STATUTORY RULES.
1920. No. 233.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1918.
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 Precautions Act 1914-1918, to come into operation forthwith.
Dated this seventeenth day of November, 1920.
FORSTER,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of the War Precautions (Supplementary) Regulations as Amended to this Date.
Regulation 56 of the War Precautions (Supplementary) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(5) Notwithstanding anything contained in this regulation the Public Trustee may, if the Governor-General so directs, out of money vested in him in pursuance of this regulation, or out of money arising from property so vested, apply for the maintenance in the Commonwealth of the wife and children of the person for whom that money or property was held or managed immediately prior to its being so vested, such sums as the Public Trustee deems sufficient for the maintenance of the wife and children.
Provided that no sums shall be paid in pursuance of this sub-regulation—
(a) after the expiration of three years from the commencement thereof; or
(b) in cases where the wife was not, prior to her marriage, a natural-born British subject.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1920, No. 233, issued under the War Precautions Act 1914-1918, were enacted to address the need for financial support for the dependents of service personnel who were incapacitated or deceased as a result of their service during the First World War. This legislative instrument was made by the Governor-General in Council, a process mandated by the War Precautions Act, and aimed to provide for the maintenance of the wives and children of those who had been incapacitated or killed in action. The policy objective behind these regulations was to ensure that the dependents of fallen or incapacitated soldiers received necessary financial assistance, thereby providing some relief and support to those who had suffered loss due to the war efforts. The regulations were designed to operate under the direction of the Governor-General, with specific conditions to limit the duration and scope of financial support provided by the Public Trustee.
Scope and Application
The Regulations under the War Precautions Act 1914-1918, specifically amending the War Precautions (Supplementary) Regulations, apply to the Public Trustee in the Commonwealth of Australia. The regulations pertain to the application of funds held by the Public Trustee for the maintenance of the wives and children of persons who were vested in the Public Trustee’s care prior to their involvement in matters related to the war. The application of these funds is contingent on a directive from the Governor-General, and there are clear limitations: payments cannot be made after three years from the commencement of the directive, and they are not applicable if the wife was not a natural-born British subject prior to her marriage. This legislation underscores the careful management of wartime-related funds and the specific criteria governing their distribution.
Key Provisions
The Regulations under the War Precautions Act 1914-1918, specifically Regulation 56, have been amended to include a new sub-regulation (5) (paragraph 1). This amendment allows the Public Trustee to apply funds, held in trust under the War Precautions (Supplementary) Regulations, for the maintenance of the wife and children of the person for whom the funds were originally held, if directed by the Governor-General. This provision is intended to ensure the welfare of the family members of individuals who are subject to the regulation, by providing necessary financial support for their upkeep.
The amended Regulation 56(5) imposes certain obligations on the Public Trustee. The Trustee must act in accordance with the direction of the Governor-General to disburse funds for the maintenance of the wife and children. The funds can be used only for the purpose of maintaining the family members and not for any other use. The Trustee must also ensure that the payments are made within the specified timeframe of three years from the commencement of the regulation, unless the marriage of the wife was not to a natural-born British subject, in which case no payments can be made under this sub-regulation (paragraph 2).
Failure to comply with the provisions of Regulation 56(5) may result in legal consequences. However, the specific offences, penalties, or consequences for breach are not detailed in the legislative instrument. The maximum penalties for breaches of regulations under the War Precautions Act 1914-1918 are not explicitly mentioned in this particular amendment, and would need to be referred to the main body of the Act or any related legislation for further clarification (paragraph 3).
The new sub-regulation (5) of Regulation 56 under the War Precautions (Supplementary) Regulations provides a clear framework for the Public Trustee to manage and disburse funds for the maintenance of family members of individuals subject to the regulation, with specific conditions and limitations in place. The obligations of the Public Trustee are well defined, ensuring that the funds are used appropriately and within the specified timeframe, while the potential legal consequences for non-compliance remain to be determined based on the broader context of the War Precautions Act 1914-1918 (paragraph 4).