War Precautions (Active Service Moratorium) Regulations 1916 (Amendment)

Overview

The Statutory Rules 1919, No. 261, represents a legislative instrument under the War Precautions Act 1914-1918 and the Moratorium Act 1919, designed to address specific concerns arising from the post-war economic environment. Enacted by the Governor-General in and over the Commonwealth of Australia, with advice from the Federal Executive Council, the Regulations seek to amend the War Precautions (Active Service Moratorium) Regulations 1916. The overarching policy objective is to provide relief to members of the Forces and their female dependants by allowing them to sell or otherwise dispose of goods purchased under a hire-purchase agreement before payments are completed, thereby addressing a gap in the existing regulatory framework that was impacting their financial recovery post-service.

Scope and Application

The War Precautions (Active Service Moratorium) Regulations 1916, as amended by various statutory rules up to 1919, apply to individuals and entities involved in transactions involving goods under hire-purchase agreements, specifically those connected to members of the Forces and their female dependants. These regulations are made under the authority of the War Precautions Act 1914-1918 and the Moratorium Act 1919, and thus have a national reach throughout the Commonwealth of Australia. The amendments made by Statutory Rules 1919, No. 261, introduce an exemption to Regulation 12, whereby members of the Forces or their female dependants can sell or dispose of goods under a hire-purchase agreement before completing payment for those goods, thereby exempting such transactions from the purview of the regulation. This alteration provides a specific relief to the mentioned categories of individuals in their dealings with goods under hire-purchase agreements.

Key Provisions

The primary operative section of these Regulations (Regulation 12) amends the War Precautions (Active Service Moratorium) Regulations 1916 by inserting a new sub-regulation (1b). This addition exempts members of the Forces and their female dependants from the application of the regulation if they sell, dispose of, or part with the possession of goods being purchased under a hire-purchase agreement before completing the payment for those goods. The purpose of this amendment is to provide relief to military personnel and their families in specific circumstances regarding their hire-purchase agreements. These Regulations impose certain obligations and requirements on individuals who are members of the Forces or their female dependants. Specifically, they must ensure that if they sell, dispose of, or otherwise part with the possession of goods purchased under a hire-purchase agreement before completing payment, they are exempt from the regulatory provisions that would otherwise apply to such transactions. This exemption is contingent upon the status of the individual as a member of the Forces or their female dependant. Failure to comply with these Regulations could result in various civil or criminal consequences, depending on the nature and severity of the breach. While the exact penalties are not specified within the text, under the general provisions of the War Precautions Act 1914-1918 and the Moratorium Act 1919, breaches of regulations can attract penalties that may include fines, imprisonment, or both. The specific penalties would be determined by the courts based on the circumstances of the breach.