STATUTORY RULES
1946. No. 66.
————
REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1941.*
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 Service. Homes Act 1918-1941.
Dated this third day of April, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
H. P. LAZZARINI
Minister of State for Works and Housing.
————
Amendments of the War Services Homes Regulations.†
1. After regulation 8 of the War Service Homes Regulations the following regulation is inserted:—
Securities by minors.
“8a. Where an applicant is an infant or minor he may give a security and the security shall have the same effect and may be enforced to the same extent as if he were not an infant or minor.”.
2. Regulation 23 of the War Service Homes Regulations is repealed and the following regulation inserted in its stead:—
Appropriation of amounts paid to Commissioner.
“ 23. Whenever any amount is paid to the Commissioner by a purchaser or borrower, the amount may be appropriated by the Commissioner—
Firstly—in payment of any sums owing by the purchaser or borrower in respect of fees, charges or costs, or in repayment of any sums paid by the Commissioner on behalf of the purchaser or borrower;
Secondly—in payment of any insurance premiums due by the purchaser or borrower;
Thirdly—in payment of interest due by the purchaser or borrower in respect of any sale or advance under the Act; and
Fourthly—in payment or repayment, as the case may be, of any purchase money or advance under the Act.”.
Certificates of value.
3. Regulation 36 of the War Service Homos Regulations it amended—
(a) by omitting from sub-regulation (1.) the words “ The Commissioner may authorize officers to ” and inserting in their stead the words “ An authorized person may ”; and
(b) by omitting from sub-regulation (2.) the word “ officer ” and inserting in its stead the word “ person ”.
* Notified in the Commonwealth Gazette on 4th April. 1946.
† Statutory Rules 1936, No. 74, as amended by Statutory Rules 1945, No. 202
————————
By Authority: L F Johnston. Commonwealth Government Printer, Canberra.
1576.—Price 3d.
Overview
The War Service Homes Regulations, 1946, were enacted by the Governor-General, on the advice of the Federal Executive Council, to provide a regulatory framework under the War Service Homes Act 1918-1941. This legislative instrument sought to address the gaps and inefficiencies in the administration of war service homes by establishing clear procedures and conditions for the appropriation of funds and the issuance of securities by minors. The primary objective of these regulations was to streamline the financial transactions and administrative processes related to war service homes, ensuring that payments could be appropriately allocated to cover fees, charges, costs, insurance premiums, and interest due, while also providing clarity on the capacity of minors to provide securities.
These regulations were designed to offer a structured approach to managing the financial aspects of war service homes, aiming to prevent any misunderstandings or disputes over the allocation of funds. The changes included allowing minors to give securities with the same effect as adults, specifying the order of appropriation for funds paid to the Commissioner, and clarifying the authority for issuing certificates of value. This legislative action underscores the commitment to maintaining orderly and transparent practices in the administration of war service homes, thereby supporting the broader policy objectives of the War Service Homes Act.
Scope and Application
The War Service Homes Regulations 1918-1941, as amended, provide specific rules under the War Service Homes Act 1918-1941, which applies to the administration and management of war service homes provided by the Commonwealth of Australia for the benefit of veterans and their families. These regulations apply to any person or entity involved in transactions or conduct related to war service homes, including the Commissioner of War Service Homes, purchasers, borrowers, and minors. The regulations have a national reach, applicable across the Commonwealth of Australia. They allow for minors to provide securities with the same legal effect as adults, outline the appropriation of payments made to the Commissioner, and specify who can issue certificates of value. The regulations can be extended or restricted through subordinate instruments, allowing for flexibility in administration and compliance.
Key Provisions
The main operative sections of these Regulations, introduced under the War Service Homes Act 1918-1941, primarily focus on the securities that can be provided by minors, the appropriation of amounts paid to the Commissioner, and the certification of property values. Firstly, Regulation 8a allows an applicant who is an infant or minor to provide a security that will be as enforceable as if they were not a minor (Regulation 8a). Secondly, Regulation 23 specifies how amounts paid to the Commissioner can be allocated: towards outstanding fees, charges, or costs; insurance premiums; interest due; and the repayment or payment of purchase money or advances under the Act (Regulation 23). Thirdly, Regulation 36 is amended to clarify who can certify property values, replacing references to "officer" with "authorized person" (Regulation 36).
These Regulations impose specific obligations and requirements on both applicants and the Commissioner. For applicants, there is now a clear provision that minors can provide securities, subject to the same legal effect as adults (Regulation 8a). The Commissioner is required to follow a specific order of priority when appropriating amounts paid to them, ensuring that fees, charges, costs, insurance premiums, and interest are settled before any repayment of purchase money or advances (Regulation 23). The amendment in Regulation 36 broadens the scope of who can issue certificates of value, now allowing authorized persons rather than just officers to perform this function.
Failure to comply with these Regulations can lead to various consequences, although specific offences, penalties, or detailed consequences are not outlined within the text. However, it is reasonable to infer that breaches could result in legal actions such as fines or other civil remedies under the overarching War Service Homes Act 1918-1941. The exact penalties would depend on the nature of the breach and could potentially be enforced through the courts.