War Gratuity Regulations

STATUTORY RULES.

1920. No. 85.

REGULATIONS UNDER THE WAR GRATUITY ACT 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 Regulations under the War Gratuity Act 1920, to come into operation forthwith.

Dated this nineteenth day of May, 1920.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

JOSEPH COOK,

For the Treasurer.

War Gratuity Regulations.

Short title.

1. These Regulations may be cited as the War Gratuity Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Central Board” means the Central War Gratuity Board, appointed under these Regulations;

“subordinate Board” means a subordinate Board appointed under these Regulations; and

“the Act” means the War Gratuity Act 1920.

Prescribed authority Central War Gratuity Board.

3. (1.) Subject to these Regulations, the prescribed authority for the purposes of the Act shall consist of a Central Board and such subordinate Boards as are appointed under these Regulations.

(2.) The members of the Central Board and subordinate Boards shall be appointed by the Governor-General and shall hold office during the pleasure of the Governor-General, and shall receive such remuneration as is fixed by the Governor-General.

(3.) In the event of any member of any such Board being absent through illness, the Governor-General may appoint a person to be the Deputy of that member to have and exercise all the powers and functions of that member during his absence.

(4.) The Governor-General may appoint a member of each Board to be the Chairman of that Board.

Duty of Central Board.

4. With a view to insuring uniformity in the determination by subordinate Boards of matters arising under the Act, the Central Board shall be charged with the duty of directing the procedure to be followed by subordinate Boards in the exercise of their powers under the Act, and of laying down principles and giving rulings and interpretations to be observed by those Boards.

Powers of subordinate Boards.

5.—(1.) Each subordinate Board shall exercise such of the powers of the prescribed authority as the Governor-General from time to time directs.

(2.) A subordinate Board shall refer to the Central Board any case or class of case which the Central Board directs shall be referred to it, and may refer any question to the Central Board for a decision or ruling.

(3.) A subordinate Board may at its discretion grant leave, in writing, to an applicant for war gratuity to appeal from its decision to the Central Board.

Power to call evidence.

6. The Central Board and any subordinate Board may, in relation to any matter which comes before it in pursuance of the Act or these Regulations—

(a) summon witnesses;

(b) take evidence on oath; and

(c) require the production of documents, books and papers.

Payment in case of death of person to whom war gratuity payable.

7. Where a person to whom a war gratuity would have been payable has died before payment of the gratuity, and the prescribed authority is of opinion that the payment of the war gratuity to the persons mentioned in sub-section (1.) of section 9 of the Act would entail serious hardship on any other person or would be inequitable, the prescribed authority may approve of payment of the war gratuity to persons other than those mentioned in sub-section (1.) of section 9 of the Act.

Registry of War Gratuity Bonds.

8. There shall be a Registry of War Gratuity Bonds in Sydney, Melbourne, Brisbane, Adelaide, Perth and Hobart.

Registrars of War Gratuity Bonds.

9. The Governor-General may appoint such Registrars of War Gratuity Bonds as he thinks necessary.

Registers of War Gratuity Bonds.

10. Registers of War Gratuity Bonds, in accordance with Forms 1, 2 and 3 in the Schedule shall be kept by each Registrar.

Preparation of War Gratuity Bonds.

11. Treasury Bonds, with coupons attached, for the payment of war gratuity may be prepared in accordance with Forms 4, 5 and 6 in the Schedule, and shall be known as War Gratuity Bonds.

Issue of War Gratuity Bonds.

12.—(1.) War Gratuity Bonds prepared in accordance with Forms 4, 5, and 6 in the Schedule, shall be issued, and the amount thereof and interest thereon shall be payable, in accordance with the conditions which are set out in Forms 4, 5 and 6 respectively in the Schedule.

(2.) The conditions shall be printed on the back of the Bond.

Payment of War Gratuity in error.

13. Where cash is paid, or Treasury Bonds are issued, under the Act to any person to whom war gratuity is not payable, that person shall not be entitled to retain the cash or Bonds, but shall forthwith return to the Secretary to the Treasury the cash so paid or Bonds so issued, and any Bonds so issued shall be forthwith cancelled.

Modification of Commonwealth Inscribed Stock Act 1911-1918.

14. The provisions of the Commonwealth Inscribed Stock Act 1911-1918 to the extent to which they are inconsistent with the provisions of the Act or these Regulations, are hereby modified and adapted accordingly.

THE SCHEDULE.

Form No. 1.]

REGISTER OF WAR GRATUITY BONDS—MEMBERS OF THE FORCES.

Interest Payments.

Form No. 2.]

REGISTER OF WAR GRATUITY BONDS—DEPENDANTS AND RELATIVES.

Interest Payments.

Form No. 3.]

REGISTER OF WAR GRATUITY BONDS—TRANSFEREES.

Interest Payments.

Form No. 4.

[Front of Bond.]

Commonwealth of Australia.

WAR GRATUITY BOND.

£ This Bond entitles

formerly

to payment of

in accordance with conditions on back hereof.

Secretary to the Treasury.

Form No. 4.

[Back of Bond.]

CONDITIONS OF THIS WAR GRATUITY BOND.

1. This Bond is payable and is of value only to the person to whom it was issued, or to an approved transferee. It is not negotiable, and, except with the consent in writing of the Secretary to the Treasury, is not transferable.

2. The Secretary to the Treasury will give his consent to the transfer of this Bond by the person to whom it was issued—

(a) if he is satisfied that—

(i) the person to whom the Bond was issued has received from the transferee the full face value of the Bond plus interest accrued to the date of transfer, and

(ii) the transferee is the bonâ fide employer of the person to whom the Bond was issued, or is a trader, house and land agent, bank, or insurance company approved by the Secretary to the Treasury, or any other person, firm, company, society, or association approved by the Secretary to the Treasury; or

(b) if the Secretary to the Treasury has approved of the acceptance of the Bond by a bank, insurance company, or other company, society, or association as security for an advance.

3. The Secretary to the Treasury will not consent to the transfer of this Bond by any person, firm, company, society, or association to whom or which it is transferred (in this condition referred to as “the transferee”) unless—

(a) he is satisfied that refusal to consent to the transfer would entail serious hardship on the transferee; or

(b) the transferee is a co-operative company approved by the Treasurer of the Commonwealth.

4. Where the Secretary to the Treasury has consented, in pursuance of either of the last two preceding conditions, to the transfer of this Bond, a new Bond will be issued to and in the name, of the approved transferee.

5. Except with the consent in writing of the Secretary to the Treasury, no interest in this Bond shall be alienable, whether by way of or in consequence of sale, assignment, charge, execution, insolvency, or otherwise howsoever.

6. Interest on this Bond, at the rate of 5¼ per centum per annum from the 15th March, 1920, shall be payable to the bond-owner annually, on the 15th March in each year up to the date of redemption of the Bond, at any Money Order Post-office or at any Branch of the Commonwealth Bank, on presentation of the Bond with the relative coupon attached. The balance of interest to the 31st May, 1924, shall be payable on maturity of the Bond.

7. The amount of this Bond or any interest paid or payable thereon shall not be liable to income tax under any law of the Commonwealth or a State, and shall not be deemed to be property or income for the purpose of the Invalid and Old-age Pensions Act 1908-1919 or the War Pensions Act 1914-1916.

8. Unless redeemed earlier, this Bond shall be payable on the 31st May, 1924, at the Commonwealth Treasury, at Sydney, Melbourne, Brisbane, Adelaide, Perth, or Hobart.

9. This Bond shall be accepted at its face value, plus interest accrued to the date of the surrender of the Bond, in repayment of any moneys due by the person to whom it was issued, under the Australian Soldiers’ Repatriation Act 1917-1918 or the War Service Homes Act 1918-1919.

Directions to Bond-owners and Transferees.

1. A member of the Forces who has married since discharge, or a person (except a transferee) who is the owner of a Bond and who is found by the prescribed authority to be in necessitous circumstances, is entitled to payment of the Bond in cash. Applications for cash payment should be addressed to the Registrar of War Gratuity Bonds, at the Commonwealth Sub-Treasury, in the capital city of the State in which the applicant resides.

2. A person who desires to use a Bond in repayment of moneys due to a State Government in connexion with land settlement should apply to the State Government concerned.

3. Forms of application for transfers or for cash payments may be obtained at the Commonwealth Sub-Treasury in any capital city. Any change of address of a bond-owner should be notified to the Sub-Treasury.

Endorsement of Transfer of Bond.

I,          do hereby transfer this Bond to                                                                                                  , and I hereby acknowledge that I have received from the said transferee the sum of                                                                      pounds                                                                                                   shillings and                                                        pence representing the full face value of this Bond plus interest accrued to this date.

Date

Signature of transferror.

In accordance with Condition No. 6 above, interest on this Bond is payable by coupons dated 15th March, 1921, 15th March, 1922, 15th March, 1923, and 15th March, 1924, respectively:—

Form No. 5.

[Front of Bond.]

Commonwealth of Australia.

WAR GRATUITY BOND.

£          This Bond entitles                                                                                                                              to payment of in respect of the service                                                                                                                formerly                                                                                                                                                                        in accordance with conditions on back hereof.

Secretary to the Treasury.

Form No. 5.

[Back of Bond.]

CONDITIONS OF THIS WAR GRATUITY BOND.

1. This Bond is payable and is of value only to the person to whom it was issued, or to an approved transferee. It is not negotiable, and, except with the consent in writing of the Secretary to the Treasury, is not transferable.

2. The Secretary to the Treasury will give his consent to the transfer of this Bond by the person to whom it was issued—

(a) if he is satisfied that—

(i) the person to whom the Bond was issued has received from the transferee the full face value of the Bond plus interest accrued to the date of transfer, and

(ii) the transferee is the bonâ fide employer of the person to whom the Bond was issued, or is a trader, house and land agent, bank, or insurance company approved by the Secretary to the Treasury, or any other person, firm, company, society, or association approved by the Secretary to the Treasury; or

(b) if the Secretary to the Treasury has approved of the acceptance of the Bond by a bank, insurance company, or other company, society, or association as security for an advance.

3. The Secretary to the Treasury will not consent to the transfer of this Bond by any person, firm, company, society, or association to whom or which it is transferred (in this condition referred to as “the transferee”) unless—

(a) he is satisfied that refusal to consent to the transfer would entail serious hardship on the transferee; or

(b) the transferee is a co-operative company approved by the Treasurer of the Commonwealth.

4. Where the Secretary to the Treasury has consented, in pursuance of either of the last two preceding conditions, to the transfer of this Bond, a new Bond will be issued to and in the name of the approved transferee.

5. Except with the consent in writing of the Secretary to the Treasury, no interest in this Bond shall be alienable, whether by way of or in consequence of sale, assignment, charge, execution, insolvency, or otherwise howsoever.

6. Interest on this Bond, at the rate of 5¼ per centum per annum from the 15th March, 1920, shall be payable to the bond-owner annually, on the 15th March in each year up to the date of redemption of the Bond, at any Money Order Post-office or at any Branch of the Commonwealth Bank, on presentation of the Bond with the relative coupon attached. The balance of interest to the 31st May, 1924, shall be payable on maturity of the Bond.

7. The amount of this Bond or any interest paid or payable thereon shall not be liable to income tax under any law of the Commonwealth or a State, and shall not be deemed to be property or income for the purpose of the Invalid and Old-age Pensions Act 1908-1919 or the War Pensions Act 1914-1916.

8. Unless redeemed earlier, this Bond shall be payable on the 31st May, 1924, at the Commonwealth Treasury, at Sydney, Melbourne, Brisbane, Adelaide, Perth, or Hobart.

9. This Bond shall be accepted at its face value, plus interest accrued to the date of the surrender of the Bond, in repayment of any moneys, due by the person to whom it was issued, under the Australian Soldiers’ Repatriation Act 1917-1918 or the War Service Homes Act 1918-1919.

Directions to Bond-owners and Transferees.

1. A member of the Forces who has married since discharge, or a person (except a transferee) who is the owner of a Bond and who is found by the prescribed authority to be in necessitous circumstances, is entitled to payment of the Bond in cash. Applications for cash payment should be addressed to the Registrar of War Gratuity Bonds, at the Commonwealth Sub-Treasury, in the capital city of the State in which the applicant resides.

2. A person who desires to use a Bond in repayment of moneys due to a State Government in connexion with land settlement should apply to the State Government concerned.

3. Forms of application for transfers or for cash payments may be obtained at the Commonwealth Sub-Treasury in any capital city. Any change of address of a bond-owner should be notified to the Sub-Treasury.

Endorsement of Transfer of Bond.

I,      do hereby transfer this Bond to                                                                                                                                 , and I hereby acknowledge that I have received from the said transferee the sum of                                                                      pounds                                                                                    shillings and                                                                      pence, representing the full face value of this Bond plus interest accrued to this date.

Date

Signature of transferror

In accordance with Condition No. 6 above, interest on this Bond is payable by coupons dated 15th March, 1921, 15th March, 1922, 15th March, 1923, and 15th March, 1924, respectively:—

Form No. 6.

[Front of Bond.]

Commonwealth of Australia.

WAR GRATUITY BOND.

£          This Bond entitles                                                                                                                                                          to payment of in accordance with conditions on back hereof, and is issued in exchange for Bond Number

Secretary to the Treasury.

Form No. 6.

[Back of Bond.]

TRANSFEREE’S BOND.

Conditions of this War Gratuity Bond.

1. This Bond is payable and is of value only to the person to whom it was issued, or to an approved transferee. It is not negotiable, and, except with the consent in writing of the Secretary to the Treasury, is not transferable.

2. The Secretary to the Treasury will consent to the transfer of this Bond by the person, firm, company, society, or association to whom or which it was issued only—

(a) if he is satisfied that refusal to consent to the transfer would entail serious hardship; or

(b) if the Bond was issued to a co-operative company approved by the Treasurer of the Commonwealth.

3. Where the Secretary to the Treasury has consented, in “pursuance of the last preceding condition, to the transfer of this Bond, a new Bond will be issued to and in the name of the approved transferee.

4. Except with the consent in writing of the Secretary to the Treasury, no interest in this Bond shall be alienable, whether by way of or in consequence of sale, assignment, charge, execution, insolvency, or otherwise howsoever.

5. Interest on this Bond, at the rate of 5¼ per cent. per annum from the 15th March, 1920, shall be payable to the bond-owner annually, on the 15th March in each year up to the date of redemption of the Bond, at any Branch of the Commonwealth Bank, on presentation of the Bond with the relative coupon attached. The balance of interest to the 31st May, 1924, shall be payable on maturity of the Bond.

6. The amount of this Bond or any interest paid or payable thereon shall not be liable to income tax under any law of the Commonwealth or a State, and shall not be deemed to be property or income for the purpose of the Invalid and Old-age Pensions Act 1908-1919 or the War Pensions Act 1914-1916.

7. Unless redeemed earlier, this Bond shall be payable on the 31st May, 1924, at the Commonwealth Treasury, at Sydney, Melbourne, Brisbane, Adelaide, Perth, or Hobart.

8. This Bond shall be accepted at its face value, plus interest accrued to the date of the surrender of the Bond, in repayment of any moneys due by the person to whom it was issued, under the Australian Soldiers Repatriation Act 1917-1918 or the War Service Homes Act 1918-1919.

Note.—Any change of address of the Bond-owner should be notified to the Commonwealth Sub-Treasury at the capital city of the State in which the Bond-owner resides.

Endorsement of Transfer of Bond.

I,       do hereby transfer this Bond to                                                                                                                                , and I hereby acknowledge that I have received from the said transferee the sum of                                                                      pounds                                                                       shillings and                                                                                    pence, representing the full face value of this Bond plus interest accrued to this date.

Date

Signature of transferror

In accordance with Condition No. 5 above, interest on this Bond is payable by coupons dated 15th March, 1921, 15th March, 1922, 15th March, 1923, and 15th March, 1924, respectively:—

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.