War Gratuity Act (No. 2) 1920

Legislation au C1920A00017 Not in force Act

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WAR GRATUITY (No. 2).

 

No. 17 of 1920.

An Act to amend the War Gratuity Act 1920.

[Assented to 29th May, 1920.]

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 (No. 2) 1920.

(2.) The War Gratuity Act 1920 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 Acts 1920.

Definitions.

2. Section two of the Principal Act is amended—

(a) by inserting in the definition of “Dependants”, after the word “Forces” (first occurring), the words “or an Imperial Reservist”;

(b) by adding at the end of that definition the words “or, in the case of a dependant of an Imperial Reservist, was so wholly or partly dependent at any time after or within twelve months before the date of the embarkation of the Imperial Reservist (or the first of them, if more than one)”; and

(c) by adding at the end of the definition of “Member of the Forces” the following paragraph:—

“or (c) a person who is or was a member of the Naval and Military Expeditionary Force to New Guinea;”.

Payment of war gratuity.

3. Section three of the Principal Act is amended by inserting in paragraph (e) (i) of sub-section (1.) thereof after the word “oversea,”, the words “or joined an Australian Expeditionary Force abroad on or before that date,”.

Rate of war gratuity.

4. Section four of the Principal Act is amended—

(a) by adding, at the end of sub-section (2.), the following proviso:—

“Provided that in the case of a person specified in paragraph (6) or (e) (ii) of that sub-section, who died while on service, or who is totally and permanently incapacitated as a result of such service, the rate of war gratuity payable shall be one shilling and sixpence per diem.”; and


(b) by omitting from sub-section (5.) the words “who was transferred from the Commonwealth Naval or Military Forces to”, and inserting in their stead the words “who, after service in the Commonwealth Naval or Military Forces, served in”.

Qualifying period of war service.

5. Section five of the Principal Act is amended—

(a) by inserting after the words “member of the Forces” (wherever occurring) the words “or an Imperial Reservist”;

(b) by inserting in paragraph (b) of sub-section (1.), after the word “three”, the words “, not being a person who died while on service or who is totally and permanently incapacitated as a result of such service”;

(c) by inserting, after paragraph (b) of sub-section (1.), the following paragraph:—

“(bb) in the case of a person specified in paragraph (b) of sub-section (1.) of section three, who died while on service or who is totally and permanently incapacitated as a result of such service—the period from the fourth day of August, One thousand nine hundred and fourteen, or the date of his appointment or enlistment (whichever is the later), up to the twenty-eighth day of June, One thousand nine hundred and nineteen;”;

(d) by inserting in paragraph (d) of sub-section (1.) after the word “nineteen”, the words “, or, in the case of a person who joined an Australian Expeditionary Force abroad, the period from the date of his enlistment in or appointment to that Force, up to the twenty-eighth day of June, One thousand nine hundred and nineteen”.

(e) by inserting in paragraph (e) of sub-section (1.). after the word “three”, the words “, not being a person who died while on service or who is totally and permanently incapacitated as a result of such service”;

(f) by inserting, after paragraph (e) of sub-section (1.), the following paragraph:—

“(ee) in the case of a person specified in paragraph (e) (ii) of sub-section (1.) of section three, who died while on service or who is totally and permanently incapacitated as a result of such service—the period from the date upon which he reported in camp up to the twenty-eighth day of June, One thousand nine hundred and nineteen; and”;

(g) by inserting in paragraph (a) of sub-section (3.), after the word “discharged”, the words “or died while on service”;

(h) by inserting in paragraph (a) of sub-section (3.), after the word “discharge”, the words “or death”;


(i) by inserting in paragraph (c) of sub-section (3.), after the words “the member” (wherever occurring), the words “or Imperial Reservist, as the case may be,”;

(j) by omitting paragraph (e) of sub-section (3.); and

(k) by inserting in paragraph (a) of sub-section (4.), after the word “three”, the words “, not being a person who died while on service or who is totally and permanently incapacitated as a result of such service”.

Acceptance of bonds by Repatriation Department or War Service Homes Commission.

6. Section fifteen of the Principal Act is amended by omitting the words “or the War Service Homes Act 1918-1919”, and inserting in their stead the words “or in payment of moneys by that person to the War Service Homes Commissioner for the purposes of the War Service Homes Act 1918-1919.”.

Gratuity and interest not liable to income tax.

7. Section eighteen of the Principal Act is amended by inserting, after the words “to be”, the words “property or”.

Regulations.

8. Section twenty of the Principal Act is amended by adding at the end thereof the following words “, and in particular—

(a) for conferring upon the prescribed authority powers in relation to the summoning of witnesses, the taking of evidence on oath, and the production of documents, and

(b) for providing penalties, not exceeding Fifty pounds, for any failure to comply with any requirement made by a prescribed authority in the exercise of any such powers.”

Overview

The War Gratuity (No. 2) Act 1920 was enacted to amend the War Gratuity Act 1920, addressing issues that had arisen in the provision of war gratuities to service personnel and their dependants. This Act was introduced by the Parliament of the Commonwealth of Australia with the policy objective of ensuring that war gratuities were fairly and comprehensively awarded to those who had served in or were affected by World War I. The amendments included in this Act expanded the categories of individuals eligible for war gratuities, clarified the qualifying periods for war service, and adjusted the rates of war gratuity payable under certain conditions. This legislative effort aimed to provide more inclusive and equitable support to those who had contributed to the war effort. The War Gratuity (No. 2) Act 1920 introduced by the Australian Parliament sought to rectify and enhance the provisions of the War Gratuity Act 1920. This legislation extended eligibility for war gratuities to additional categories of service personnel, including Imperial Reservists and members of the Naval and Military Expeditionary Force to New Guinea. The Act also revised the qualifying periods for war service and adjusted the rates of war gratuity for specific circumstances, such as death or total and permanent incapacitation during service. These amendments were designed to ensure that all eligible individuals received appropriate financial support in recognition of their contributions during World War I.

Scope and Application

The War Gratuity Act (No. 2) 1920 applies to individuals who served in the military or were members of the Imperial Reservist, including their dependants, and extends to those who were members of the Naval and Military Expeditionary Force to New Guinea. The Act amends the War Gratuity Act 1920 and specifies that it applies to members of the Forces and Imperial Reservists, including those who died while on service or were totally and permanently incapacitated as a result of their service. The Act's jurisdiction is federal, as it is enacted by the Commonwealth of Australia, and it applies nationwide. The Act provides for the payment of war gratuity, the rate of which is set at one shilling and sixpence per diem for certain individuals who died on service or were totally and permanently incapacitated. The Act also establishes the qualifying period of war service and includes provisions for the acceptance of bonds by the Repatriation Department or War Service Homes Commission. Importantly, the Act specifies that the gratuity and interest thereon are not liable to income tax. The Act allows for the making of regulations, including those conferring powers on prescribed authorities and setting penalties for non-compliance. This Act is a comprehensive legislative amendment that refines and expands the criteria and provisions for war gratuity payments to military personnel and their dependants, ensuring that those who served and their families receive the necessary support and recognition. The Act's application is broad, covering various military roles and situations, and it operates within the federal legislative framework of Australia.

Key Provisions

The War Gratuity (No. 2) Act 1920 amends the War Gratuity Act 1920, which is referred to as the Principal Act (sections 1(2) and 1(3)). It introduces several key changes to the eligibility criteria and payment provisions for war gratuities. Firstly, the definition of "Dependants" (section 2(a)) is expanded to include those who were dependent on an Imperial Reservist either at any time after or within twelve months before the date of their embarkation. Additionally, the definition of "Member of the Forces" (section 2(c)) is extended to include those who were members of the Naval and Military Expeditionary Force to New Guinea. The Act further modifies the payment of war gratuity by including those who joined an Australian Expeditionary Force abroad on or before a specified date (section 3). It also adjusts the rate of war gratuity payable to one shilling and sixpence per diem for certain individuals who died while on service or were totally and permanently incapacitated as a result of their service (section 4(a)). Moreover, the qualifying period of war service is altered to include Imperial Reservists and those who served in the Australian Expeditionary Forces, with specific timeframes defined for those who died or were incapacitated (section 5). Entities governed by the Act, such as the Repatriation Department and War Service Homes Commission, must accept bonds or payments made by individuals for the purposes of the War Service Homes Act 1918-1919 (section 6). The Act also specifies that war gratuities and the interest thereon are not liable to income tax (section 7). It mandates that the Act be subject to regulations that may include the summoning of witnesses, taking evidence on oath, and producing documents, with penalties not exceeding Fifty pounds for any failure to comply (section 8). Breaches of the Act's provisions, particularly those related to the failure to comply with regulatory requirements, may result in civil penalties up to Fifty pounds (section 8). There are no explicit criminal offences or penalties outlined in the Act, but the failure to adhere to regulatory provisions could lead to enforcement actions under the relevant statutory authorities.

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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.