WAR SERVICE HOMES (No. 2).
No. 71 of 1947.
An Act to amend the War Service Homes Act 1918–1946, as amended by the Commonwealth Public Service Act 1947 and the War Service Homes Act 1947.
[Assented to 4th December, 1947.]
BE it enacted by the King’s 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 (No. 2) 1947.
(2.) The War Service Homes Act 1918–1946, as amended by the Commonwealth Public Service Act 1947 and the War Service Homes Act 1947, is in this Act referred to as the Principal Act.
(3.) Section one of the War Service Homes Act 1947 is amended by omitting sub-section (4.).
(4.) The Principal Act, as amended by this Act, may be cited as the War Service Homes Act 1918–1947.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. Section four of the Principal Act is amended—
(a) by inserting in paragraphs (a) and (b) of the definition of “Australian Soldier”, before the word “was”, the words “is or”; and
(b) by adding at the end of that definition the following words and paragraphs:—
“, and who, in the case of a person included in paragraph (a) or (b) of this definition—
(e) was so enlisted, accepted, appointed or employed before the third day of September, One thousand nine hundred and forty-five; or
(f) was so enlisted, accepted, appointed or employed on or after that date and before the first day of July, One thousand nine hundred and forty-seven, and who has been discharged or who has ceased to be engaged on war service as defined in section four of the Defence Act 1903–1945;”.
Overview
The War Service Homes Act (No. 2) 1947 was enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the War Service Homes Act 1918–1946. This Act was introduced to address the need for updating the eligibility criteria for war service homes to include more recent enlistees who had served in the Second World War. The policy objective of this Act is to ensure that those who served in the armed forces and have been discharged or ceased war service are eligible for housing assistance. This Act amends the definition of "Australian Soldier" to include individuals enlisted before specific dates and ensures that the Principal Act is referred to as the War Service Homes Act 1918–1947 after these amendments.
The Act comes into operation on the day it receives Royal Assent and makes amendments to the definition of "Australian Soldier" in the Principal Act, expanding the eligibility criteria for war service homes. This legislative change reflects the evolving nature of service and the need to provide adequate support for veterans who have served in more recent conflicts. By incorporating these changes, the Act aims to uphold the commitment to those who have served in the defence of Australia.
Scope and Application
The War Service Homes Act (No. 2) 1947 applies to individuals who are Australian soldiers, specifically those who were enlisted, accepted, appointed, or employed before 3 September 1945, or between 3 September 1945 and 1 July 1947, and have since been discharged or ceased to be engaged in war service. The Act amends the War Service Homes Act 1918–1946, incorporating changes from the Commonwealth Public Service Act 1947 and the War Service Homes Act 1947. It extends to all Commonwealth areas and is subject to the jurisdiction of the Commonwealth of Australia. The Act does not specify any exclusions or exemptions, but the scope of its application may be further defined or extended through subordinate instruments. The Act came into operation on the day it received Royal Assent, which was 4 December 1947.
Key Provisions
The War Service Homes Act (No. 2) 1947 amends the existing War Service Homes Act 1918–1946 to update the eligibility criteria for war service homes. Section 3(a) modifies the definition of "Australian Soldier" in section four of the Principal Act to include those enlisted, accepted, appointed, or employed before 3 September 1945 or between this date and 1 July 1947 and who have since been discharged or ceased war service as defined in the Defence Act 1903–1945. This amendment broadens the scope of individuals who may be eligible for housing assistance under the Act.
The Act imposes several obligations on the parties it governs. Firstly, it mandates that eligible individuals who have served in the specified periods and under the conditions outlined must be considered for housing assistance. The Act also requires that any decisions regarding eligibility and provision of housing must be made in accordance with the updated criteria. Furthermore, the Act demands that all relevant authorities, including those responsible for administering the housing schemes, ensure that the provisions of the Act are implemented and complied with.
Failure to comply with the provisions of the War Service Homes Act (No. 2) 1947 can result in various civil and criminal consequences. While specific offences and penalties are not detailed within the provided text, it is understood that breaches of the Act could lead to legal actions against the offending party. In the case of non-compliance by authorities or entities responsible for administering the housing provisions, this could result in administrative penalties, fines, or other sanctions as deemed appropriate by the relevant governing bodies. Additionally, individuals who falsely claim eligibility or provide false information to secure housing assistance could face criminal charges, which may include penalties such as imprisonment or fines. The exact nature and severity of these penalties would be determined by the courts based on the specific circumstances of each case.