{"id":"C1945A00016","name":"War Gratuity Act 1945","slug":"war-gratuity-act-1945","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"16 of 1945","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":723,"registerId":"C2016C00964","compilationNumber":"4","startDate":"2016-10-21","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 506, 507) of the [Statute Update Act 2016](/C2016A00061)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Update Act 2016","year":2016,"number":61,"titleId":"C2016A00061","provisions":"sch 1 (items 506, 507)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2016-10-24T11:01:28.083Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the War Gratuity Act 1945.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Australia means that area comprising the States of the Commonwealth, the Australian Capital Territory and the Northern Territory.\n\n> Australian Territories means the Territories of Papua, New Guinea and Norfolk Island.\n\n> date of embarkation, in relation to a member, means the date upon which the member embarked on a ship or aircraft for service in an overseas area, but shall not be deemed to refer to the embarkation on that ship or aircraft on that date of a member who disembarked from that ship or aircraft before reaching an overseas area and, in the opinion of a prescribed authority, did not proceed forthwith in the same or another ship or aircraft for service in an overseas area.\n\n> date of entitlement means the date on which a member or other person becomes entitled to be credited in the Register of War Gratuities with war gratuity in respect of the service of the member.\n\n> death due to war service means death of a member which occurred in circumstances in which:\n\n    (a) the Commonwealth is liable to pay pension under Part II of the Veterans’ Entitlements Act 1986; or\n    (b) the Commonwealth would be liable to pay pension under that Part if pension were payable to a female veteran’s spouse.\n\n> dependants means the spouse or children (including ex‑nuptial children) of any person who is or was a member, and any person who is or was wholly or partly dependent for his or her support upon the earnings of that person during the period of his or her service as a member or subsequently at any time before the date of entitlement of that person to war gratuity.\n\n> excepted injury or illness, in relation to a member, means:\n\n    (a) an injury or illness which, in the opinion of a prescribed authority, was due to or arose from the serious default or wilful act of the member;\n    (b) an intentionally self‑inflicted injury; or\n    (c) an injury or illness which, in the opinion of a prescribed authority, was due to or arose from any occurrence happening during the commission of a serious breach of discipline.\n\n> general qualifying service means service performed on the days prescribed by section nine of this Act as days of general qualifying service.\n\n> member means a person who, at any time during the war, has been:\n\n    (a) a member of the Naval Forces;\n    (b) a member of the Military Forces; or\n    (c) a member of the Air Force.\n\n> member of the Naval Forces means a member of the Naval Forces raised in pursuance of the Naval Defence Act 1910‑1934 and includes:\n\n    (a) any person who held a rank or rating in the Naval Forces (whether Permanent, Reserve or Temporary) of any part of the King’s dominions, other than the Commonwealth, in respect of any period in which he served as a member of the Royal Australian Navy; and\n    (b) any member of the Royal Australian Naval Nursing Service or the Women’s Royal Australian Naval Service and such members or classes of members as are prescribed of any body or organization which has been replaced by or merged into either of those Services.\n\n> member of the Military Forces means:\n\n    (a) a member of the Permanent Military Forces;\n    (b) a member of the Australian Imperial Force; and\n    (c) a member of the Citizen Military Forces, enlisted, appointed or called up for continuous full time war service;\n  and includes a member of the Australian Army Nursing Service, the Australian Women’s Army Service, the Australian Army Medical Women’s Service or the Voluntary Aid Detachment and such members or classes of members as are prescribed of any body or organization which has been replaced by or merged into any of those bodies.\n\n> member of the Air Force means a member of the Royal Australian Air Force established under the Air Force Act 1923‑1941, and includes a member of the Royal Australian Air Force Nursing Service or the Women’s Auxiliary Australian Air Force and such members or classes of members as are prescribed of any body or organization of women which has been replaced by or merged into either of those bodies.\n\n> month, for the purposes of sections four, eight, twelve and thirteen of this Act, means a period of thirty days.\n\n> overseas area means:\n\n    (a) in relation to service during the period commencing on the third day of September, One thousand nine hundred and thirty‑nine and ending on the sixth day of December, One thousand nine hundred and forty‑one, any area outside Australia and outside Australian Territories; or\n    (b) in relation to service during the period commencing on the seventh day of December, One thousand nine hundred and forty‑one and ending on the thirtieth day of June, One thousand nine hundred and forty‑seven, any area outside Australia.\n\n> overseas qualifying service means service performed on the days prescribed by section seven of this Act as days of overseas qualifying service.\n\n> sea‑going ship does not include a depot ship or a ship principally employed on or in connexion with port or harbour defence.\n\n> service abroad means service by a member:\n\n    (a) in an overseas area or in a sea‑going ship as a member of a body, contingent or detachment of the Defence Force engaged in service in such an area or ship; or\n    (b) as a member of the air crew of a squadron, if the role of the squadron was operational involving flights out of Australia;\n  and includes service during the period of any voyage to an overseas area commencing on and including the date of embarkation for that area and service during the period of any voyage from an overseas area up to and including the date of disembarkation.\n\n> spouse in relation to a member, includes:\n\n    (a) a de facto spouse of the member; or\n    (b) a widow or widower of the member; or\n    (c) a person who was a de facto spouse of the member immediately before the member’s death.\n\n> the cessation of hostilities means a date to be proclaimed by the Governor‑General from which, for the purposes of this Act, the hostilities in which the Commonwealth of Australia is engaged in the war shall be deemed to have ceased.\n\n> the war means the war with Germany which commenced on the third day of September, One thousand nine hundred and thirty‑nine, and includes any other war in which His Majesty became engaged after that date and before the date of commencement of this Act.\n\n> war gratuity means war gratuity under this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Payment of war gratuity authorised","content":"#### 3 Payment of war gratuity authorised\n\n  War gratuity may be credited and paid in accordance with this Act to any member or other person authorized by this Act to receive war gratuity in respect of the overseas qualifying service or general qualifying service of that member.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Rate of war gratuity","content":"#### 4 Rate of war gratuity\n\n  (1) The rate of war gratuity payable under this Act in respect of overseas qualifying service or service deemed to be overseas qualifying service shall be Seven dollars fifty cents for each month or portion of a month of overseas qualifying service calculated in accordance with section twelve of this Act.\n  (2) The rate of war gratuity payable under this Act in respect of general qualifying service or service deemed to be general qualifying service shall be One dollar fifty cents for each month or portion of a month of general qualifying service calculated in accordance with section twelve of this Act.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"War gratuity not a right","content":"#### 6 War gratuity not a right\n\n  A war gratuity shall not be claimable or recoverable by any person as a matter of right, but shall be deemed to be a free gift by the Commonwealth in recognition of honorable service during the war, and the crediting or payment of a war gratuity may in any case be withheld or deferred by a prescribed authority or made subject to such terms and conditions as a prescribed authority, having regard to the interests or deserts of the claimant, thinks just and proper.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Overseas qualifying service","content":"#### 7 Overseas qualifying service\n\n  (1) Subject to the provisions of sections ten and eleven of this Act, overseas qualifying service shall comprise each day of service as a member, and each day of the period following the death of a member, specified in one or more of the following paragraphs:\n    (a) Service abroad for a continuous period of not less than ninety days or for periods aggregating not less than one hundred and eighty days in any period of twelve months;\n    (b) Service abroad for any period or periods less than those specified in paragraph (a) of this subsection, if, at the end of any such period, the member has been returned to Australia, or discharged from his or her ship, owing to injury or illness, not being an excepted injury or illness;\n    (c) Service abroad for any periods at any time subsequent to service within the provisions of paragraph (a) or (b) of this subsection;\n    (d) Service abroad for any period, if the member’s death occurred at the end of the period;\n    (e) Service in any area, other than an overseas area, for any period of treatment in hospital or convalescent depot immediately following a member’s return from service abroad, or discharge from his or her ship, owing to injury or illness, not being an excepted injury or illness;\n    (f) Service in any area, other than an overseas area, for any period not exceeding ninety days immediately following any period of service described in paragraph (a), (b), (c) or (e) of this subsection, except in cases where a member has been returned to Australia from an overseas area, or discharged from his or her ship, on account of an excepted injury or illness, and except in such other cases as are prescribed; and\n    (g) In the event of a period of service described in paragraph (a), (b), (c), (d), (e) or (f) of this subsection having been terminated by death due to war service, the period from the date of death to the date of notification of death to the Repatriation Commission or to the thirtieth day of June, One thousand nine hundred and forty‑seven, whichever is the earlier date, except in the case of the death of a member during the period deemed to be service by subsection (1) of section eleven of this Act:\n  Provided that:\n    (i) if a member, after the cessation of hostilities, commences a period of service abroad, that service shall not be classified as overseas qualifying service, except in such cases and subject to such conditions as are prescribed; and\n    (ii) if a member has returned to Australia at the member’s own request or for prescribed disciplinary reasons, the period specified in paragraph (f) of this subsection subsequent to the date of the member’s disembarkation shall not be deemed to be overseas qualifying service, except in cases where a prescribed authority, acting in pursuance of powers conferred on a prescribed authority by the regulations, directs that it shall be deemed to be overseas service.\n  (2) Any day of service specified in more than one of paragraphs (a), (b), (c), (d), (e), (f) and (g) of the last preceding subsection shall count as one day of service only.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Periods of overseas qualifying service less than twelve months","content":"#### 8 Periods of overseas qualifying service less than twelve months\n\n  Where a member has performed overseas qualifying service and the number of months of that service is less than twelve, the number shall be deemed to be twelve, but, unless otherwise prescribed, this section shall not apply if the member has returned to Australia at the member’s own request or for prescribed disciplinary reasons or on account of excepted injury or illness.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"General qualifying service","content":"#### 9 General qualifying service\n\n  (1) Subject to the provisions of sections ten and eleven of this Act, general qualifying service shall comprise each day of service as a member, and each day of the period following the death of a member, which is specified in any one or more of the following paragraphs:\n    (a) Service classified as overseas qualifying service within the provisions of section seven of this Act;\n    (b) Service on and after the seventh day of December, One thousand nine hundred and forty‑one, if the member had served on continuous full‑time war service for a period of six months immediately preceding that date;\n    (c) Service on and after the day following the date subsequent to the seventh day of December, One thousand nine hundred and forty‑one, on which the member completed a period of six months continuous full‑time war service;\n    (d) In the event of a period of service described in paragraph (b) or (c) of this subsection having been terminated by death due to war service, the period from the date of death to the date of notification of death to the Repatriation Commission or to the thirtieth day of June, One thousand nine hundred and forty‑seven, whichever is the earlier date, except in the case of the death of a member during the period deemed to be service under subsection (1) of section eleven of this Act; and\n    (e) Service on or after the seventh day of December, One thousand nine hundred and forty‑one, by a member who died before the completion of the period of six months service referred to in paragraph (c) of this subsection, where the member’s death was due to war service.\n  (2) Any day of service specified in more than one of the paragraphs of the last preceding subsection shall count as one day of service only.\n  (3) The Governor‑General may, by Proclamation, declare a date as the date upon which the general qualifying service of any class of member of the Permanent Forces specified in the Proclamation shall cease, and service by members included in that class after the date proclaimed shall not be deemed to be general qualifying service.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Qualifying service does not include certain service","content":"#### 10 Qualifying service does not include certain service\n\n  Service subsequent to the thirtieth day of June, One thousand nine hundred and forty‑seven or periods deemed to be service after that date shall not be included in a member’s overseas qualifying service or general qualifying service.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Special provisions as to period of service","content":"#### 11 Special provisions as to period of service\n\n  (1) Where a member on termination of service has been granted pay in lieu of leave accrued in respect of his or her war service, a period from the termination of his or her service equal to the number of days for which he or she was granted pay in lieu of that leave shall, for the purposes of sections seven and nine of this Act, be deemed to be service as a member.\n  (2) Days of overseas qualifying service or general qualifying service shall not include:\n    (a) any day in respect of which a member was not entitled to the full pay appropriate to the member’s appointment, rank or rating or in respect of which the member’s pay was forfeited, or, in the case of a member of the Naval Forces, any day on which the member was absent without leave and in respect of which the member’s pay was mulcted under the appropriate Naval Regulations; or\n    (b) any day which was not part of the continuous full‑time war service of a member:\n  Provided that, where a prescribed authority is satisfied, in respect of any day in respect of which a member was not entitled to the full pay appropriate to the member’s appointment, rank or rating or in respect of which the member’s pay was forfeited or mulcted, that there exist mitigating circumstances which justify the inclusion of that day as a day of overseas qualifying service or general qualifying service, the prescribed authority may direct that that day be so included.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Calculation of qualifying service","content":"#### 12 Calculation of qualifying service\n\n  (1) The number of months in respect of which a member is entitled to war gratuity in respect of the member’s service at the rate prescribed for overseas qualifying service shall be the number of months of overseas qualifying service of the member based on the total number of days on which the member has performed overseas qualifying service (any fraction of a month being treated as one month) together with any additional period required to be included in pursuance of section eight of this Act.\n  (2) The number of months in respect of which a member is entitled to war gratuity in respect of the member’s service at the rate prescribed for general qualifying service shall be the number of months of general qualifying service of the member based on the total number of days on which the member has performed general qualifying service (any fraction of a month being treated as one month) less the number of months in respect of which the member is entitled to war gratuity in respect of the member’s service at the rate prescribed for overseas qualifying service.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Addition to war gratuity in case of death","content":"#### 13 Addition to war gratuity in case of death\n\n  (1) Where death due to war service occurred while the member was performing service specified in section seven of this Act, a sum calculated at the rate prescribed for overseas qualifying service for a period of seven months shall be added to the war gratuity to which the member would otherwise be entitled.\n  (2) Where death due to war service occurred while the member was performing general qualifying service, not being service specified in section seven of this Act, a sum calculated at the rate prescribed for general qualifying service for a period of seven months shall be added to the war gratuity to which the member would otherwise be entitled.","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Minimum war gratuity in case of death and total dependency","content":"#### 14 Minimum war gratuity in case of death and total dependency\n\n  (1) Where the death of a member due to war service occurred prior to the first day of July, One thousand nine hundred and forty‑seven and a prescribed authority determines in accordance with the regulations that the spouse, or a child, parent, step‑parent, foster‑parent or dependant of the member was totally dependent on that member at the date of the member’s death, an amount of war gratuity not less than the amount prescribed in respect of a period of three years service at the rate prescribed for overseas qualifying service (including any sum added under the last preceding section) shall, subject to section six of this Act, be credited and paid in respect of the deceased member’s service, whether or not the member had, at the date of the member’s death, any general qualifying service.\n  (2) The amount by which the war gratuity is increased in consequence of the provisions of this section shall be credited and paid to or for the benefit of the person or persons totally dependent on the member, in such proportions as the regulations prescribe or a prescribed authority directs.\n  (3) Where, at the date of the death of the member, the member had no general qualifying service, the amount of war gratuity to be credited and paid in pursuance of this section shall be credited and paid to or for the benefit of the person or persons totally dependent on the member in such proportions as the regulations prescribe or a prescribed authority directs.","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Disqualifications","content":"#### 15 Disqualifications\n\n  A member or other person who would, but for this section, be entitled to be credited with war gratuity in respect of the service of the member shall be disqualified from being so entitled if the member is included in one of the classes specified in the Schedule to this Act:\n  Provided that:\n    (a) where disqualification under this section results from a member’s absence without leave and a prescribed authority is satisfied that the member has neglected or failed to provide adequately for the member’s dependants, the prescribed authority may authorize credit to some or all of those dependants of such amounts of war gratuity as the prescribed authority thinks fit, not exceeding in the aggregate the amount which could, but for this section, have been credited to, or in respect of the service of, that member;\n    (b) where in any case a prescribed authority, having regard to the meritorious service rendered by the member or other special circumstances, considers that it is inequitable to withhold the war gratuity which would, but for this section, have been credited, the prescribed authority may authorize the credit of the whole or such part of the war gratuity as the prescribed authority considers justified; and\n    (c) where an occurrence relating to the service of a member has rendered the member liable to be disqualified for war gratuity under the provisions of this section and the member subsequently re‑enlisted or was re‑appointed for service, the occurrence relating to the member’s earlier service shall not render the member liable to be disqualified for war gratuity in respect of service following the member’s re‑enlistment or re‑appointment after the time of the occurrence.","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Deductions","content":"#### 16 Deductions\n\n  From the amount of any war gratuity to be credited there shall be deducted:\n    (a) any amount due to the Commonwealth by the person to whom, or in respect of whose service, the war gratuity is to be credited, where the indebtedness of that person to the Commonwealth was caused by fraud, deception or misappropriation on his or her part; and\n    (b) any amount due to the Minister of State for Repatriation or the Repatriation Commission by the person to whom, or in respect of whose service, the war gratuity is to be credited where that person has improperly disposed of property belonging to that Minister or that Commission, or property over which that Minister or that Commission holds security.","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Death of member before date of entitlement","content":"#### 17 Death of member before date of entitlement\n\n  (1) Where a member in respect of whose service a war gratuity is to be credited has died before the date of entitlement, the war gratuity to which the deceased member would have been entitled shall not form part of the estate of the deceased member, and shall not be payable to the executor or administrator of the estate of the deceased member, but, except where otherwise prescribed, may be credited to or for the benefit of such one or more of the following persons, and in such proportions, as the regulations prescribe or a prescribed authority directs, namely, any person who:\n    (a) is beneficially entitled under the will of the deceased to any part of his estate; or\n    (b) is, or would, if the deceased had died intestate, have been entitled to a share in the distribution of the deceased’s intestate estate;\n  and who is the spouse, or a child, parent, step‑parent, foster‑parent or dependant of the deceased.\n  (2) Subject to the regulations, a prescribed authority may, in special circumstances, approve the crediting of the war gratuity to persons other than those included in the last preceding subsection.","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Date of entitlement","content":"#### 18 Date of entitlement\n\n  The date on which a person shall be entitled to be credited with war gratuity in respect of the service of a member shall be the date six months after the cessation of hostilities or, in the case of a member who is serving as a member on that date, either:\n    (a) the date on which the member’s service terminates; or\n    (b) the first day of July, One thousand nine hundred and forty‑seven;\n  whichever is the earlier date:\n  Provided that, in any case to which section fourteen of this Act applies, war gratuity may be credited as from any date later than six months after the cessation of hostilities, but not later than the first day of July, One thousand nine hundred and forty‑seven:\n  Provided further that, in the case of any member included in a class of members specified in a Proclamation under subsection (3) of section nine of this Act, if the date proclaimed as the date upon which the general qualifying service of such class shall cease is subsequent to the date six months after the date of cessation of hostilities but prior to the first day of July, One thousand nine hundred and forty‑seven, the date so proclaimed shall be the date of entitlement.","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Register of War Gratuities","content":"#### 19 Register of War Gratuities\n\n  (1) There shall be a Register of War Gratuities in which an account shall be kept for each member or other person who is entitled to a war gratuity.\n  (2) The Register of War Gratuities shall be under the control of an officer appointed by the Governor‑General who shall be known as the Registrar of War Gratuities.","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Date of payment of war gratuity","content":"#### 20 Date of payment of war gratuity\n\n  Except as otherwise provided by this Act, payment of war gratuity shall be made at the expiration of a period of five years and six months after the cessation of hostilities.","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Payment of war gratuity before due date","content":"#### 21 Payment of war gratuity before due date\n\n  In the case of a war gratuity credited in the Register of War Gratuities to the account of:\n    (a) any person, where the amount credited to that person is less than Twenty dollars; or\n    (b) the spouse of a member; or\n    (c) the widowed mother or widowed father of an unmarried deceased member; or\n    (d) the mother or father of a deceased member, or an older sister or brother of a deceased member who acted as a parent to the member, if a prescribed authority is satisfied that she or he was totally dependent on the member at the time of the member’s death or is in needy circumstances; or\n    (e) a member who is found by a prescribed authority to be blind or totally or permanently incapacitated;\n  and in such other cases as are prescribed, payment in whole or in part may, at the discretion of a prescribed authority, be made at any time after the date of entitlement.","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Application of war gratuity towards purchase of home for member","content":"#### 22 Application of war gratuity towards purchase of home for member\n\n  Upon the recommendation of a prescribed authority, made in pursuance of an application by a member, the Minister may authorize the then present value of the whole or portion of the war gratuity to which the member is entitled to be transferred to the War Service Homes Commissioner or any other authority approved by a prescribed authority for the purpose of being credited by the Commissioner or other authority, by way of deposit or otherwise, towards the cost of the erection or purchase of a dwelling‑house for the member, and the whole or portion of the war gratuity may, thereupon, be so transferred.","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"War gratuity inalienable except as prescribed","content":"#### 23 War gratuity inalienable except as prescribed\n\n  Except as otherwise provided by this Act, no war gratuity or part of a war gratuity shall be alienable, whether by way or in consequence of sale, assignment, charge, execution, bankruptcy or otherwise howsoever.","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"War gratuity to form part of estate on death after entitlement","content":"#### 24 War gratuity to form part of estate on death after entitlement\n\n  Where a person who is entitled to a war gratuity dies on or after the date of entitlement but before the date of payment, the amount of the war gratuity and interest shall form part of his or her estate, and may, subject to section fourteen of this Act, be paid to his or her personal representative or, if there is no personal representative, to such person or persons as a prescribed authority determines in accordance with the regulations.","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Provision in case of mentally unfit persons","content":"#### 25 Provision in case of mentally unfit persons\n\n  Where a prescribed authority is satisfied that any person to whom a war gratuity is payable is mentally unfit, payment of the war gratuity may be made for the benefit of that person or some or all of his or her dependants, to such person, in such manner, and upon such conditions as the prescribed authority directs.","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Provision for dependants when not adequately provided for by member","content":"#### 26 Provision for dependants when not adequately provided for by member\n\n  Where a prescribed authority is satisfied at any time prior to the date of entitlement of any member that the member has neglected or failed to provide adequately for some or all of the member’s dependants, the prescribed authority may direct that the whole or portion of the war gratuity to which the member would otherwise be entitled shall be credited and payable to those dependants or to some person in trust for them upon such trusts as the prescribed authority directs which shall, if the prescribed authority so directs, be set out in a deed of trust executed by that person.","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Interest on war gratuity","content":"#### 27 Interest on war gratuity\n\n  (1) Subject to this section, on the date of payment of the whole or the final balance of the war gratuity to which a person is entitled, compound interest at the rate of Six dollars fifty cents per centum per annum calculated on the basis of yearly rests from the date of entitlement to that date of payment shall be credited to the account of that person in the Register of War Gratuities on the amount of war gratuity in credit to that account and shall be deemed to be part of the war gratuity and paid accordingly.\n  (2) Interest shall not be credited with respect to any period subsequent to a date of five years and six months after the cessation of hostilities.\n  (3) Where the war gratuity is paid in full within three months from the date of entitlement, no interest shall be credited or paid.\n  (4) Where a member who has performed general qualifying service prior to the date twelve months after the cessation of hostilities is serving as a member on that date interest on the war gratuity to which the member is entitled shall be credited on the amount of war gratuity accrued at that date for the period from that date to the date of entitlement, and the amount of interest so credited shall be added to the war gratuity and be deemed to be part of it.\n  (5) Where a member who has performed general qualifying service prior to the date twelve months after the cessation of hostilities re‑enlists as a member after that date, interest shall be credited on the amount of war gratuity to which the member is entitled prior to such re‑enlistment for the period from the date on which the member was previously entitled to be credited with war gratuity to the date of entitlement, and the amount of interest so credited shall be added to the war gratuity and be deemed to be part of it.","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"War gratuity and interest not liable to income tax","content":"#### 28 War gratuity and interest not liable to income tax\n\n  The amount of:\n    (a) any war gratuity; or\n    (b) any interest credited or paid to any person in pursuance of this Act;\n  shall not be liable to income tax under any law of the Commonwealth or of a State or Territory of the Commonwealth, and shall not be deemed to be assets or ordinary income for the purposes of the Social Security Act 1991 or the Veterans’ Entitlements Act 1986.","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Offences","content":"#### 29 Offences\n\n  Any person who:\n    (a) obtains any war gratuity or interest which is not payable;\n    (b) obtains payment of any war gratuity or interest by means of any false or misleading statement; or\n    (c) makes or presents to the Minister, or to any officer or authority doing duty in relation to this Act or the regulations, any statement or document which is false in any particular;\n  shall be guilty of an offence.\n\nPenalty: Imprisonment for 6 months or 2 penalty units.","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Authority to borrow money for purposes of Act","content":"#### 30 Authority to borrow money for purposes of Act\n\n  (1) The Treasurer may, from time to time, under the provisions of the Commonwealth Inscribed Stock Act 1911‑1940, or under the provisions of any Act authorizing the issue of Treasury Bills, borrow such moneys as are necessary for carrying out or giving effect to this Act.\n  (2) The amount borrowed shall be issued and applied only for the expenses of borrowing and for the purposes of this Act.","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Appropriation of Consolidated Revenue Fund","content":"#### 31 Appropriation of Consolidated Revenue Fund\n\n  The Consolidated Revenue Fund is, to the necessary extent, hereby appropriated for the purposes of this Act.","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Regulations","content":"#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular prescribing matters providing for and in relation to:\n    (a) the appointment and tenure of office of prescribed authorities;\n    (b) the summoning of witnesses, the taking of evidence on oath and the production of documents; and\n    (c) penalties, not exceeding 1 penalty unit, for offences against the Regulations.","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Delegation","content":"#### 33 Delegation\n\n  (1) The Minister may, by writing under the Minister’s hand, delegate to any person all or any of the Minister’s powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.","sortOrder":31}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears to have remained true to its original intent throughout its legislative life. It was designed as a finite, time-limited payment scheme for WWII veterans and their families, and that is exactly what it delivered. Minor amendments (such as updating cross-references to the Veterans' Entitlements Act 1986 and Social Security Act 1991, and adding de facto spouse recognition) modernised terminology without altering the core purpose or scope."},"complexity_factors":["Multiple overlapping categories of qualifying service (overseas vs general) with detailed day-counting rules","Extensive cross-referencing between sections (e.g., sections 7, 8, 9, 10, 11, 12 must all be read together to determine entitlement)","Large number of defined terms (20+) with nuanced distinctions (e.g., 'overseas area' defined differently for two distinct time periods)","Discretionary powers held by 'prescribed authorities' introduce unpredictability into what are nominally calculable entitlements","Complex interest calculation rules with multiple exceptions based on timing and circumstances","Multiple classes of beneficiary (member, spouse, dependants, estate) with different rules for each","Interaction with other legislation (Veterans' Entitlements Act 1986, Social Security Act 1991, Naval Defence Act, etc.)","Specific date-driven rules tied to historical events (7 December 1941 — Australia's entry into Pacific war — creates a structural divide in qualifying service)","Disqualification provisions and exceptions to disqualifications add further conditional logic layers"],"plain_english_summary":"The Act authorises a one‑time lump‑sum \"war gratuity\" for Australians who served in WWII — and for their dependants or estates — with the amount based on months and whether service was overseas or domestic. \n\nPayments were tax‑free, largely protected from creditors, payable with interest if delayed, subject to withholding for misconduct, and formed part of Australia’s post‑war veteran settlement."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to have maintained its original scope as a World War II service gratuity scheme. While it has been amended over time (notably updating references to modern legislation like the Veterans' Entitlements Act 1986 and Social Security Act 1991), these appear to be machinery updates rather than scope expansion. The core purpose — providing gratuity payments for WWII service — remains unchanged."},"complexity_factors":["21 defined terms in the interpretation section, many with nested sub-definitions (e.g., 'member' breaks down into three service branches, each with their own detailed inclusions)","Dual-tier payment system (overseas vs general qualifying service) with different rates and overlapping eligibility rules","Extensive cross-referencing between sections — calculation of entitlements requires tracking definitions across sections 7, 8, 9, 11, and 12","Multiple nested exceptions and provisos, particularly in sections 7, 15, and 18 (e.g., 'except in cases where... and except in such other cases as are prescribed')","Complex temporal boundaries — different rules apply depending on whether service occurred before or after 7 December 1941, after cessation of hostilities, or after 30 June 1947","Conditional logic for interest calculations (section 27) with four separate subsections covering different scenarios","Discretionary powers scattered throughout ('prescribed authority may direct', 'Governor-General may proclaim', 'Minister may authorize') creating administrative rather than strictly legal entitlements","Interaction with other legislation — references to Veterans' Entitlements Act 1986, Social Security Act 1991, Naval Defence Act, Air Force Act, and Commonwealth Inscribed Stock Act"],"plain_english_summary":"**What this law does:**\n\nThis is the **War Gratuity Act 1945**, which established a one-off payment scheme for Australian service personnel who served during World War II. It was essentially a \"thank you\" payment from the government to recognise military service between 1939 and 1947.\n\n**Who it affects (or affected):**\n\n* **Members of the armed forces** — specifically people who served in the Navy, Army, or Air Force during WWII\n* **Their families** — spouses, children, parents, and other dependants could receive payments if the service member died before claiming it\n* **Women's services** — explicitly includes nurses and women in auxiliary services (WRANS, AWAS, WAAAF, etc.)\n\n**How the payments worked:**\n\nThe Act created two tiers of payment:\n* **Overseas service** — $7.50 per month for service abroad (higher rate)\n* **General service** — $1.50 per month for home service (lower rate)\n\nKey rules included:\n* Minimum 12 months' worth of overseas pay, even if you served less (unless you left for disciplinary reasons)\n* Extra 7 months' pay added if you died from war-related causes\n* Minimum 3 years' worth of pay for families of those who died and left totally dependent relatives\n* Payments were generally held for 5.5 years after the war ended, earning interest (6.5% compound), but could be released early for hardship, small amounts, or to buy a home\n* **Not a legal right** — the government could withhold or reduce payments based on conduct (desertion, serious disciplinary breaches, fraud)\n\n**Why it matters:**\n\nThis was a major post-war benefits scheme affecting hundreds of thousands of Australians. It recognised that returning servicemen and women deserved financial support, while giving the government discretion to withhold payments from those who'd behaved dishonourably. The Act also protected families — ensuring that if a soldier died, their dependants weren't left empty-handed. It established the principle that war gratuities were **tax-free** and generally couldn't be seized by creditors or sold off.\n\n**Notable features:**\n* The money was a \"free gift,\" not a legal entitlement — the government kept final say\n* Strong protections for families — money didn't go to the estate if the soldier died before the payout date, but directly to spouse/children/parents\n* Could be used as a deposit for a war service home\n* Fraud carried penalties of up to 6 months prison"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based solely on the Act text provided, the scope is fixed to service during the defined wartime periods and to qualifying service ending on or before 30 June 1947; the Act contains powers to limit classes (Proclamation) and to prescribe exceptions but includes no provision in the text that expands or narrows the stated temporal or subject‑matter scope beyond those definitions."},"complexity_factors":["Extensive definitions that condition entitlement (many defined terms such as overseas area, service abroad, member) (s.2)","Detailed day‑count and deeming rules for overseas and general qualifying service with exceptions and provisos (ss.7–9,11–12)","Discretion granted to prescribed authorities to withhold, defer or vary payments and to treat mitigating circumstances (s.6; ss.11,15,21,25–26)","Multiple temporal limits and proclamation powers that alter qualification windows (definitions and ss.9(3),10,18)","Payment timing, early‑payment carve‑outs and interest computation with caps and exclusions (ss.20–21,27)","Deductions and inalienability rules affecting how payments may be applied or charged (ss.16,23)","Administrative architecture: Register, Registrar, delegation, borrowing and appropriation provisions (ss.19,30–31,33)","Criminal penalties for false statements and regulatory penalties create compliance risks (ss.29,32)","Interactional complexity arising from overlaps (e.g. days counted under multiple paragraphs count once) and minimum‑payment/beneficiary allocation rules on death (ss.7(2),13–15,17,24)"],"plain_english_summary":"This Act creates a statutory war gratuity — a one‑off payment recorded in a Register of War Gratuities — payable to members of the Naval, Military or Air Forces (and prescribed classes) for specified overseas or general wartime service measured by day‑counts and date rules. Payments (set rates per month) are funded from Consolidated Revenue but are subject to prescribed‑authority discretion, eligibility exclusions, deductions for fraud or debts, timing rules, interest rules and limited early‑payment exceptions (see ss.3–4,6,12,16,20,27)."}},"importantCases":[],"_links":{"self":"/api/acts/war-gratuity-act-1945","history":"/api/acts/war-gratuity-act-1945/history","analysis":"/api/acts/war-gratuity-act-1945/analysis","conflicts":"/api/acts/war-gratuity-act-1945/conflicts","importantCases":"/api/acts/war-gratuity-act-1945/important-cases","documents":"/api/acts/war-gratuity-act-1945/documents"}}