War Gratuity Act 1947

Legislation au C1947A00041 Not in force Act

Legislation content

WAR GRATUITY.

 

No. 41 of 1947.

An Act to amend the War Gratuity Act 1945.

[Assented to 12th June, 1947.]

[Date of commencement, 10th July, 1947.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the War Gratuity Act 1947.

(2.) The War Gratuity Act 1945 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the War Gratuity Act 1945–1947.

Definitions.

2. Section two of the Principal Act is amended by omitting from paragraph (b) of the definition of “overseas area” the words “date twelve months after the cessation of hostilities” and inserting in their stead the words “thirtieth day of June, One thousand nine hundred and forty-seven”.

Overseas qualifying service.

3. Section seven of the Principal Act is amended by omitting from paragraph (g) of sub-section (1.) the words “date of expiration of the period of twelve months next succeeding the cessation of hostilities “and inserting in their stead the words “thirtieth day of June, One thousand nine hundred and forty-seven”.

General qualifying service.

4. Section nine of the Principal Act is amended by omitting from paragraph (d) of sub-section (1.) the words “date of the expiration of a period of twelve months from the cessation of hostilities” and inserting in their stead the words “thirtieth day of June, One thousand nine hundred and forty-seven”.

Qualifying service does not include certain service.

5. Section ten of the Principal Act is amended by omitting the words “date twelve months after the cessation of hostilities” and inserting in their stead the words “thirtieth day of June, One thousand nine hundred and forty-seven”.


Minimum war gratuity in case of death and total dependency.

6. Section fourteen of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “expiration of the period of twelve months next succeeding the cessation of hostilities” and inserting in their stead the words “first day of July, One thousand nine hundred and forty-seven”; and

(b) by omitting from that sub-section the words “any person or persons specified in sub-section (1.) of section seventeen of this Act was or were” and inserting in their stead the words “the widow or widower, or a child, parent, stepparent, foster-parent or dependant of the member was”.

Date of entitlement.

7. Section eighteen of the Principal Act is amended—

(a) by omitting from paragraph (b) the words “date twelve months after the cessation of hostilities” and inserting in their stead the words “first day of July, One thousand nine hundred and forty-seven”;

(b) by omitting from the first proviso the words “, but not later than twelve months, after the cessation of hostilities” and inserting in their stead the words “after the cessation of hostilities, but not later than the first day of July, One thousand nine hundred and forty-seven”; and

(c) by omitting from the second proviso the words “date twelve months after the date of cessation of hostilities” and inserting in their stead the words “first day of July, One thousand nine hundred and forty-seven”.

Interest on war gratuity.

8. Section twenty-seven of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “sub-sections (2.) and (3.) of”; and

(b) by inserting at the end thereof the following sub-section:—

“(4.) Where a member who has performed general qualifying service prior to the date twelve months after the cessation of hostilities is serving as a member on that date interest on the war gratuity to which he is entitled shall be credited on the amount of war gratuity accrued at that date for the period from that date to the date of entitlement, and the amount of interest so credited shall be added to the war gratuity and be deemed to be part of it.

“(5). Where a member who has performed general qualifying service prior to the date twelve months after the cessation of hostilities re-enlists as a member after that date, interest shall be credited on the amount of war gratuity to which he is entitled prior to such re-enlistment for the period from the date on which he was previously


entitled to be credited with war gratuity to the date of entitlement, and the amount of interest so credited shall be added to the war gratuity and be deemed to be part of it.”.

9. After section thirty-two of the Principal Act the following section is inserted:—

Delegation.

“33.—(1.) The Minister may, by writing under his hand, delegate to any person all or any of his powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.

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

 

Overview

The War Gratuity Act 1947 was enacted by the Parliament of Australia to amend the War Gratuity Act 1945, addressing the need to adjust various time-related provisions in light of the cessation of hostilities in World War II. This legislation was introduced to ensure that the benefits provided under the Act were applicable and timely for the veterans who served during the war. The primary policy objective was to extend the eligibility period for war gratuity and related benefits for service members and their dependents, ensuring that the support was available to those who needed it the most, particularly in light of the extended period of service and the delayed cessation of hostilities. The Act specifies the new dates for various entitlements, including the period for qualifying service and the date of entitlement for benefits, all set to the thirtieth day of June, One thousand nine hundred and forty-seven.

Scope and Application

The War Gratuity Act 1947 amends the War Gratuity Act 1945, extending its provisions to encompass new qualifying criteria and timelines for service members who were active both overseas and domestically. This legislation applies to individuals who have served in the military, particularly those who were active during and after World War II, up until 30 June 1947. The Act modifies the definition of "overseas area," extends qualifying service periods, and adjusts the minimum war gratuity for cases of death and total dependency, ensuring these benefits are applicable to those who served up to the specified date. Geographically, the Act applies nationwide as it is a Commonwealth Act. The Act does not explicitly state exclusions, but it does provide for delegation of powers to the Minister, enabling the implementation of its provisions through subordinate instruments, which could further define the scope and administration of war gratuity benefits.

Key Provisions

The War Gratuity Act 1947, which amends the War Gratuity Act 1945, introduces several key provisions that alter the criteria and timelines for war gratuities. The Act primarily modifies various definitions and qualifying periods, such as the definition of "overseas area" in section 2, and the qualifying service periods under sections 3, 4, and 5. These amendments change the eligibility criteria for war gratuities by extending the period for qualifying service and dependency claims to 30 June 1947 instead of the previous twelve months after the cessation of hostilities. Section 6 adjusts the minimum war gratuity payable in case of death and total dependency, and section 7 modifies the date of entitlement for war gratuity claims. Additionally, section 8 introduces new provisions for interest on war gratuity for certain members who have performed general qualifying service. The Act imposes specific obligations on the parties it governs, including the Minister, who has the authority to delegate powers and functions under section 33. This delegation allows for the administration and implementation of the Act's provisions to be carried out by specified individuals or entities. Furthermore, the Act requires claimants to meet the amended eligibility criteria and submit their claims within the newly defined timelines to be entitled to war gratuity benefits. For breaches of the provisions outlined in the War Gratuity Act 1947, there are potential civil and criminal consequences. While the Act does not explicitly state specific penalties, breaches of legislative provisions related to war gratuity claims could result in legal actions, fines, or other sanctions under general legislative enforcement mechanisms. The severity of penalties would depend on the nature and extent of the breach, as well as any applicable laws or regulations governing such actions.

Legal classification tags

Area of Law
Military Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Delegation
Interest on war gratuity

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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.