Statutory Rules.
1922. No. 46.
Regulations 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 first day of April 1922.
(Signed) FORSTER
Governor-General.
By His Excellency’s Command,
(Sgd) S. M. BRUCE
Treasurer.
Amendment of War Gratuity Regulations.
(Statutory Rules 1920, No. 85, as amended to this date).
After regulation 16 of the War Gratuity Regulations the following regulation is inserted:-
“17.-(1) Where the amount of any war gratuity payable under the Act is subject to a deduction under section 7 of the Act, and no deductions are made, but a war gratuity bond is issued for the full amount payable, the Treasurer may require the bond-owner to return the bond to him.
(2) Where a bond is returned in pursuance of the last preceding sub-regulation the Treasurer shall cancel the bond and may issue a new bond for the amount payable less the amounts which are required to be deducted under section 7 of the Act.
(3) If any bond-owner fails, neglects or refuses, when required by the Treasurer in pursuance of this regulation, to return the bond to the Treasurer, he shall be guilty of an offence.
Penalty: Fifty pounds.
(4) In addition to any penalty imposed under the last preceding sub-regulation, the Court imposing the penalty may order the bond-owner to return the bond to the Treasurer, and the Treasurer may, thereupon, proceed as if the bond had been returned in pursuance of sub-regulation (1) of this regulation.”
Overview
Statutory Rules 1922 No. 46, made under the War Gratuity Acts 1920, was introduced to address administrative issues arising from the issuance of war gratuity bonds. Enacted by the Governor-General in Council, these regulations aimed to ensure the accuracy and proper management of war gratuity payments, particularly in instances where deductions should have been applied but were not. The policy objective was to maintain the integrity of the gratuity payment system and to ensure that any discrepancies in the issuance of bonds are rectified effectively. This legislative instrument provided the Treasurer with the authority to request the return of bonds, cancel them, and issue new bonds reflecting the correct amounts, while also imposing penalties for non-compliance to enforce adherence to these provisions.
Scope and Application
The War Gratuity Regulations, as amended, apply to individuals who have been issued a war gratuity bond under the War Gratuity Acts 1920. These regulations govern the administration and management of war gratuity bonds, including the process for bond returns, cancellation, and reissuance. The geographic reach of these regulations extends across the Commonwealth of Australia, encompassing all states and territories. The regulations specify that if no deductions are made from the war gratuity payable, and a full amount bond is issued, the Treasurer has the authority to require the bond-owner to return the bond. Failure to comply with this requirement constitutes an offence, with a penalty of fifty pounds. Additionally, the court may order the bond-owner to return the bond, and the Treasurer can then proceed as if the bond had been returned in accordance with the regulation. The regulations can be further extended or modified through subordinate instruments, ensuring the flexibility to adapt to changing circumstances and needs.
Key Provisions
The War Gratuity Regulations 1922, as amended, introduce new provisions regarding the handling of war gratuity bonds under section 17 (1). This section stipulates that if the full amount of a war gratuity is paid without any deductions and a war gratuity bond is issued for the full amount, the Treasurer has the authority to request the bond-owner to return the bond to them. Upon the return of the bond in accordance with this requirement, the Treasurer must cancel the bond and may issue a new one for the amount payable after deductions as required by section 7 of the Act (sub-regulation 2). Failure to comply with this requirement constitutes an offence under the regulation.
The Regulations impose specific obligations on bond-owners regarding the management and return of their war gratuity bonds. The primary obligation is the requirement to return the bond to the Treasurer when requested, ensuring that any applicable deductions are correctly accounted for. This process ensures that the bond reflects the accurate amount payable after any deductions have been made, maintaining the integrity of the gratuity payment system. Non-compliance with this obligation can result in legal consequences, as detailed further in the regulation.
Under section 17 (3) of the Regulations, any bond-owner who fails, neglects, or refuses to return the bond when required by the Treasurer is deemed to be guilty of an offence. The penalty for such an offence is a fine of fifty pounds, as specified in the regulation (sub-regulation 3). Additionally, the court has the discretion to order the bond-owner to return the bond to the Treasurer, which would then allow the Treasurer to proceed as if the bond had been returned in compliance with sub-regulation (1) (sub-regulation 4). These provisions serve to enforce the accuracy and proper administration of war gratuity payments.