STATUTORY RULES.
1948. No. 139.
REGULATION UNDER THE WAR GRATUITY ACT 1945-1947.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Gratuity Act 1945-1947.
Dated this twenty-seventh day of October, 1948.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
J. B. CHIFLEY
Treasurer.
Amendment of the War Gratuity Regulations 1945.†
Payment of war gratuity before due date.
Regulation 19 of the War Gratuity Regulations 1945 is amended—
(a) by omitting from, sub-regulation (2.) the word “member” and inserting in its stead the word “person”;
(b) by omitting from that sub-regulation the words “the member’s service” and inserting in their stead the words “a member’s service”;
(c) by omitting from that sub-regulation the words and figures “sub-regulation (1.) or of sub-regulation (5.)” and inserting in their stead the word and figures “sub-regulation (1.), (5.), (6.) or (9.)”; and
(d) by adding at the end thereof the following sub-regulations:—
“(8.) Where a member entitled to a war gratuity has, under the Re-establishment and Employment Act 1945, obtained the maximum amount of any loan to enable him to engage in or resume any occupation, business or practice and the authority making the loan certifies that early payment of the whole or any part of the gratuity is urgently required for the occupation, business or practice of the member and will be of substantial benefit to the member, payment in whole or in part may, at the discretion of the prescribed authority, be made at any time after the date of entitlement.
“(9.) 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 a prescribed authority, be made at any time after the date of entitlement if the prescribed authority is satisfied that the gratuity is required to alleviate severe distress or hardship resulting from fire, flood, drought, storm or other natural happening beyond the control of the person entitled to the gratuity.”.
* Notified in the Commonwealth Gazette on , 1948.
† Statutory Rules 1945, No. 176, as amended by Statutory Rules 1940, Nos. 92 and 154; 1947, No. 127; and 1948, No. 66.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3734.—Price 3d. 8/6.9.1948.
Overview
The War Gratuity Regulations 1945 were enacted in 1948 under the authority of the War Gratuity Act 1945-1947, with the intention of addressing the financial hardships faced by Australian service members returning from war. This legislative instrument, issued by the Governor-General in Council, modifies the original regulations to enhance the flexibility of gratuity payments. The key objective of this regulation is to provide timely financial assistance to war veterans facing urgent financial needs, such as those resulting from natural disasters or the necessity to resume a livelihood. This regulation allows for the discretionary early payment of war gratuity under specific circumstances, such as when a veteran has taken out a loan for re-establishment and requires the gratuity for their occupation, or when the gratuity is needed to alleviate distress caused by natural calamities.
Scope and Application
This statutory instrument amends the War Gratuity Regulations 1945 under the War Gratuity Act 1945-1947. The Act applies to members who are entitled to a war gratuity, which typically includes veterans who have served in the Australian Defence Force during wartime. The regulations extend to the Commonwealth jurisdiction, meaning they are applicable nationwide. The amendments address the circumstances under which a war gratuity can be paid before the due date, including where the member has obtained a loan under the Re-establishment and Employment Act 1945 and requires early payment for their occupation, business, or practice, or where the member's gratuity is required to alleviate severe distress or hardship due to natural disasters. The regulation allows prescribed authorities to exercise discretion in making such payments, thereby offering flexibility in exceptional circumstances. These amendments are made to improve the timeliness and effectiveness of war gratuity payments, ensuring that they can be provided when most needed by the recipients.
Key Provisions
The key provisions of the Statutory Rules (1948) No. 139, made under the War Gratuity Act 1945-1947, amend Regulation 19 of the War Gratuity Regulations 1945 in several ways. First, the term "person" is substituted for "member" in sub-regulation (2), broadening the scope of who may be eligible for certain benefits (Regulation 19(2)(a)). Second, the phrase "a member's service" replaces "the member's service," further expanding eligibility criteria (Regulation 19(2)(b)). Third, the references to sub-regulations (1), (5), (6), and (9) are added to the list of applicable provisions (Regulation 19(2)(c)). Finally, two new sub-regulations are introduced. Sub-regulation (8) allows for early payment of war gratuity if the member has obtained a maximum loan under the Re-establishment and Employment Act 1945 and the authority making the loan certifies that such payment is urgently required and beneficial for the member's occupation, business, or practice (Regulation 19(2)(d)(8)). Sub-regulation (9) permits early payment if the prescribed authority is satisfied that the gratuity is needed to alleviate severe distress or hardship caused by natural disasters beyond the control of the person entitled to the gratuity (Regulation 19(2)(d)(9)).
The amended regulations impose specific obligations on the parties involved. The prescribed authority, responsible for administering war gratuities, must now consider the broader eligibility criteria outlined in the new sub-regulations. When a member requests early payment of a war gratuity, the prescribed authority must assess whether the member has obtained a maximum loan under the Re-establishment and Employment Act 1945 and whether the loan authority certifies the need for early payment (Regulation 19(2)(d)(8)). Similarly, for claims related to natural disasters, the prescribed authority must verify that the member is experiencing severe distress or hardship and that the gratuity is required to alleviate such conditions (Regulation 19(2)(d)(9)). These obligations ensure that the prescribed authority exercises discretion judiciously and in accordance with the amended regulations.
Breach of the provisions outlined in the Statutory Rules (1948) No. 139 could lead to civil or criminal consequences, although specific penalties are not stated in the text. The regulations themselves do not outline penalties for non-compliance, which suggests that any enforcement actions would likely be pursued under the broader framework of the War Gratuity Act 1945-1947 or other relevant legislation. Individuals or entities found to be in breach of the amended regulations could face legal action, including fines or other penalties as prescribed by the applicable laws. It is essential for all parties to adhere to the stipulations set forth in the amended regulations to avoid potential legal repercussions.