forces) Regulations. Firstly, the definition of “child” in Regulation 4 has been expanded to include any child, including ex-nuptial children, who are either under sixteen years of age or between sixteen and eighteen years of age and attending full-time education (section 1(1)). This amendment clarifies the scope of who qualifies as a dependent for financial purposes under the regulations. Secondly, Regulation 26 has been repealed, which presumably removes or alters a provision that is no longer applicable (section 2(1)). Additionally, Regulation 83 is amended to include treatment for illnesses or conditions specified in Regulation 203 of the Australian Military Regulations (section 3).
These amendments and repeals impose new obligations and requirements on military personnel and their families. Military members must now ensure that any dependents who fit the expanded definition of "child" are included in any claims or benefits under the War Financial (Military Forces) Regulations. The repeal of Regulation 26 may affect the financial provisions available to certain categories of military personnel, necessitating adjustments in how financial support is managed. The inclusion of Regulation 203 in Regulation 83 means that treatment for specific conditions will now be covered, potentially increasing the financial support available for certain health-related expenses.
Failure to comply with these regulations, or the misuse of benefits derived from them, could lead to legal consequences. While specific penalties are not detailed within the text, breaches of regulations governing military financial provisions could result in disciplinary action under military law or civil penalties for fraud or misrepresentation. The exact nature and severity of these penalties would depend on the specific breach and the applicable laws at the time.