STATUTORY RULES.
1942. No. 347
REGULATION 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 Fifth day of August, 1942.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendment of the War Financial (Military Forces) Regulations. †
Death of member.
Regulation 51 of the War Financial (Military Forces) Regulations is amended by inserting, after sub-regulation (2.), the following sub-regulations:—
“(2a.) Notwithstanding anything contained in sub-regulation (2.) of this regulation, if a prescribed authority is satisfied that a person to whom or for whose benefit an allotment in relation to which no dependants allowance is payable was made was to some extent dependent upon the member or that hardship would be caused by the cessation of payment of the allotment, he may authorize the payment of a sum equal to the allotment from the date of the death of the member until the expiration of one month from the date of notification to the Repatriation Commission of the death of the member, and any sum so paid shall not be set off against the moneys due to the member at the time of his death.
“(2b.) Where the death of a member has been notified to the Repatriation Commission and the Commission has not determined the pension entitlement or otherwise of any dependant of the deceased member within one month after the date of such notification, the Minister may authorize a periodical payment to any such dependant who has been in receipt of payments under sub-regulation (1.) or sub-regulation (2a.) of this regulation for such period, or periods, and at such rates, as he considers reasonable.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1941, No. 218, as amended by Statutory Rules 1942, No. 136.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4346.—Price 3d. 24/2.7.1942.
Overview
Statutory Rules 1942 No. 347, made under the Defence Act 1903-1941, was enacted to address the financial needs of dependants of military personnel who died during the Second World War. This legislative instrument, issued by the Governor-General in Council, amends the War Financial (Military Forces) Regulations to provide for the continued financial support of dependants in cases where an allotment in relation to which no dependants allowance is payable was made. The regulation allows for the payment of a sum equivalent to the allotment for one month following the notification of the member's death if the prescribed authority determines that the dependant was to some extent dependent on the member or that hardship would result from the cessation of payment. Furthermore, it empowers the Minister to authorise periodical payments to dependants who have been receiving payments under specific sub-regulations if the Repatriation Commission has not determined their pension entitlements within one month of the member's death notification. This amendment aims to ensure that dependants receive necessary financial support during a critical period of transition and uncertainty.
Scope and Application
The Statutory Rules 1942 No. 347, made under the Defence Act 1903-1941, amends the War Financial (Military Forces) Regulations to address financial matters related to military personnel, specifically concerning allotments and pensions in the event of a member's death. These regulations apply to military personnel and their dependants, ensuring financial support is provided under certain conditions. The reach of these regulations is national, as they pertain to the Commonwealth of Australia and its military forces. Notably, the regulations specify conditions under which financial support may be extended to dependants of deceased members, such as dependency on the member or potential hardship due to cessation of payment. The application of these regulations is further extended through the authority granted to prescribed bodies to determine and authorise payments based on specific criteria, such as the Repatriation Commission and the Minister. These amendments aim to provide clarity and support for the families of deceased military members, ensuring that they are not left without financial assistance during critical periods.
Key Provisions
The Regulations under the Defence Act 1903-1941, particularly Regulation 51, provide specific provisions regarding the financial support of military personnel and their dependents. Firstly, sub-regulation (2a) outlines a situation where if a prescribed authority determines that a person to whom an allotment in relation to which no dependants allowance is payable was dependent on a deceased member, or that stopping the allotment would cause hardship, they may authorise the payment of the allotment amount from the date of the member’s death until one month after the death is notified to the Repatriation Commission. Furthermore, any such payment made shall not be offset against the moneys due to the member at the time of their death. Secondly, sub-regulation (2b) allows the Minister to authorise periodical payments to any dependant of a deceased member who has been receiving payments under sub-regulation (1) or (2a) if the Repatriation Commission has not determined the pension entitlement of the dependant within one month of the member’s death notification.
These Regulations impose certain obligations on prescribed authorities and the Minister. Firstly, prescribed authorities must assess whether a deceased member’s dependant was to some extent dependent on them or whether stopping the allotment would cause hardship, and if so, they must authorise the continuation of the allotment payment. Secondly, the Minister must determine reasonable periodical payments to a dependant if the Repatriation Commission has not decided on their pension entitlement within a month of the member’s death notification. Both parties are required to act within specific timeframes and adhere to the conditions set out in the Regulations.
Breach of these Regulations could result in civil or criminal consequences. While the specific penalties are not detailed in the text, it is likely that failure to comply with the provisions regarding financial support could lead to legal action, including fines or other penalties as prescribed by relevant laws. The exact penalties would depend on the specific nature of the breach and would be determined by the courts in accordance with applicable statutes and legal principles.