War Service Homes Act 1956

Legislation au C1956A00100 Not in force Act

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WAR SERVICE HOMES.

 

No. 100 of 1956.

An Act to amend the War Service Homes Act 1918-1955.

[Assented to 15th November, 1956.]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the War Service Homes Act 1956.

(2.) The War Service Homes Act 1918–1955 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the War Service Homes Act 1918–1956.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) The amendment made by paragraph (d) of section three of this Act shall come into operation on the day on which the Repatriation (Far East Strategic Reserve) Act 1956 comes into operation.

Interpretation.

3. Section four of the Principal Act is amended—

(a) by omitting from paragraph (e) of the definition of Eligible person in sub-section (1.) the word or (last occurring);

(b) by omitting all the words after paragraph (e) of that definition and inserting in their stead the following words :—

(f) during the continuance of any war in which the Sovereign became engaged on or after the third day of September, One thousand nine hundred and thirty-nine, and before the commencement of the War Service Homes Act 1946, was employed under agreement as master, officer or seaman, or under indenture as apprentice, in sea-going service—

(i) on a ship engaged in trading between a port of a State or Territory of the Commonwealth and any other port, whether a port of a State or Territory of the Commonwealth or not; or


(ii) on a ship being a troop transport or hospital ship,

and was, during that employment, domiciled in Australia or a Territory of the Commonwealth ; or

(g) not being a person to whom the last preceding paragraph applies, was, during the continuance of any war in which the Sovereign became engaged on or after the third day of September, One thousand nine hundred and thirty-nine, and before the commencement of the War Service Homes Act 1946, employed, otherwise than as a member of the Defence Force, in sea-going service on a ship being a ship of war, troop transport or hospital ship, and was, during that employment, domiciled in Australia or a Territory of the Commonwealth,

and satisfies the Director that he is married or is about to marry, or has dependants for whom it is necessary for him to maintain a home, and includes the female dependant of a person specified in any of the paragraphs (a) to (g) of this definition;;

(c) by omitting from paragraph (a) of the definition of Female dependant in sub-section (1.) the words paragraph (a), (b), (c), (d), (e) or (f) and inserting in their stead the words any of the paragraphs (a) to (g); and

(d) by omitting from sub-section (2.) all the words after the words by virtue of this sub-section and inserting in their stead the words—

unless—

(c) that person was allotted for duty in an operational area in connexion with those operations before the date of commencement of the Repatriation (Far East Strategic Reserve) Act 1956 and, if he was so allotted while in Australia, or in the part of the Queens dominions other than the Commonwealth, as the case may be, he left the last port of call in Australia or in that other part of the Queens dominions before that date for the purpose of serving in connexion with those operations ; or

(d) that person, not being a person to whom the last preceding paragraph applies, served, after the commencement of the Repatriation (Far East Strategic Reserve) Act 1956, in an area prescribed to be, or to have been, an operational area for the purposes of this paragraph..


Conditions of grant of advance.

4. Section twenty-four of the Principal Act is amended by omitting the words section twenty and inserting in their stead the words sub-section (1.) of section twenty.

 

Overview

The War Service Homes Act 1956 was enacted to amend the War Service Homes Act 1918-1955, addressing the need to provide updated provisions for war service personnel and their families. The Act was passed by the Parliament of Australia and received Royal Assent on 15 November 1956. The amendments aim to refine eligibility criteria and conditions for the grant of advances to war service personnel, ensuring that the support provided is tailored to the evolving needs of those who served during and after World War II. The Act also aligns certain provisions with the Repatriation (Far East Strategic Reserve) Act 1956, ensuring consistency in the treatment of service personnel across related legislation.

Scope and Application

The War Service Homes Act 1956 applies to eligible persons who were engaged in sea-going service during specific wars and were domiciled in Australia or a Territory of the Commonwealth. This includes individuals who served as masters, officers, seamen, or apprentices on ships engaged in trading, troop transport, or as hospital ships, as well as those who served on ships of war. The Act extends to female dependants of eligible persons who fall under the specified categories. The eligibility criteria are defined in the amended sections of the Act, which modify the definition of "Eligible person" and "Female dependant" from the Principal Act of 1918–1955. The Act has a national reach, applying across the Commonwealth of Australia, and its provisions are enforced through subordinate instruments that may further define eligibility and operational areas. Specific exclusions are noted, such as individuals who were allotted for duty in an operational area before the commencement of the Repatriation (Far East Strategic Reserve) Act 1956 or those who served in prescribed operational areas after that Act's commencement.

Key Provisions

The War Service Homes Act 1956 (C1956A00100) primarily serves to amend the War Service Homes Act 1918-1955. The Act is referred to as the War Service Homes Act 1918-1956 when amended by this legislation. The Act commenced on the day it received Royal Assent, with specific provisions related to the Repatriation (Far East Strategic Reserve) Act 1956 coming into operation on the same day as that Act. Section 3 of the Act makes several amendments to the definitions within the Principal Act, particularly clarifying who qualifies as an "Eligible person" and a "Female dependant." It broadens the criteria for eligibility to include individuals who were employed in sea-going service during specified wars and were domiciled in Australia or a Territory of the Commonwealth, provided they were married, about to marry, or had dependents. Under the amended Act, the obligations on eligible persons and their dependants are more clearly defined, ensuring that those who meet the specific wartime employment and domicile criteria can apply for benefits. The Act also revises the conditions under which an advance may be granted, referencing specific subsections for clarity. The amendments ensure that the definitions align with the current legislative intent, maintaining the eligibility criteria for war service homes benefits. Breaches of the provisions of the War Service Homes Act 1956 may result in civil or criminal consequences, though specific penalties are not detailed within the text provided. The legislation implicitly suggests that non-compliance with the eligibility criteria or other provisions could lead to legal action, potentially including fines or other penalties as prescribed by law. However, the exact nature and extent of these penalties are not outlined in the excerpt, leaving the full understanding to be derived from the broader legal context and related statutes.

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Area of Law
Veterans Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.