STATUTORY RULES.
1922. No. 43.
REGULATION UNDER THE WAR GRATUITY ACTS 1920.
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 Acts 1920, to come into operation forthwith.
Dated this 22nd day of March 1922.
(Signed) Forster
Governor-General.
By His Excellency’s Command,
S. M. BRUCE
Treasurer.
Amendment of War Gratuity Regulations.
(Statutory Rules 1920, No. 85, as amended to this date.)
Regulation 13 of the War Gratuity Regulations is repealed, and the following regulation inserted in its stead:—
Payment of war gratuity in error or excess of amount payable.
“13.—(1.) Where before or after the commencement of this regulation, cash has been paid, or War Gratuity Bonds have been issued—
(a) to any person to whom war gratuity is not payable; or
(b) to any person to whom war gratuity is payable, to or for a greater amount than the amount of war gratuity payable to that person,
that person shall not be entitled to retain the cash wrongly paid or the bonds issued, as the case may be; but shall, when required by the Secretary to the Treasury, forthwith return to the Secretary to the Treasury the cash wrongly paid or the bonds, and any bonds so issued shall be forthwith cancelled, and, in the case of a person to whom war gratuity is payable, a fresh bond for the amount of war gratuity payable issued in its stead.
(2.) Any person who, when required so to do in pursuance of the last preceding sub-regulation, refuses or fails to return any cash or bonds shall be guilty of an offence against these Regulations.
Penalty: Fifty pounds.
(3.) Any person convicted under this regulation may, in addition to the penalty imposed for the offence, be ordered by the Court to return to the Secretary to the Treasury any cash or bonds required to be returned in Pursuance of sub-regulation (1.) of this regulation.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The War Gratuity Regulations 1922 were enacted to amend existing regulations under the War Gratuity Acts 1920, specifically addressing instances where war gratuity payments had been made erroneously or in excess of the amount payable. The War Gratuity Acts 1920 were designed to provide financial assistance to members of the military and their families who were affected by the consequences of war. These Acts, enacted by the Parliament of Australia, aimed to provide a form of recognition and support for those who had served in the armed forces, particularly those who were injured, incapacitated, or had lost their lives during wartime. The Regulations 1922 were made by the Governor-General in accordance with the advice of the Federal Executive Council, to ensure that the administration of war gratuity payments was managed effectively and fairly, thereby fulfilling the policy objective of correcting any payment errors to maintain the integrity of the gratuity system.
Scope and Application
The War Gratuity Regulations 1922, made under the authority of the War Gratuity Acts 1920, establish specific provisions concerning the payment and recovery of war gratuities. These regulations apply to any person who has received war gratuity in error or in an amount exceeding what they are entitled to, whether before or after the commencement of these regulations. The geographic reach of this legislation is nationwide, as it pertains to the Commonwealth of Australia and applies to any individual within its jurisdiction who has received war gratuity erroneously or in excess. The regulation stipulates that any cash or War Gratuity Bonds received in error or in excess must be returned to the Secretary to the Treasury upon request, and failure to do so constitutes an offence. The penalties for such an offence include a fine of fifty pounds and an order to repay any wrongly received funds. The regulation also allows for the cancellation of incorrectly issued bonds and the issuance of new bonds for the correct amount of war gratuity owed.
Key Provisions
The primary operative sections of this regulation, specifically Regulation 13, mandate that any cash payments or War Gratuity Bonds issued in error, or in excess of the amount payable, must be returned to the Secretary to the Treasury. This applies whether the payment was made before or after the commencement of this regulation (13(1)). In such cases, the person who received the payment must return the wrongly paid cash or the issued bonds when requested. The bonds will then be cancelled, and in the case of an eligible person, a new bond for the correct amount will be issued (13(1)). This regulation is clear that any individual who fails to return the wrongly paid cash or bonds when requested is committing an offence under these Regulations (13(2)).
Under this Act, any person who has received war gratuity payments that are not owed to them, or are in excess of what is owed, has an obligation to return these funds to the Secretary to the Treasury. This obligation arises when the Secretary to the Treasury requests the return of the wrongly paid cash or bonds. The obligation extends to the immediate return of the funds or bonds to ensure the proper administration of the war gratuity scheme. Additionally, the person is required to comply with any further instructions given by the Secretary to the Treasury, such as the issuance of a new bond for the correct amount if applicable (13(1)).
Breach of this regulation constitutes an offence, and the penalty for such an offence is a fine of fifty pounds (13(2)). Any person convicted under this regulation may also be ordered by the Court to return any cash or bonds required to be returned in pursuance of sub-regulation (1). This means that not only is there a financial penalty, but the court may also compel the individual to physically return the funds or bonds. The court’s order would reinforce the obligation to return the incorrectly paid war gratuity, ensuring that the funds are correctly accounted for within the scheme.