War Gratuity Appropriation Act 1948
Act No. 53 of 1948 as amended
[Note: This Act was repealed by Act No. 8 of 2005 on 22 February 2005]
This compilation was prepared on 16 October 2000
taking into account amendments up to Act No. 36 of 1978
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 War Gratuity Trust Account
3 Payment of moneys from certain trust accounts to Consolidated Revenue Fund
4 Appropriation of certain sums for war gratuities
Notes
An Act to establish a War Gratuity Trust Account, to provide for the Payment of Moneys to the credit of that Account, and for other purposes
Preamble
WHEREAS the Import Procurement Suspense Trust Account, the Marine War Risks Insurance Trust Account, the Overseas Shipping Trust Account and the War Damage Fund are Trust Accounts within the meaning of section sixty‑two A of the Audit Act 1901‑1947:
AND WHEREAS the moneys standing to the credit of the said Accounts are more than sufficient to meet the purposes for which those Accounts were established:
AND WHEREAS it is desirable that the moneys in excess of the requirements of the said Accounts shall be made available for the purpose of the payment of war gratuities under the War Gratuity Act 1945‑1947:
AND WHEREAS it is desirable to establish a Trust Account to which the said moneys may be credited and from which the said war gratuities may be paid:
BE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:
1 Short title [see Note 1]
This Act may be cited as the War Gratuity Appropriation Act 1948.
2 War Gratuity Trust Account
(1) There shall be a War Gratuity Trust Account which shall be administered by the Minister for Finance and which shall be a trust account within the meaning of section sixty‑two A of the Audit Act 1901‑1947.
(2) Moneys standing to the credit of the War Gratuity Trust Account shall be applied in the payment of war gratuities under the War Gratuity Act 1945‑1947.
3 Payment of moneys from certain trust accounts to Consolidated Revenue Fund
There shall be paid to the Consolidated Revenue Fund:
(a) out of the Import Procurement Suspense Trust Account—the sum of Four million pounds;
(b) out of the Marine War Risks Insurance Trust Account—the sum of Four million five hundred thousand pounds;
(c) out of the Overseas Shipping Trust Account—the sum of Three million pounds; and
(d) out of the War Damage Fund—the sum of Five million five hundred thousand pounds.
4 Appropriation of certain sums for war gratuities
(1) There shall be payable out of the Consolidated Revenue Fund, which, to the necessary extent, is hereby appropriated accordingly, for the purposes of the War Gratuity Trust Account established under section two of this Act:
(a) the sum of One million four hundred and twenty thousand four hundred and thirty pounds; and
(b) the sum of Twenty‑two million pounds.
(2) There shall be credited to the War Gratuity Trust Account such further sums as are provided by the Parliament for the purposes of that Account.
Notes to the War Gratuity Appropriation Act 1948
Note 1
The War Gratuity Appropriation Act 1948 as shown in this compilation comprises Act No. 53, 1948 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
War Gratuity Appropriation Act 1948 | 53, 1948 | 25 Nov 1948 | 23 Dec 1948 | |
Administrative Changes (Consequential Provisions) Act 1978 | 36, 1978 | 12 June 1978 | 12 June 1978 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 2................................... | am. No. 36, 1978 |
Overview
The War Gratuity Appropriation Act 1948, Act No. 53 of 1948 as amended, was enacted by the Australian Parliament to address the issue of surplus funds in various trust accounts that were no longer required for their original purposes. The Act was designed to repurpose these funds to provide war gratuities to eligible recipients under the War Gratuity Act 1945-1947. This legislation established a War Gratuity Trust Account, to which specific sums from the Import Procurement Suspense Trust Account, the Marine War Risks Insurance Trust Account, the Overseas Shipping Trust Account, and the War Damage Fund were to be transferred. These funds were then to be used for the payment of war gratuities. The Act was repealed by the Appropriation (War Gratuity Trust Account) Act 2005 on 22 February 2005.
Scope and Application
The War Gratuity Appropriation Act 1948 establishes a War Gratuity Trust Account, administered by the Minister for Finance, intended for the payment of war gratuities under the War Gratuity Act 1945-1947. This Act applies to the Commonwealth of Australia, specifically focusing on the transfer of funds from various trust accounts to the Consolidated Revenue Fund, and subsequently from the Consolidated Revenue Fund to the War Gratuity Trust Account. The Act identifies four specific trust accounts from which funds are to be transferred: the Import Procurement Suspense Trust Account, the Marine War Risks Insurance Trust Account, the Overseas Shipping Trust Account, and the War Damage Fund. These funds are designated for the purpose of war gratuities, ensuring that surplus funds from these accounts are utilised effectively for this end. The Act also outlines the specific sums to be transferred from these accounts to the Consolidated Revenue Fund and subsequently to the War Gratuity Trust Account, with additional appropriations to be made by Parliament as required. The Act's application is limited to the Commonwealth, with no explicit exclusions or exemptions noted within the text, although its effectiveness is contingent upon the existence and management of the specified trust accounts.
Key Provisions
The War Gratuity Appropriation Act 1948 (sections 2, 3, and 4) establishes a War Gratuity Trust Account to be administered by the Minister for Finance. This trust account will hold moneys that will be used to pay war gratuities under the War Gratuity Act 1945-1947. The Act mandates the transfer of specific sums from various trust accounts—the Import Procurement Suspense Trust Account, Marine War Risks Insurance Trust Account, Overseas Shipping Trust Account, and War Damage Fund—to the Consolidated Revenue Fund. Specifically, it requires the payment of £4 million from the Import Procurement Suspense Trust Account, £4.5 million from the Marine War Risks Insurance Trust Account, £3 million from the Overseas Shipping Trust Account, and £5.5 million from the War Damage Fund. Additionally, it appropriates £1,420,430 and £22 million from the Consolidated Revenue Fund to the War Gratuity Trust Account, with provision for further sums to be credited as decided by Parliament.
The Act imposes specific obligations on the Minister for Finance and other relevant authorities. It mandates the establishment and administration of the War Gratuity Trust Account, ensuring that the moneys held within it are exclusively used for the payment of war gratuities. Furthermore, it requires the transfer of specified sums from the mentioned trust accounts to the Consolidated Revenue Fund and the subsequent appropriation of funds from the Consolidated Revenue Fund to the War Gratuity Trust Account. The Act also provides for the inclusion of additional sums as determined by Parliament, ensuring the account has the necessary funds to meet its obligations.
Breaches of the Act may have significant legal consequences. While the Act itself does not explicitly state penalties for non-compliance, general principles of administrative law and the specific provisions of related Acts may apply. Non-compliance with the Act's requirements could lead to legal challenges, administrative penalties, or other repercussions as prescribed under relevant Australian laws. Given that the Act was repealed by the Acts Interpretation Act 1901 (No. 8 of 2005) on 22 February 2005, any current obligations or penalties would need to be considered in light of the current legislative framework and any transitional provisions that may apply.