STATUTORY RULES.
1948. No. .
REGULATION UNDER THE WAR GRATUITY ACT 1945-1947.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of he Federal Executive Council, hereby make the following Regulation under the War Gratuity Act 1945-1947.
Dated this ninth day of June, 1948.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Treasurer.
Amendment of the War Gratuity Regulations 1945.†
Payment of War Gratuity before due date.
1. Regulation 19 of the War Gratuity Regulations 1945 is amended by adding at the end thereof the following sub-regulations:—
“ (6.) Where a war gratuity is credited in the Register to the account of any person, payment in whole or in part may, at the discretion of the Central Board, be made at any time after the date of entitlement if the Board is satisfied that that person may be unable to receive the benefit of the gratuity if payment is not made before the duo date of payment.
“ (7.) Where a person entitled to a war gratuity dies on or after the date of entitlement and a prescribed authority is satisfied that any person is experiencing hardship resulting from the incidence of the funeral expenses or debts of the deceased, payment of an amount of the war gratuity not exceeding the amount of those expenses or debts may be made to the estate of the deceased at any time after the date of entitlement.’.
* Notified in the Commonwealth Gazette on , 1948.
† Statutory Rules 1945, No. 176, as amended by Statutory Rules 1946, Nos. 92 and 154; and 1947, No. 127.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
586.—Price 3d. 8/30.1.1948.
Overview
The War Gratuity Regulations 1948 were introduced under the authority of the War Gratuity Act 1945-1947, enacted by the Parliament of Australia, to address the need for flexible payment provisions for war gratuities. This legislative instrument was designed to ensure that veterans and their families could receive timely payments, particularly in cases of urgency or hardship. The Regulations amend the earlier War Gratuity Regulations 1945, granting the Central Board the discretion to make payments before the due date if it is evident that the recipient may be unable to benefit from the gratuity otherwise. Furthermore, they allow for the payment of a portion of the war gratuity to cover funeral expenses or debts of a deceased veteran if it is determined that a dependent is experiencing financial hardship. The policy objective behind these amendments is to provide greater flexibility and support to those in need, ensuring that the benefits of the War Gratuity Act are accessible and timely.
Scope and Application
The War Gratuity Regulations 1948, made under the War Gratuity Act 1945-1947, apply to individuals who are entitled to a war gratuity, as well as their estates, and extend to the Commonwealth of Australia. These regulations primarily govern the payment of war gratuities, offering flexibility to the Central Board in circumstances where a gratuity is credited to an individual's account. Specifically, the Board may opt to make payments before the due date if it is determined that the recipient might be unable to benefit from the gratuity otherwise. Furthermore, if an individual who is entitled to a gratuity dies after the date of entitlement, the regulations permit the payment of a portion of the gratuity to cover funeral expenses or debts if the prescribed authority deems that such payment will alleviate financial hardship. The regulations amend the War Gratuity Regulations 1945 by adding provisions that extend the discretion of the Central Board in relation to the timing of payments and the allocation of funds towards funeral expenses.
Key Provisions
The primary operative sections of this regulation pertain to the War Gratuity Regulations 1945, with specific amendments to Regulation 19. According to Regulation 19(6), the Central Board has the discretion to make payments of war gratuity to individuals in whole or in part before the due date if it is determined that the person may be unable to receive the benefit of the gratuity if payment is delayed until the due date. This provision allows for flexibility in the payment schedule to accommodate urgent circumstances that may arise. Regulation 19(7) extends this discretion to situations where a person entitled to a war gratuity dies on or after the date of entitlement. Here, if a prescribed authority is satisfied that any person is experiencing hardship due to funeral expenses or debts of the deceased, the Board may pay an amount of the war gratuity, not exceeding the amount of those expenses or debts, to the estate of the deceased at any time after the date of entitlement.
The regulation imposes several obligations and requirements on the Central Board and prescribed authorities. The Central Board is tasked with determining whether an individual may be unable to receive the benefit of the gratuity if payment is delayed and must exercise this discretion responsibly. When a person dies on or after the date of entitlement, the prescribed authority must assess whether any person is experiencing hardship due to funeral expenses or debts of the deceased. Both the Central Board and prescribed authorities must ensure that any payments made under these provisions are justified and within the stipulated limits.
Failure to comply with the requirements of this regulation can result in various consequences. The regulation does not explicitly state the penalties or consequences for non-compliance, but it can be inferred that any improper or unauthorised payments made by the Central Board or prescribed authorities could lead to legal scrutiny or potential recovery of funds. Additionally, there may be administrative or financial repercussions for entities involved in the mismanagement or improper use of war gratuity funds. Although the regulation does not specify maximum penalties, breaches of such trust and discretion could attract penalties under broader administrative or financial misconduct provisions within the War Gratuity Act 1945-1947 or related legislation.