Australian Soldiers' Repatriation Regulations 1919

Division 1.—Applications for Assistance.

Division 2.—Conditions governing Advances.

Part III.—Local Committees.

Part IV.—Industrial Committees—

Division 1.—Soldiers’ State Industrial Committees.

Division 2.—Soldiers’ Industrial Committees.

Part V.—Employment and Sustenance.

Part VI.—Living Allowances.

Part VII.—Vocational and Professional Training.

Part VIII.—Medical Treatment.

Part IX.—Furniture, Equipment and Businesses—

Division 1.—Furniture and Equipment.

Division 2.—Businesses, Plant, &c.

Part X.—Transportation.

Part XI.—Securities—

Division 1.—General.

Division 2.—Personal Securities.

Division 3.—Mortgage of Chattels.

Division 4.—Mortgage of Land.

Division 5.—Hire Purchase Agreement.

Division 6.—Register of Securities.

Part XII.—Miscellaneous.

3. In these Regulations, unless the contrary intention appears:—

“Applicant” means a person applying for assistance and benefits under the Act;

“Child” means the child of a deceased or incapacitated Australian soldier who—

(a) is, by reason of mental or physical disability, incapable of contributing to his own support; or

(b) is under the age of sixteen years.

“Comptroller” means the Comptroller of Repatriation appointed under the Act;

“Convalescent” means a returned soldier who has been discharged from Hospital, and who is declared by the Departmental Medical Officer, or Local Medical Officer, to be temporarily unfit for employment or vocational training;

“Country Local Committee” means a Local Committee other than a Local Committee declared by the Minister to be a Metropolitan Local Committee;

“Departmental Medical Officer” means the Senior Medical Officer of the Head Office in the State appointed under the Act;

“Dependants” mean such dependants of an Australian soldier as are entitled to assistance and benefits under the Act;

“Deputy Comptroller” means the Deputy Comptroller of Repatriation for a State appointed under the Act;

“Discharge” means discharge from the Naval or Military Forces of the Commonwealth;

“Incapacitated Soldier” means one whose capacity, as the result of the war, is less than it was at the time of his enlistment;

“Industrial Trainee” or “trainee” means an applicant entered for training in a workshop and includes an improver;

“Living Wage” means, in relation to an industry in any particular part of the Commonwealth, the minimum rate judicially fixed for that industry in that part of the Commonwealth by an industrial award of a Commonwealth Industrial Tribunal, or, in the event of there being no such award, at least the minimum judicially fixed by an industrial award of a State Industrial Tribunal, or, if a minimum has not been so fixed, then such minimum rate as is generally recognised for the particular locality;

“Local Committee” means a Local Committee appointed under the Act;

“Local Medical Officer” means a Medical Officer for a Local Committee area appointed under the Act;

“Orphan” means the child of a deceased soldier whose death was due to war service;

“Pension” means a pension granted under the War Pensions Act 1914–1916 or any amendment of that Act and includes a pension or similar allowance granted in pursuance of any Commonwealth or State Act;

“Principal Departmental Medical Officer” means the Senior Medical Officer of the Department, appointed under the Act;

“Soldier” means an Australian soldier within the meaning of the Act;

“The Act” means the Australian Soldiers’ Repatriation Act 1917–1918, and includes any amendment of that Act;

“The Department” means the Department of Repatriation;

“Totally and Permanently Incapacitated Soldier” means a soldier whose capacity, as a result of the war, has been so reduced as to preclude his earning other than a negligible percentage of a living wage, or who cannot be usefully employed in national workshops or provided with such other employment as is approved by a State Board, and whose total incapacity is likely to continue indefinitely;

“Vocational Training Committee” means a Vocational Training Committee appointed under these Regulations.

Part II.—General.

Division 1.—Applications for Assistance.

Applications how made.

4. Applications for assistance shall be made in writing to a Deputy Comptroller or to the Executive of a Country Local Committee in the manner and on the form approved by the Department, and shall set out the nature and extent of the assistance which the soldier or his dependants require, and the purposes for which the assistance is required.

Applications how dealt with.

5. Subject to these Regulations, applications shall be dealt with in the manner laid down by the Department in its General Orders from time to time.

Treatment of Applications

6. Applications for gifts shall, where not otherwise provided for, be determined by a Deputy Comptroller or by the Executive of a Country Local Committee in accordance with these Regulations. Applications for loans shall be determined by the State Board, except where otherwise provided in these Regulations.

Appeals to the State Board

7. (1) Where a Deputy Comptroller or the Executive of a Country Local Committee declines to grant the assistance applied for by an applicant, the applicant may appeal to the State Board against the decision, and shall state in writing the grounds for such appeal.

(2) Upon receipt of the appeal, the State Board shall consider the case, and may either grant or refuse the application.

Purpose of loan and ability of applicant.

8. A State Board, a Deputy Comptroller, or the Executive of a Country Local Committee in determining any application, shall be satisfied that the purpose of any assistance or benefit is likely to be achieved having regard to the character, fitness, and previous experience of the applicant, and shall take into consideration the assistance (if any) already received by the applicant.

Appeals to Commission.

9. (1) When a State Board declines to grant the assistance applied for by an applicant, the applicant may appeal against the decision, and shall state the grounds for such appeal in writing.

(2) Upon receipt of the appeal, the State Board shall reconsider the case and may either grant the application or forward the appeal and its recommendation thereon, together with the file, to the Commission for decision

(3) The decision of the Commission shall be final.

Maximum advances.

10. Notwithstanding anything contained in these Regulations, the Minister may, if he thinks fit, authorize the payment of a higher amount or the granting of property of a greater value than that authorized by any of these Regulations.

Division 2.—Conditions Governing Advances.

Interest on loans.

11. Except as otherwise provided in these Regulations, all assistance given to a soldier or his dependants shall be by way of loan, which shall bear interest at a rate not exceeding 5 per cent. per annum:

Provided that interest shall be charged only upon so much of the loan as exceeds £50.

Security for loans.

12. A State Board or the Executive of a Country Local Committee shall require any person to whom a loan is granted to execute such legal documents, and to give such available security as may be necessary effectively to secure repayment of the amount advanced.

Terms of repayment of loans.

13. A State Board, or the Executive of a Country Local Committee shall not grant a loan for a longer period than ten years, and in determining the terms of repayment of the loan regard shall be had to—

(a) The general circumstances of the person to whom the loan is granted;

(b) the purpose for which the loan is granted; and

(c) the rate of depreciation and the period within which the asset to be acquired is likely to become obsolete;

but the loan shall, as far as possible, be repayable in accordance with a schedule approved by the Minister.

Renewal of loans.

14. In any case where a person to whom a loan has been granted under these Regulations, has been unable to repay the whole, or any part, of the loan within the period fixed by a State Board, or the Executive of a Country Local Committee, and produces to the State Board satisfactory evidence that he has made proper use of such loan, the State Board may, if it thinks fit, upon an application for a renewal of the loan, grant the renewal for such period, and at such rate of interest and on such other conditions as it deems reasonable.

Writing off loans.

15. Where a borrower, who has obtained a loan from the Department, is unable to repay the amount due by him, a State Board may write off the whole or any portion of the amount due:

Provided that where the amount due exceeds One hundred pounds, a State Board shall refer the case, with a recommendation, to the Minister for determination.

Security for property allotted by way of loan.

16. (1) Where property is allotted by way of loan to any person the value of the property shall be regarded as a debt due by that person, and the assessed value shall be repayable in the same manner and at the same rate of interest as a loan of that amount.

(2) The repayment of the amount of the value of the property shall be effectively secured by such legal documents and such security as a State Board shall require the person to execute or furnish.

Inspection of property.

17. It shall be a condition of the grant of any assistance by way of loan under these Regulations that the person to whom the assistance is given shall at all reasonable times permit any person authorized in writing by a Deputy Comptroller or the Executive of a Country Local Committee to enter upon any land or premises upon which there is any property which has been purchased for or lent to the soldier or a dependant under these Regulations, and shall produce to that person such books, documents, and goods, and disclose to him such information as he desires in relation to the property.

Power to vary conditions of loans, gifts, &c.

18. (1) Subject to regulation 76, where a State Board or a Deputy Comptroller, or the Executive of a Country Local Committee has made any loan, gift, or promise of assistance to, or any contract with a soldier or a dependant of a soldier, a State Board may revoke or recall any loan, gift, promise of assistance or contract, or vary the whole or any part of the conditions attached thereto, if it is satisfied—

(a) that the conditions attached to the loan, gift, or promise, or the terms of the contract have not been, or are not likely to be carried out by the soldier or dependant, as the case may be;

(b) that, owing to the misconduct, idleness or inefficiency of the soldier or dependant, as the case may be, the purpose for which the loan, gift, promise or contract was granted or made is not likely to be achieved; or

(c) that, in view of the efficiency or industry of the soldier or dependant, as the case may be, the loan, gift, or other assistance should be increased or otherwise varied in favour of the soldier or dependant.

(2) When a State Board revokes, recalls, or varies any conditions in pursuance of the last preceding sub-regulation it shall forthwith furnish to the Minister a statement of the reasons for the revocation, recall, or variation.

Power to sell property.

(3) A State Board may authorize the sale, to the best advantage, of any property recovered or recalled under these Regulations, when a sale is deemed necessary and advantageous in the interests of the Department.

Authority to pay or allot to agent.

19. In any case where it is considered desirable by a State Board or a Deputy Comptroller or the Executive of a Country Local Committee, any gift or loan or any money or property granted under these Regulations to a soldier may be paid or handed on his behalf to such person as the State Board or Deputy Comptroller or the Executive of a Country Local Committee thinks fit.

Part III.—Local Committees.

Local Committees.

20. Local Committee areas, for which Local Committees shall be appointed, shall be the following:—

(a) In the case of metropolitan or city areas, such division thereof as the Minister approves;

(b) In the case of country districts, the Shire areas in New South Wales, Victoria and Queensland, the District Council areas in South Australia, the Road Board Districts in Western Australia, which areas shall also include any Municipal areas and in Tasmania the Municipal areas: Provided that where the Minister thinks it desirable any Shire, District Council or Road Board District area may be divided into two or more Committee areas: Provided further that where the Minister thinks it desirable, two or more Shire, District Council, or Road Board District areas may be grouped into one Committee area;

(c) In the case of any district of a State or Territory without a Local Government organization, such area as is fixed by the Minister.

Powers of Local Committees.

21. (1) A Local Committee shall have power as regards the area for which it is appointed—

(a) to raise funds for disbursement at its discretion for the benefit of soldiers or their dependants;

(b) to invite and receive contributions of land, stock, seed, plant, material, and other goods for allotment to applicants;

(c) to express approval or otherwise of any proposed inviting of contributions of money or gifts in kind or raising of money within its district for patriotic funds and funds in relation to the war, which are being or are to be raised locally for local disbursement;

(d) to organize voluntary services for the assistance of soldiers or their dependants in house-building, fencing, ploughing, seeding, harvesting, and in such other ways as the Local Committee deems beneficial to the applicant;

(e) to keep in touch with soldiers and the dependants of soldiers for the purpose of advising and assisting them when necessary; and

(f) to do all such other things as the Local Committee considers beneficial to soldiers and their dependants.

(2) Nothing in this regulation shall be deemed to authorize a Local Committee to enter into any undertaking which imposes any liability on the Minister.

Duties of Local Committees.

22. It shall be the duty of each Local Committee—

(a) to furnish to the State Office of the Department as required returns showing the transactions of the Committee on behalf of any soldier or dependant;

(b) to keep such records and books of account as may be necessary to record contributions received or moneys raised and any expenditure or allotment therefrom; and

(c) to submit once in every six months a statement of contributions received and expended, such statement to bear a certificate as to correctness signed by a competent auditor.

Local Committee Executive.

23. (1) For the purposes of the management of the affairs of a Local Committee the Minister shall appoint an Executive of the Committee consisting of seven members.

(2) The Minister may, for any reason which appears to him to be a good and sufficient reason, remove from office any member of the Executive of a Local Committee and another member shall be appointed in his place.

(3) Any member of the Executive of a Local Committee holding office at the commencement of these Regulations shall be deemed to have been duly appointed a member of the Executive.

(4) In addition to any of the powers and functions conferred on the Executive of a Local Committee by these Regulations, the Executive of a Local Committee shall have such powers and functions as the Local Committee may confer upon it.

Powers of Executive.

24. The Executive of a Local Committee shall act generally as local agents for the Department in regard to—

(i) the placing of men in employment; and

(ii) the supervision of the expenditure of money granted to an applicant from Departmental funds.

Duties of Executive.

25. It shall be the duty of the Executive of a Local Committee—

(a) to report to the State Office of the Department at such periods as are directed upon the progress of soldiers, or their dependants, within, the Local Committee area, who have received assistance from Departmental funds;

(b) to keep such records and to submit such returns with regard to expenditure of Departmental funds as may be required by the Department; and

(c) to keep such records and submit such returns as may be required by the Department with regard to applications for employment and assistance, and with regard to employment found and assistance granted.

Personal interest in applications.

20. Should any application be received for any benefits or assistance by the Executive of a Local Committee from any person who is a relative of a member of the Executive, or should any business transactions in which any member of the Executive is pecuniarily interested be brought up for the decision, of the Executive, the member being a relative or having such pecuniary interest, as the case may be, shall disclose his relation or interest to the Executive and shall refrain from taking part in any discussion which may arise, and shall refrain from voting:

Provided that nothing in this regulation shall prevent any member of the Executive from trading in the ordinary course of business with any returned soldier.

Appointment of secretary to an Executive.

27. The Executive of a Local Committee shall appoint a Secretary who shall also act as Secretary to the Local Committee.

Quorum.

28. Three members of the Executive of a Local Committee shall form a quorum.

Part IV.—Industrial Committees.

Division 1.—Soldiers’ State Industrial Committee.

Creation of State Industrial Committee.

29. For the purpose of facilitating the training of men in industrial establishments, there shall be created in each State a Soldiers’ State Industrial Committee.

Constitution.

30. The Minister shall form a Soldiers’ State Industrial Committee in the metropolis of each State, which shall consist of a Chairman to be appointed by the Minister, three nominees of the Chamber of Manufactures or other

representative organization of employers in the State, and three nominees of the Trades and Labour Council or other representative labour organization in the State.

Quorum for Committee.

31. At any meeting of a Soldiers’ State Industrial Committee, four members of the Committee, exclusive of the Chairman, comprising two representatives of employers and two of employees, shall form a quorum.

Powers and duties of Committee.

32. The Soldiers’ State Industrial Committee shall—

(a) receive and hear appeals from decisions forwarded by a Soldiers’ Industrial Committee; and

(b) consider opportunities for employment of soldiers or their dependants.

Division 2.—Soldiers’ Industrial Committees.

Constitution of Soldiers’ Industrial Committee.

33. The Minister may within any State appoint such Soldiers’ Industrial Committees as he thinks fit.

Powers of Soldiers’ Industrial Committees.

34. Any such Committee when appointed may decide after trial as to the suitability of a trainee for a particular calling and shall—

(a) consider opportunities for employment of soldiers or their dependants;

(b) assess the efficiency of the trainee;

(c) re-assess the trainee’s efficiency every three months; and

(d) deal with disputes between persons entered for training in private workshops, and the employer, and in particular disputes as to the ruling rate of wage.

Appeals to Soldiers’ State Industrial Committee.

35. Any party aggrieved by the decision of a Soldiers’ Industrial Committee shall have the right of appeal to the Soldiers’ State Industrial Committee, whose decision shall be final.

Part V.—Employment and Sustenance,

Sustenance whilst awaiting employment, &c.

36. (1) An application by a soldier to obtain employment may be lodged with the Department at any time after discharge.

(2) Applications for sustenance whilst awaiting employment shall, subject to regulation 39, be made within six months after the date of the discharge of the soldier.

Rates of sustenance while awaiting employment or while convalescent.

37. (1) A Deputy Comptroller or the Executive of a Country Local Committee, upon receipt of an application for employment from a soldier may provide the soldier with an opportunity of earning at least a living wage, and may, subject to regulation 40, grant to the soldier, until such time as he receives employment which enables him to earn a living wage, such sustenance as will insure—

(a) to a soldier without dependants a weekly income, inclusive of pension, of 42s.;

(b) to a soldier with a wife a weekly income, inclusive of their combined pensions, of 52s.;

(c) to a soldier with a wife and one child a weekly income, inclusive of their combined pensions, of 55s. 6d.;

(d) to a soldier with a wife and two children a weekly income, inclusive of their combined pensions, of 59s.;

(e) to a soldier with a wife and three children a weekly income, inclusive of their combined pensions, of 62s. 6d.;

(f) to a soldier with a wife and four children or more a weekly income, inclusive of the pensions payable to the soldier, his wife, and four children, of 66s,

(2) In the case of a convalescent, a Deputy Comptroller or the Executive of a Country Local Committee may, subject to regulation 40, pay sustenance at the rate provided under this regulation for such period as the Departmental Medical Officer or the Local Medical Officer specifies.

(3) A widower with a child shall be entitled to the same sustenance allowance under this regulation as if his wife were living.

(4) An unmarried soldier with an ex-nuptial child shall be entitled to the same sustenance allowance under this regulation as a widower with a child, but in respect of such child, not exceeding the amount contributed by him to its support.

(5) Friendly society benefits or other means except pensions shall not be be taken into consideration in determining the rate of sustenance under this regulation.

(6) Where a soldier who enlisted irregularly is discharged on account of such irregular enlistment, no sustenance shall be paid to him under this regulation.

(7) Where temporary employment is found by the Department for an applicant for the purpose of enabling him to earn portion of a living wage, the Deputy Comptroller or the Executive of a Country Local Committee may decrease the amount of sustenance, provided for under this regulation by the amount earned by the applicant in the temporary employment.

Issue of orders.

38. Where by reason of special circumstances a Deputy Comptroller or the Executive of a Country Local Committee considers it advisable a portion of the sustenance allowance payable to a soldier under regulation 37, may be granted in the form of orders for necessaries to the wife or children of the soldier.

Repeat application.

39. In the case of—

(a) an applicant who has failed to avail himself of an opportunity of employment, or has accepted, and has either voluntarily or involuntarily lost employment and makes a fresh application for employment; and

(b) an applicant who has failed to apply for sustenance within the time specified in regulation 36,

a Deputy Comptroller or the Executive of a Country Local Committee shall have power to grant sustenance, but such allowance shall not be continued for a period exceeding one week from the date of submission of application unless the case has been reconsidered by the Deputy Comptroller and there are special circumstances connected therewith which justify an extension of the period of payment of sustenance by him:

Provided that any soldier who has secured or has been provided with employment which substantially offers the same conditions and remuneration as his occupation prior to enlistment, shall unless he has lost such employment through causes directly attributable to war service or under circumstances which in the opinion of the Deputy Comptroller justify consideration of his case by the Commission, be precluded from any further grant of sustenance.

Application to Executive of Local committee.

40. Where an application has been submitted to the Executive of a Country Local Committee for sustenance under regulation 37, the Executive may grant sustenance for a period not exceeding four weeks, but if at the expiration of the four weeks the applicant is still unemployed, the sustenance allowance may be continued by the Executive subject to the approval of the Deputy Comptroller.

Applicant allotted land.

41. (1) In the case of an applicant who has been allotted land but who is awaiting possession, a Deputy Comptroller or the Executive of a Country Local Committee may, if temporary employment for the applicant is not available, grant sustenance at the rate applicable to his case under regulation until such land is available:

Provided that in any case where the application is made to the Executive of a Country Local Committee sustenance shall not be granted for a period of more than four weeks without the approval of the Deputy Comptroller.

(2) Where an approved applicant for land has not been allotted land, sustenance at the rate provided under regulation 37 may be granted if the applicant has submitted an application for employment.

Sustenance while awaiting production of land.

42. (1) Where the granting of sustenance to a land settler who is in necessitous circumstances may reasonably be expected to insure the success of his undertaking, sustenance may be granted to a land settler at any time during the first two years of his occupancy for a period not exceeding, or periods not exceeding in the aggregate, six months, in accordance with the following scale:—

(a) to a soldier who is unmarried such amount as will insure to him a weekly income (inclusive of pension) of £1;

(b) to a soldier who is married such amount as will insure to him a weekly income (inclusive of pension or combined pensions) of 30s.;

(c) for each child of a soldier a weekly amount of 2s. 6d:

Provided that the amount payable under paragraphs (c) of this sub-regulation shall not be payable for more than four children of any one soldier.

(2) Where the land settler is operating under a scheme controlled by a State, the sustenance payable under this regulation may be paid by and at the discretion of the State authority controlling the scheme.

(3) Where the land settler is not operating under a scheme controlled by a State, a Deputy Comptroller may grant the sustenance payable under this regulation after obtaining from the Executive of a Country Local Committee a report on the application.

Awaiting business.

43. A Deputy Comptroller or the Executive of a Country Local Committee may pay, for a period not exceeding three weeks, to any approved applicant who is awaiting a business, sustenance at the rate provided under regulation 37.

Vocational training.

44. A Deputy Comptroller, or the Executive of a Country Local Committee may, in the case of an application for a class of training approved by & Vocational Training Committee appointed under these Regulations, grant sustenance at the rate provided under regulation 37 to—

(a) an applicant entered for training in a technical school;

(b) a blind applicant receiving training in a special institution; and

(c) an applicant for training in a commercial occupation;

and may in addition, upon being satisfied as to the necessity therefor, grant to any such applicant an allowance not exceeding 3s. per week for travelling expenses:

Provided that a Deputy Comptroller or the Executive of a Country Local Committee may pending the approval of a Vocational Training Committee of the class of training, pay sustenance to an applicant under this regulation for a period not exceeding two weeks, upon the certificate of the Departmental Medical Officer or the Local Medical Officer, as the case may be, that the applicant is a fit subject for vocational training:

Provided further that a soldier undergoing training in pursuance of sub-regulation (5) of regulation 63 shall not be entitled to sustenance under this regulation.

Indentured apprentice.

45. A Deputy Comptroller or the Executive of a Country Local Committee, may in the case of an indentured apprentice, whose training in a particular industry has been interrupted by war service, grant sustenance during the time he is completing his apprenticeship at a rate which will bring his income (inclusive of pension) up to the wage he would have been earning in such industry had his apprenticeship not been interrupted.

Industrial trainee.

46. (1) A Deputy Comptroller may grant such sustenance to an industrial trainee as will insure that the trainee receives at least the minimum wage fixed by a Federal or State Industrial Tribunal for the particular industry, or where such wage has not been so fixed, such wage as is recognised in that industry as the rate operating in the district in which the trainee is undergoing training. The sustenance shall not be paid for a longer period than twelve months, unless the Deputy Comptroller is satisfied that the trainee is making reasonable progress.

(2) Any dispute arising as to what is the ruling wage in any particular industry shall be determined by a Soldiers’ Industrial Committee appointed under these Regulations.

(3) No deduction shall be made from any sustenance payable under this regulation on account of any personal pension received by the industrial trainee.

Sustenance awaiting limbs or appliances.

47. A Deputy Comptroller or the Executive of a Country Local Committee may grant sustenance at the rate provided under regulation 37, for such period as is certified to by the Departmental Medical Officer or Local Medical Officer, to an applicant who is awaiting the supply to him of artificial limbs or other surgical appliances, or who is undergoing out-patient treatment:

Provided that sustenance shall only be paid to an applicant during the period in which his occupation is interrupted on account of his awaiting the supply of artificial limbs or other surgical appliances or he is undergoing treatment.

Widow without children undergoing training.

48. A Deputy Comptroller may grant sustenance to a widow without children, whilst she is undergoing vocational or professional training, at such rate as will insure to her an income (inclusive of pension) of 35s. per week and may in addition upon being satisfied as to the necessity therefor grant to any such widow an allowance not exceeding 3s. per week for travelling expenses.

Part VI.—Living Allowances.

Incapacitated unmarried soldiers without dependants and incapacitated married soldiers.

49. A Deputy Comptroller may grant to a totally and permanently incapacitated soldier whilst he is resident in the Commonwealth, such allowance as will insure to him an income in accordance with Scale 1 in the Schedule.

(a) the case of any unmarried soldier may be referred to the Commission as a special case and be dealt with as such by the Commission;

(b) when a soldier who has dependants has been placed in a hostel established in pursuance of these Regulations, the allowance to be paid to him shall be determined by the Deputy Comptroller, but shall not exceed the rate provided under Scale 1 in the Schedule;

(c) a soldier who is a widower with children shall be entitled to the same allowance as if his wife were living.

Incapacitated unmarried soldiers with widowed mothers.

50. (1) A Deputy Comptroller may grant to a totally and permanently incapacitated unmarried soldier with a mother who is a widow and who was, prior to the enlistment of the soldier, and still is dependent upon him, such allowance whilst they are resident in the Commonwealth, as will insure to him an income in accordance with Scale 2 in the Schedule.

(2) Notwithstanding anything contained in the last preceding sub-regulation, a Deputy Comptroller may, should the soldier or the mother desire a separate allowance, grant—

(a) to the soldier such allowance as will insure a weekly income, inclusive of pension, of 42s.; and

(b) to the mother an allowance equal to the amount (if any) remaining after deducting the amount of the allowance payable to the soldier under this sub-regulation from the amount of the allowance payable in the particular case under the last preceding sub-regulation.

Incapacitated unmarried soldiers with mothers with incapacitated husbands.

51. (1) A Deputy Comptroller may grant, to a totally and permanently incapacitated unmarried soldier with a mother who—

(b) was married to such husband prior to the enlistment of the soldier; and

(c) was, prior to the enlistment of the soldier, and still is, dependent upon him,

such allowance, whilst the soldier and the mother are resident within the Commonwealth as will insure to the soldier an income in accordance with Scale 3 in the Schedule.

(2) Notwithstanding anything contained in the last preceding sub-regulation, the Deputy Comptroller may, should the soldier or the mother desire a separate allowance, grant—

(a) to the soldier such allowance as will insure to him a weekly income, inclusive of pension, of 42s.; and

(b) to the mother an allowance equal to the amount (if any) remaining after deducting the amount of the allowance payable to the soldier under this sub-regulation from the amount of the allowance payable in the particular case under the last preceding sub-regulation.

Incapacitated unmarried soldiers with incapacitated fathers.

52. (1) A Deputy Comptroller may grant to a totally and permanently incapacitated unmarried soldier with an incapacitated father who is a widower, and who was prior to the enlistment of the soldier, and still is, dependent upon him, such allowance whilst the soldier and the father are resident in the Commonwealth, as will insure to the soldier an income in accordance with Scale 4 in the Schedule.

(2) Notwithstanding anything contained in the last preceding sub-regulation, the Deputy Comptroller may, should the soldier or the father desire a separate allowance, grant—

(a) to the soldier such allowance as will insure to him a weekly income, inclusive of pension, of 42s.;

(b) to the father an allowance equal to the amount (if any) remaining after deducting the amount of the allowance payable to the soldier under this sub-regulation from the amount of the allowance payable in the particular case under the last preceding sub-regulation.

Widows of soldiers.

53. A Deputy Comptroller may grant to a widow of a deceased soldier, whilst she is resident in the Commonwealth, such allowance as will insure to her an income in accordance with Scale 5 in the Schedule.

Widowed mothers of deceased unmarried soldiers.

54. A Deputy Comptroller may grant to the widowed mother of a deceased unmarried soldier who was prior to his enlistment dependent upon him, and who is resident in the Commonwealth, such allowance as will insure to her an income in accordance with Scale 6 in the Schedule.

Widowed mothers of married soldiers.

55. A Deputy Comptroller may grant to the widowed mother of a deceased married soldier or of a totally and permanently incapacitated married soldier who was, prior to his enlistment, and in the case of the widowed mother of a totally and permanently incapacitated married soldier, still is, dependent upon him, and who is resident in the Commonwealth, such allowance as will insure to her an income in accordance with Scale 7 in the Schedule.

Mothers of deceased unmarried soldiers with incapacitated fathers.

56. A Deputy Comptroller may grant to the mother of a deceased unmarried soldier who—

(b) was married to such husband prior to the enlistment of the soldier; and who

(c) was prior to the enlistment of the soldier, dependent upon him,

such allowance, whilst she is resident within the Commonwealth, as will insure to her an income in accordance with Scale 8 in the Schedule.

Mothers of married soldiers with incapacitated husbands.

57. A Deputy Comptroller may grant to the mother of a deceased or totally and permanently incapacitated married soldier, who—

(b) was married to such husband prior to the enlistment of the soldier; and

(c) was, prior to the enlistment of the soldier, and in the case of the mother of a totally and permanently incapacitated married soldier, still is, dependent upon him,

such allowance, whilst she is resident within the Commonwealth, as will insure to her an income in accordance with Scale 9 in the Schedule.

Incapacitated fathers of deceased unmarried soldiers.

58. A Deputy Comptroller may grant to the incapacitated father of a deceased unmarried soldier who—

(a) is resident in the Commonwealth;

(b) is a widower; and

(c) was, prior to the enlistment of the soldier, dependent upon him,

such allowance as will insure to him an income in accordance with Scale 10 in the Schedule.

Incapacitated fathers of married soldiers.

59. A Deputy Comptroller may grant to the incapacitated father of deceased married soldier or of a totally and permanently incapacitated married soldier who—

(a) is a widower; and

(b) was, prior to the enlistment of the soldier, and in the case of the father of a totally and permanently incapacitated married soldier, still is, dependent upon him,

such allowance, whilst he is resident within the Commonwealth, as will insure to the father an income in accordance with Scale 11 in the Schedule

Allowances to solders in hospital.

60. (1) A Deputy Comptroller or the Executive of a Country Local Committee may, on receipt of a certificate from the Departmental Medical Officer or the Local Medical Officer, as the case may be, that the soldier is receiving treatment in a hospital or elsewhere, for disabilities due to or aggravated by war service, treat as a totally and permanently incapacitated soldier for the purposes of regulations 49 to 59 inclusive for such period as is specified in the certificate, any soldier who is not totally and permanently incapacitated, but who is, with the approval of the Departmental Medical Officer or Local Medical Officer, as the case may be, under such treatment; and for the purposes of this regulation the Executive may grant the allowances provided by regulations 49 to 59 inclusive:

Provided that a soldier without dependants shall only be granted an allowance under this regulation if, by reason of the fact that it is not expedient or practicable to arrange for his treatment in a military or other hospital, he is being medically treated in his own home or with friends:

Provided further that the Executive of a Country Local Committee shall not without the approval of the Deputy Comptroller, exercise the powers conferred by this regulation unless the soldier produces to the Executive the cards showing the amounts of pensions received by himself and his dependants under the War Pensions Act 1914–1916.

Part VII.—Vocational and Professional Training.

Vocational Training Committee.

61. The Minister may appoint in each State Vocational Training Committees consisting of such persons and having such powers and duties as the Minister directs.

Special duties of committee.

62. The Committees shall, in addition to any other powers and duties conferred or imposed upon them—

(a) determine any question referred to them under sub-regulation (4) of regulation 63; and

(b) periodically review the facilities for training in workshops and technical schools, and advise as to the nature or class of training conducted therein.

Training of soldiers.

63. (1) A Deputy Comptroller may, subject to sub-regulation (2) of this regulation, provide for the vocational training of a soldier who, owing to disabilities due to or aggravated by war service, is unable to follow the occupation in which he was engaged prior to his enlistment, or an occupation offering the same conditions and remuneration, and for the vocational or professional training of the widow of a soldier without children, and may pay such fees as are necessary for the purposes of training:

Provided that in the case of a widow of a soldier the total fees shall not exceed £40.

(2) Notwithstanding anything contained in sub-regulation (1) of this regulation, a Deputy Comptroller may, subject to such conditions as the Minister directs, grant vocational training to a soldier who was at the date of enlistment under the age of twenty years:

Provided that the continuance of the training or the payment of training fees training expenses and sustenance shall be dependent upon the receipt by the Deputy Comptroller of favorable reports as to the applicant’s progress.

(3) Applicants for training under this regulation shall be trained for such trades or callings as are approved by the Vocational Training Committee.

(4) If the applicant is aggrieved at the decision of the Deputy Comptroller trader this regulation, the Deputy Comptroller shall refer the case to the Vocational Training Committee for decision.

(5) Notwithstanding anything contained in sub-regulation (1) of this regulation, a Deputy Comptroller or the Executive of a Country Local Committee may in the case of a soldier who is in employment but desires to undergo a course of training in order to increase his efficiency or to qualify for another position, pay such fees and incidental expenses as will enable him to complete the necessary course of training.

(6) Any application for training under sub-regulations (1) and (2) of this regulation shall be made within six months after the date of discharge of the soldier:

Provided that where an applicant applies after the expiration of that period, a Deputy Comptroller may approve of the application if he is satisfied that there are special circumstances which justify the acceptance of the application.

Professional training.

64. (1) Where an applicant who is qualified to enter a university and who was at the date of enlistment under the age of twenty years, satisfies the State Board that he requires assistance to enable him to undertake a university course of professional training and that he is in a financial position to undertake the training with the assistance provided under this regulation, the State Board may grant to him such amount, not exceeding the sum of £150, as it thinks necessary to enable him to complete such training.

(2) Where an applicant who has not received assistance under the last preceding sub-regulation, produces evidence to the satisfaction of the State Board that he had, prior to enlistment, entered or intended to enter upon a university course or other course of professional training, the State Board may grant to the applicant any of the gifts and loans provided under sub-regulation (3) of this regulation:

Provided that an applicant who had not before enlistment entered upon such a course shall only be granted assistance under this sub-regulation if—

(a) he is not more than thirty years of age at the date of his application; and

(b) he applies for the assistance within six months after his discharge.

(3) Where a State Board is satisfied that gifts or loans should be granted under the last preceding sub-regulation it may—

(a) pay by way of gift from time to time the fees payable in connexion with the course;

(b) grant to the applicant by way of loan such sum as is necessary to purchase the books, instruments, and other articles required by him in connexion with the course;

(c) pay to the applicant by way of gift such allowance as will insure to him a weekly income (inclusive of his personal pension) of 42s. for an academic year, including the period ordinarily required to enable him to attend the qualifying examination for that year;

(d) pay to the applicant by way of loan such allowance as will insure to him a weekly income (inclusive of his personal pension) of 42s. for each subsequent academic year of his course, including the period ordinarily required to enable him to attend a qualifying examination for that year:

Provided that no allowance shall be paid under this sub-regulation in respect of the period between the termination of one academic year and the commencement of the next, except for such time as the attendance of the applicant at the University or other institution is compulsory.

(4) The applicant shall give personal security in Form A in the Schedule for the repayment of any amount or amounts granted under paragraphs (b) and (d) of the last preceding sub-regulation.

(5) The continuance of the assistance provided under this regulation shall be subject to the receipt from time to time by the State Board from the University or other institution of a report that the applicant is making satisfactory progress with his studies.

Training in Local Committee areas.

65. In any Local Committee area where a training institution approved by the Minister is established, the executive of a Country Local Committee may, on the advice of the Local Medical Officer and the Principal of the training institution, enter applicants for training in the institution for trades or occupations, for which classes formed in that area have been approved by the Deputy Comptroller, provided that the Executive shall not enter any applicant for training, unless it is satisfied that there is a reasonable prospect of employment within the Local Committee area upon completion of training.

Training of indentured apprentice.

66. In the case of an applicant, who was at the time of his enlistment an indentured apprentice, and whose training has been interrupted by war service, a Deputy Comptroller may make arrangements for providing such applicant with the benefit of any system of technical training which is available and recommended by a Vocational Training Committee.

Payment by employer.

67. (1) A Deputy Comptroller may make arrangements for finding employment for an applicant who has completed his vocational training, or for an applicant who is qualified for employment without such training.

(2) Pending the assessment of such trainee’s efficiency by a Soldiers’ Industrial Committee appointed under these Regulations, the Deputy Comptroller shall arrange with the employer that the employer shall pay to the trainee at least 40 per cent. of the minimum wage of the industry in which he is being trained, and at least such higher percentage as is assessed from time to time in accordance with these Regulations.

No penalty on account of industrial dispute.

68. No trainee shall be placed under any disability or penalized in any way by his employer or by the Department for any part he takes in any industrial dispute, but the trainee shall not be entitled to any assistance or benefits under these Regulations in respect of any time during which he takes part in any strike.

Part VIII.—Medical Treatment.

Classes of medical treatment.

69. Medical treatment may be provided by a Deputy Comptroller or the Executive of a Country Local Committee for soldiers whose disabilities are due to or aggravated by war service:

Provided that no such treatment shall be granted to any person where a Departmental Medical Officer or Local Medical Officer certifies that such person has been persistently guilty of conduct which has caused a recurrence of the ill-health or physical disability which was due to or aggravated by war service.

Surgical aids.

70. (1) In the case of an application for the supply of surgical aids a Deputy Comptroller may, on the recommendation of a Departmental Medical Officer, and upon being satisfied, that the injury sustained by the applicant is a direct result of military service, supply, renew, and repair artificial replacements and other necessary surgical appliances:

Provided that where a Departmental Medical Officer considers that renewals of or repairs to surgical appliances have been rendered necessary by the carelessness or wilful act of the applicant, the cost of effecting the renewals and repairs, or such portion of the cost as the Deputy Comptroller thinks fit, shall be borne by the applicant.

(2) Where a discharged soldier, on the order of a Departmental Medical Officer or Local Medical Officer, or a Medical Practitioner approved by the Deputy Comptroller, has been admitted to a hospital or other institution or place for the purpose of receiving treatment, a Deputy Comptroller may pay the fees and charges, not exceeding the rate approved by the Minister from time to time, for the treatment of the soldier in the hospital or institution or place.

Special treatment.

71. Where a soldier has been admitted under the provisions of the last preceding regulation to a hospital or other institution or place, and requires special treatment, facilities for which do not exist in the hospital or other institution or place, a Deputy Comptroller may pay, in addition to the fees and charges payable under the last preceding regulation, such sum as is necessary to provide the special treatment.

Soldiers undertaking own treatment.

72. Where a patient desires to undertake his own treatment, and requests his discharge from the hospital or other place in which he is undergoing treatment, he may be discharged without prejudice to his receiving further treatment in pursuance of these Regulations, but the Department shall not be liable for any expenditure incurred in respect of his case after he leaves the hospital or other place, except treatment provided upon a further application under these Regulations.

Part IX.—Furniture, Equipment, and Businesses.

Division 1.—Furniture and Equipment.

Furniture.

73. (1) Where it is necessary for the establishment in civil life of a soldier or the widow of a soldier, a State Board, or the Executive of a Country Local Committee, may grant an order for the supply of household furniture, not exceeding £35 in value in each case, under a Hire Purchase Agreement in accordance with Form D in the Schedule.

C.4215.—2

(a) an order under this sub-regulation shall not be granted where a gift of furniture has already been made; and

(b) no such order shall be granted to a settler under a Soldiers’ Land Settlement Scheme of a State.

(2) A Deputy Comptroller or the Executive of a Country Local Committee may, subject to the provisions of regulation 76, grant an order for the supply by way of gift of household furniture to a value not exceeding £25 in each case for the establishment in a home of—

(a) a widow of a soldier in necessitous circumstances with children; or

(b) a totally and permanently incapacitated soldier.

(3) No articles of furniture shall be purchased or granted under this regulation except such as are set forth in a schedule approved by the Minister and except at a cost not exceeding the price specified in that schedule.

Tools of trade and equipment.

74. A Deputy Comptroller or the Executive of a Country Local Committee may, subject to the provisions of regulation 76, grant to the soldier or the widow of a soldier an order for the supply, by way of gift, of such tools of trade, professional instruments or other articles of personal equipment, to a value not exceeding the sum of £10, as the Deputy Comptroller or the Executive deems necessary for the purpose of the calling of the soldier or the widow:

Provided that no such order shall be granted to a settler under a Soldiers’ Land Settlement scheme of a State.

Maximum grant.

75. A State Board may grant to a soldier or his widow who has received an order for the, supply by way of gift of tools of trade or other articles under the last preceding regulation, an order for the supply, under a Hire Purchase Agreement in accordance with Form D in the schedule, of tools of trade, professional instruments or other articles of personal equipment to such a value as will, together with the value of the tools of trade and other articles supplied in pursuance of the last preceding regulation, not exceed the sum of £50.

Chattels to remain property of Minister for five years.

76. (1) No furniture, tools of trade, or other articles of property supplied to a soldier or his widow in pursuance of sub-regulation (2) of regulation 73 or regulation 74 shall become the property of the soldier or the widow until the expiration of five years from the date on which the furniture, tools of trade, or other articles or property came into the possession of the soldier or the widow.

(2) Until the expiration of that period, the furniture, tools of trade, or other articles or property, although in the possession of the soldier or the widow, shall remain the property of the Minister.

(3) The Minister may, at any time during the period of five years, if not satisfied that the furniture, tools of trade, or other articles or property are being put to proper use, require their return.

Orders not to be transferred.

77. (1) No person to whom an order is granted under this Part shall transfer the order to any other person.

(2) No trader or person to whom an order granted under this Part is presented shall supply to the person presenting the order any money or goods in lieu of the goods specified in the order.

Division 2.—Businesses, Plant, &c.

Small businesses, &c.

78. Subject to regulation 159 a State Board may make an advance by way of loan for the purchase of a business, plant, stock, or live stock, not exceeding sum of £150 in each case, to—

(a) the widow of a soldier with one or more children;

(b) a married soldier incapacitated to the extent of being unable to engage in his usual occupation; or

(c) a soldier who, immediately prior to enlistment, was dependent for his living upon a business owned and conducted by him, and disposed of the business in order to enlist, and who satisfies the State Board that he possesses the experience and ability to conduct with a reasonable prospect of success the business applied for:

Provided that the State Board may in a special case advance an amount not exceeding £250 with the approval of the Minister:

Provided further that an advance for the purchase of live stock will only be made where the applicant is not eligible to secure such assistance under the Land Settlement Scheme of the State in which he resides.

Part X.—Transportation.

Free passages from the Commonwealth

79. If it appears to a State Board that, in the light of medical opinion and general circumstances it would be of advantage to an incapacitated soldier that he should be returned to his relatives or friends living outside the Commonwealth, the State Board, if satisfied that such relatives or friends are prepared to care for him, may grant a free passage to the soldier to enable him to return to them.

Passages outward to wives of incapacitated soldiers.

80. A State Board, in circumstances similar to those set out in the last preceding regulation, may grant to the wife and children of an incapacitated soldier or to the widow or orphan of a deceased soldier, a free passage to a place outside the Commonwealth.

Passages to England for wives of soldiers discharged in England.

81. A State Board, if satisfied that the soldier is being satisfactorily cared for, may grant a free passage to England to the wife and children of an incapacitated soldier who has been discharged in England, and has expressed his desire to remain there.

Free passages to the Commonwealth.

82. A State Board may grant a free passage to—

(a) the widow or orphan of a deceased soldier, desiring to return to relatives or friends in Australia;

(b) the wife and children of a soldier if she desires to join her husband in Australia; or

(c) the fiancée of a soldier, upon the application of the soldier, provided he furnishes sufficient guarantees for the repayment of the passage-money in the event of proof of marriage not being forthcoming within one month after the arrival of the fiancée in the Commonwealth.

Refund of passage money.

83. In any case where a person who would have been eligible to receive a free passage under regulations 79 to 82 has paid his own passage-money, a State Board may, at any time, refund to the person an amount not greater than the amount which would, under the circumstances, have been paid by the Department.

Equal treatment.

84. All applications for free passages shall be dealt with on the basis of equal treatment irrespective of rank at a cost to be approved by the Minister and the cost may include land transportation charges.

Transfer to be beneficial.

85. No application for a free passage shall be granted in the absence of satisfactory evidence that the person who forms the subject of the application is likely to be benefitted by the transfer to the desired destination.

Passages granted once only.

86. Not more than one free passage shall be granted in respect of any one person.

Soldiers serving other than Australian Forces.

87. An Australian soldier who has served during the present war in the Naval or Military Forces of any part of the King’s Dominion, other than the Commonwealth, or who, having obtained his discharge from the Naval or Military Forces of the Commonwealth, has enlisted for service in the Naval or Military Forces of some other portion of the King’s Dominions, may, upon application within six months from the date of his discharge, be granted by a State Board a free passage to the Commonwealth.

Fares to employment.

88. Where an applicant is being sent to employment, obtained either by himself or through the agency of the Department, a Deputy Comptroller or the Executive of a Country Local Committee may pay the fare of the applicant to the place of employment:

(a) where an applicant has previously had his fare paid for employment purposes, the Deputy Comptroller or the Executive of a Country Local Committee shall not approve of any further grant of fares unless it is justified by special circumstances; and

(b) no grant for fares under this regulation shall be made by the Deputy Comptroller or the Executive of a Country Local Committee where, in accordance with custom, the employer should pay the fare.

Fares for medical treatment.

89. (1) A Deputy Comptroller or the Executive of a Country Local Committee may, in the case of an applicant who is required, on the advice of a Departmental Medical Officer or Local Medical Officer, to travel—

(a) to obtain medical treatment;

(b) for restoration of his health;

(c) to be fitted for artificial replacements or other surgical appliances; or

(d) to proceed to hospital;

grant his fare to and from his place of treatment together with sustenance in accordance with regulation 37, and a travelling allowance of 7s. 6d. per day when travelling by land, and 3s. per day when travelling by sea:

Provided that travelling allowance shall not be payable unless the travelling necessitates the applicant’s absence from his home for one or more nights.

(2) A Deputy Comptroller or the Executive of a Country Local Committee may, on the advice of the Departmental Medical Officer or the Local Medical Officer as the case may be, authorize an attendant to accompany a soldier who is travelling to hospital and may provide for the attendant on the forward journey a fare of the same class as the patient, and on the return journey a second-class fare, and in addition an allowance not exceeding 10s. per day for such period as is considered reasonable to complete the forward and return journeys.

(3) A Deputy Comptroller or the Executive of a Country Local Committee may, only in special cases, on the advice of a Departmental Medical Officer or Local Medical Officer, as the case may be, authorize the payment of first-class fares with or without sleeping berths.

Payment of removal expenses.

90. A Deputy Comptroller or the Executive of a Country Local Committee may pay such fares and freights as are necessary to transfer an applicant and his family to a locality where the applicant—

(a) is about to enter into occupation of land; or

(b) is about to establish himself in business; or

(c) has obtained employment and desires to establish his home:

(1) A Deputy Comptroller or the Executive of a Country Local Committee may pay such freights on household belongings as are reasonable, but shall not authorize any such payment in any case where it appears that the applicant could dispose of his household belongings in the district he is leaving and purchase similar articles at the place of his destination without loss to himself; and

(2) No applicant shall be granted assistance under this regulation on more than one occasion.

Part XL—Securities.

Division 1.—General.

91. In this Part unless the contrary intention appears—

Definition.

“security” means a security in accordance with a form contained in the Schedule for an advance under the Act.

Form of security.

92. A security may be in accordance with such form in the Schedule as is applicable or such other form as the Minister approves.

Security.

93. A security may be for a past, present or future advance under the Act.

Rights of Minister under securities.

94. (1) A security shall confer upon the Minister all the rights and powers conferred by the Act and these Regulations in respect of that security, and in addition, all rights and powers which a security in that form would confer upon the Minister under any other law.

(2) A security shall not be liable to be avoided, invalidated, postponed or defeated, or have its operation lessened, weakened or restricted by any law of the Commonwealth or a State inconsistent with the Act and these Regulations.

Securities not subject to moratorium law.

95. A security and the rights and powers conferred upon the Minister by a security and by these Regulations shall not be subject to or affected by any moratorium law.

Variation of forms.

96. Any form of security may be varied by additions or deletions to make it suitable for any particular case, and a security in the form as so varied shall be a security to which these Regulations apply.

Securities by minors.

97. An infant or a minor may give a security and the security shall have the same effect and may be enforced to the same extent as if the person giving the security were not an infant or a minor.

Effect of security not to be lessened.

98. The force and effect of a security shall not be lessened, weakened, defeated or avoided by reason of—

(a) any extension of time for the payment of money or for the doing of any act or other variation of its conditions granted by the Minister or any officer of the Commonwealth, to the person who gave the security or to any other person, but the security shall have effect in all respects as if the time or condition as so extended or varied had at all material times appeared in the security in lieu of the time or condition therein appearing; or

(b) any accidental misdescription of property or premises or any clerical error or omission, and the security shall be read and have effect in all respects as if such misdescription, error or omission had been corrected and the security had at all material times appeared as so corrected.

Attestation of signatures.

99. (1) The signature of a person giving a security may be attested by any person before whom, under the Statutory Declarations Act 1911, a statutory declaration may be made or by an officer of the Department or, with the approval of the Comptroller or a Deputy Comptroller, by any two persons.

(2) It shall not be necessary for a security to be under seal and a security shall, without sealing, be as valid and enforceable as if sealed by the person giving it.

Action by State Board or officer to be deemed action by Minister.

100. Any action to be taken or act to be done or acknowledgment or consent to be given by the Minister under these Regulations shall be deemed to have been duly taken, done or given by the Minister if taken, done or given by a State Board or by an officer of the Department pursuant to a delegation from the Minister or a State Board, or in exercise of any general or special authority from the Minister or a State Board to take that action or class of actions or to do that act or class of acts or to give that acknowledgment or consent or class of acknowledgments or consents.

Service of notices, &c.

101. Any consent, demand, requirement, notice or application by the Minister to be given to or made to or upon or served upon a person giving a security under these Regulations shall be deemed to have been duly given, made or served if signed for or on behalf of the Minister and posted in a prepaid letter addressed to the person giving the security at the address stated in the security, and shall be deemed to have been received by that person at the time at which in the ordinary course of post it would have reached that address.

Evidence of liability under security.

102. Whenever a security is put in suit by the Minister a certificate under the seal of the State Board for the State in which the proceedings are brought stating the amount then due to the Minister under the security for principal and interest shall be evidence of the matters stated.

Court may order penalty to be recovered by distress.

103. (1) Whenever a Court under the powers conferred by these Regulations—

(a) imposes a penalty on any person; or

(b) orders any person to pay any money to the Minister—

the Court may at the same time or at any subsequent time on the application of the prosecutor or of the Minister order—

(i) that the penalty or money be recovered by distress, and in default of distress the person may be imprisoned for a period not exceeding three months; or

(ii) that in default of payment of the penalty or money forthwith or within a time stated in the order the person be imprisoned for a period not exceeding three months.

(2) Whenever a Court under the powers conferred by these Regulations orders any person to deliver any chattels to the Minister the Court may at the same time or at any subsequent time on the application of the prosecutor or of the Minister order that, in default of delivery of the chattels or payment of the value thereof to the Minister forthwith or within a time stated in the order, the person be imprisoned for a period not exceeding three months.

Division 2.—Personal Securities.

Form of security for loan.

104. A security for the repayment of an advance of money by way of loan may be in Form A in the Schedule.

Obligation to repay amount lent.

105. A security in Form A imposes upon the borrower an obligation to repay the full amount lent and each instalment thereof and to pay all interest thereon at the times and at the place and in the manner fixed by the security.

Effect of non-compliance with obligations.

106. If any obligation imposed upon a borrower by a security in Form A or by these Regulations is not complied with or if the borrower becomes bankrupt or insolvent or makes any composition with or assignment of his estate to or for the benefit of his creditors, the full amount secured by the security shall become immediately due and payable by the borrower and recoverable by the Minister.

Division 3.—Mortgage of Chattels.

Form of security for advance on chattels.

107. (1) A security for an advance of money upon chattels may be in Form B in the Schedule.

(2) Form B may be used for a mortgage of—

(a) specific chattels; or

(b) the chattels constituting the stock-in-trade for the time being of a business.

Obligations under a mortgage of specific chattels

108. Unless it is otherwise specifically provided in the mortgage, a mortgage in Form B of specific chattels imposes upon the mortgagor—

(a) an obligation to repay the full amount lent and each instalment thereof and to pay all interest thereon at the times and at the place and in the manner fixed by the mortgage;

(b) an obligation not to sell, dispose of, mortgage, or part with the possession of any of the mortgaged chattels or remove any of them from the premises where they are situated as stated in the mortgage;

(c) an obligation to keep the mortgaged chattels in good and substantial repair and to preserve them from damage or destruction and to substitute other chattels of a similar kind and of not less value for any of the mortgaged chattels which cease to exist or are destroyed, damaged or deteriorated (which substituted chattels shall for all purposes of the mortgage and these Regulations be included in the term “mortgaged chattels”);

(d) an obligation duly and promptly to pay and discharge and keep paid and discharged all rents, rates, taxes, and outgoings of whatsoever kind payable or chargeable upon or in respect of the mortgaged chattels or any of them and the premises where the mortgaged chattels are situated, and to produce and hand over receipts evidencing such payment whenever required so to do by the Minister;

(e) an obligation to insure and keep insured the mortgaged chattels against fire in the name of the Minister in an office approved, by the Minister for that purpose for the full amount secured by the mortgage;

(f) an obligation to pay, and, whenever required by the Minister so to do, to produce and hand over to the Minister receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue; and

(g) an obligation to permit any officer of the Department to enter the premises where the mortgaged chattels or any of them are situated at all reasonable times and inspect the chattels.

Mortgaged chattels charged for the benefit of the Minister.

109. A mortgage in Form B of specific chattels charges for the benefit of the Minister—

(a) the mortgaged chattels and each and every of them;

(b) any chattels substituted by the mortgagor for the mortgaged chattels or any of them; and

(c) where the mortgaged chattels are live stock—the progeny of the mortgaged chattels and of any chattels substituted for the mortgaged chattels—

with the full amount lent and all interest payable under the mortgage.

Charge on mortgaged chattels not to be lessened.

110. The charge of the Minister under a mortgage in Form B of specific chattels—

(a) shall not be lessened, weakened, postponed, defeated, avoided or discharged by any subsequent sale, disposition or mortgage of the mortgaged chattels; and

(b) shall be subject to any prior existing legal charge upon the mortgaged chattels.

Obligations of mortgagor.

111. Unless it is otherwise specifically provided in the mortgage, a mortgage in Form B of the chattels constituting the stock-in-trade of a business imposes upon the mortgagor—

(a) an obligation to repay the full amount lent and each instalment thereof and to pay all interest thereon at the times and place and in the manner fixed by the mortgage;

(b) an obligation not to sell, dispose of, mortgage or part with the possession of any of the mortgaged chattels or remove any of them from the premises where they are situated as stated in the mortgage otherwise than in the ordinary and usual course of trade in that business;

(c) an obligation to replace from time to time with other chattels of a similar kind and of not less value all mortgaged chattels which are destroyed, damaged or deteriorated, or sold or disposed of in the course of trade so that the value of the stock-in-trade of the business shall not at any time fall below its value at the date of the mortgage (which other chattels shall for all purposes of the mortgage and these Regulations be included in the term “mortgaged chattels”);

(d) an obligation to pay and discharge and keep paid and discharged all rents, rates, taxes, and outgoings whatsoever payable on or in respect of the mortgaged chattels and the premises where the mortgaged chattels or any of them, are situated and to produce receipts evidencing such payment whenever required so to do by the Minister;

(e) an obligation to insure and keep insured the mortgaged chattels against fire in the name of the Minister in an office approved by the Minister for that purpose for the full amount secured by the mortgage;

(f) an obligation to pay and, whenever required so to do by the Minister, to produce and hand over to the Minister receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue; and

(g) an obligation to permit any officer of the Department to enter the premises where the mortgaged chattels or any of them are situated at all reasonable times and inspect the chattels and all business books and documents of the mortgagor.

Charge on stock-in-trade for benefit of Minister.

112. A mortgage in Form B of the chattels constituting the stock-in-trade of a business charges for the benefit of the Minister the stock-in-trade of the business for the time being on the premises specified in the mortgage with the full amount lent and all interest payable under the mortgage.

Charge on stock in-trade not to be lessened.

113. The charge of the Minister under a mortgage in Form B of the chattels constituting the stock-in-trade of a business—

(a) shall not be lessened, weakened, postponed, defeated, avoided or discharged by any subsequent sale, disposition or mortgage of the mortgaged chattels other than a sale or disposition in the ordinary and usual course of trade in that business; and

(b) shall be subject to any prior existing legal charge upon the mortgaged chattels.

Sale of stock-in-trade.

114. For the purposes of the two last preceding regulations a sale or disposition of the whole or a substantial part of the stock-in-trade of the business is not a sale or disposition in the ordinary and usual course of trade in that business.

Effect of non-compliance with obligation under mortgage.

115. If any obligation imposed upon a mortgagor by a mortgage in Form B or by these Regulations is not complied with, or if the mortgagor becomes bankrupt or insolvent or makes any composition with or assignment of his estate to or for the benefit of his creditors—

(1) the Minister may—

(a) enter, if necessary by force, any premises where the mortgaged chattels or any of them are or are reasonably suspected to be and take possession of and remove the mortgaged chattels;

(b) sell the mortgaged chattels or any of them either by auction or private contract, and may apply the proceeds of the sale—

Firstly—in reimbursing the expenses of the sale;

Secondly—in payment of any interest payable under the mortgage;

Thirdly—in repayment of the amount lent and due under the mortgage; and

Fourthly—in payment to the mortgagor of any balance then remaining; or

retain the mortgaged chattels or any of them without sale;

(c) recover from the mortgagor the full amount lent and all interest payable under the mortgage after giving the mortgagor credit for—

(i) any amounts repaid by the mortgagor;

(ii) the net proceeds of the sale of any of the mortgaged chattels which have been sold by the Minister; and

(iii) the value ascertained by agreement with the mortgagor or by the valuation of an independent valuer of any of the mortgaged chattels retained by the Minister without sale; or

(2) the Minister may, without having recourse to the mortgaged chattels, recover from the mortgagor the full amount lent and all interest payable under the mortgage after giving credit for any amount repaid by the mortgagor; or

(3) if the obligation not complied with is the obligation to insure and keep insured the mortgaged chattels, the Minister may insure and keep insured the chattels and the cost of such insurance shall be added to the amount due under the mortgage and for all purposes of the mortgage and these Regulations be deemed to be included in the term “amount lent.”

Mortgage of chattels to have effect of bill of sale.

116. A mortgage of chattels in Form B shall without filing or registration in accordance with the laws relating to bills of sale in the State in which the mortgaged chattels are situated have the full force and effect of a bill of sale duly and validly filed, registered and renewed and in force under those laws.

Penalty for sale of chattels.

117. (1) If any chattels the subject of a mortgage in Form B are without the consent in writing of the Minister sold, disposed of, or removed or dealt with in breach of or non-compliance with any obligation imposed upon the mortgagor by the mortgage or by these Regulations, the mortgagor shall be guilty of an offence.

Penalty: Fifty pounds or three months’ imprisonment.

(2) On the conviction of a mortgagor for an offence under this regulation, the Court may, in addition to imposing a penalty—

(a) order the defendant to pay to the Minister the full amount of principal and interest due under the mortgage; or.

(b) order the defendant or any other person in possession of the mortgaged chattels or any of them to forthwith deliver the chattels to the Minister.

Division 4.—Mortgage of Land.

Form of mortgage of land.

118. (1) A security for an advance of money upon land may be in Form C in the Schedule.

(2) Form C may be used for a mortgage of any right, title, estate or interest to or in land, whether freehold or leasehold, and whether or not the land is under the operation of the Torrens Acts of the States.

Subject-matter of mortgage of land.

119. It shall not be necessary to specify in a mortgage in Form C the right, title, estate or interest of the mortgagor to or in the mortgaged land, and unless otherwise stated in the mortgage, the mortgage shall extend to and mortgage—

(a) the whole right, title, estate, and interest of the mortgagor at the date of the mortgage to and in the mortgaged land; and

(b) all buildings, erections, fixtures, fences, ways, waters, water-courses, liberties, privileges, easements, rights and advantages whatsoever appertaining or reputed to appertain to the mortgaged land or any part thereof, or at the date of the mortgage demised, occupied or enjoyed with or reputed or known as part or parcel of or appurtenant to the mortgaged land or any part thereof.

Obligations under a mortgage of land.

120. Unless it is otherwise specifically, provided in the mortgage, a mortgage in Form C imposes upon the mortgagor—

(a) an obligation to repay the full amount lent and each instalment thereof and to pay all interest thereon at the times and place and in the manner fixed by the mortgage;

(b) an obligation not to sell, dispose of or part with the possession of the mortgaged land or any part thereof without the consent in writing of the Minister;

(c) an obligation to duly and promptly pay and discharge and keep paid and discharged all rates, taxes and outgoings of whatsoever kind payable or chargeable upon or in respect of the mortgaged land and to produce and hand over receipts evidencing such payment whenever required so to do by the Minister;

(d) an obligation to repair and at all times during the continuance of the mortgage to keep in good and substantial repair and condition all buildings and improvements on the mortgaged land;

(e) an obligation to permit any officer of the Department to enter upon the mortgaged land at all reasonable times and to inspect the same and every part thereof and all buildings and improvements thereon;

(f) where the mortgaged land is a lease or leasehold or other than a full unencumbered fee-simple estate, an obligation to duly and promptly pay all amounts and observe and perform all covenants, conditions and agreements to be paid, observed and performed by the mortgagor or the persons from whom he derives title in order to keep the title of the mortgagor to the mortgaged land in full force and virtue; and

(g) an obligation to produce and hand over to, and leave in the custody of, the Minister, during the continuance of the mortgage, all title deeds and documents whatsoever in the possession, or under the control, of the mortgagor evidencing the right, title, estate or interest of the mortgagor to or in the mortgaged land.

Obligations to insure buildings against fire.

121. (1) When a mortgage in Form C provides that the mortgagor shall insure buildings against fire, the mortgage imposes upon the mortgagor—

(a) an obligation to insure and keep insured against fire, in the name of the Minister and in an office approved by him for that purpose, all buildings on the mortgaged land to the full amount specified in the mortgage for that purpose or if no amount is specified then to the full insurable value of the buildings; and

(b) an obligation to pay and whenever required so to do by the Minister to produce and hand over to the Minister receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue.

(2) If the obligation to insure and keep insured is not complied with, the Minister may insure and keep insured the buildings, and the cost of such insurance shall be added to the amount due under the mortgage and for all purposes of the mortgage and these Regulations shall be deemed to be included in the term “amount lent.”

Charge on land for benefit of Minister.

122. A mortgage in Form C charges, for the benefit of the Minister, the mortgaged land with the full amount lent and all interest payable under the mortgage.

Charge of Minister not to be lessened.

123. The charge of the Minister under a mortgage in Form C—

(a) shall not be lessened, weakened, defeated, avoided, postponed or discharged—

(i) by any subsequent sale, disposition, mortgage or parting with the possession by the mortgagor of the mortgaged land (whether with or without the consent of the Minister); or

(ii) by any person other than the mortgagor subsequently acquiring a legal or equitable right, title, estate or interest to or in the mortgaged land;

(b) shall be subject only to the rights of any person other than the mortgagor entitled to—

(i) any prior existing legal estate or interest in the land; or

(ii) any prior existing equitable right, title, estate or interest to or in the land, of which notice in writing has been given to the Minister on or before the date of the mortgage; and

(c) shall not affect the right of the Minister to recover from the mortgagor the full amount lent and all interest payable under the mortgage in the event of the mortgaged land being sold or disposed of with the consent of the Minister.

Effect of non-compliance with mortgage of land.

124. If any obligation imposed upon a mortgagor by a mortgage in Form C or by these Regulations is not complied with, the Minister may—

(a) recover from the mortgagor in any Court of competent jurisdiction the full amount lent and all interest payable under the mortgage; or

(b) apply to a Justice of the High Court or of the Supreme Court of the State in which the land is situated for an order for sale of the mortgaged land.

Application for order for sale.

125. An application for an order for sale may be made by summons or motion in accordance with the rules of procedure of the Court and on the hearing thereof the Justice may—

(a) order the mortgagor to repay to the Minister within a time specified in the order the full amount lent together with all interest payable under the mortgage;

(b) order that in default of payment within the time specified the Minister may sell in the manner directed by the order all the right, title, estate and interest of the mortgagor to and in the mortgaged land at the date of the mortgage; and

(c) order the mortgagor to pay the costs of and incidental to the order.

Application of proceeds of sale.

126 (1) The proceeds of the sale of any land pursuant to an order of the Court under these Regulations shall be applied as follows:—

Firstly—in reimbursement of the costs of and incidental to the order and the expenses incurred in selling and conveying the land to the purchaser;

Secondly—in payment of any interest payable under the mortgage;

Thirdly—in repayment of the amount lent and due under the mortgage; and

Fourthly—in discharge of any subsequent mortgage of or charge upon the land (of which the Minister has been notified in writing) in the order of priority in which the Minister has been notified thereof,

and the balance (if any) then remaining shall be payable to the mortgagor.

(2) In the event of the proceeds of the sale of the land not being sufficient to fully pay the said costs, expenses, interest and amount lent and due under the mortgage, the amount of the deficiency shall be recoverable from the mortgagor by the Minister in any Court of competent jurisdiction.

Conveyance of land by Minister to vest title in purchaser.

127. A conveyance or transfer signed by the Minister conveying or transferring to the purchaser any land sold pursuant to an order of a Justice under these Regulations shall vest in the purchaser all the right, title, estate and interest of the mortgagor to and in the land at the date of the mortgage, freed and discharged from all estates, interests, mortgages and charges of whatsoever nature created or granted by the mortgagor after that date.

Mortgage not required to be registered.

128. Registration of a mortgage in Form C in a registry established under the laws of a State shall not be necessary to protect the rights conferred upon the Minister by the mortgage or by the regulations, but the Minister may if he think fit register the mortgage in any such registry or take any action he deems advisable to have notice of the mortgage inserted in any such registry.

Division 5.—Hire Purchase Agreements.

Form of security for advance under hire purchase agreement.

129. A security for an advance by way of sale of chattels upon hire purchase may be in Form D in the Schedule.

Obligations under hire purchase agreement.

130. Unless it is otherwise specifically provided in the agreement, a hire purchase agreement in Form D imposes upon the hirer—

(a) an obligation to pay to the Minister the full amount of hire payable under the agreement at the times and at the place and in the manner fixed by the agreement;

(b) an obligation not to sell, dispose of, mortgage or part with the possession of the chattels or any of them or remove them or any of them from the premises where they are situated as stated in the agreement;

(c) an obligation to keep the chattels in the hirer’s own custody and to keep them in good and substantial repair and to preserve them from damage, destruction or deterioration;

(d) an obligation to duly and promptly pay and discharge and keep paid and discharged all rents, rates, taxes and outgoings of whatsoever kind payable or chargeable upon or in respect of the chattels and the premises where the chattels or any of them are situated and to produce and hand over receipts evidencing such payment whenever required so to do by the Minister;

(e) an obligation to insure and keep insured the chattels against firein the name of the Minister in an office approved by the Minister for that purpose for the full value of the chattels stated in the agreement;

(f) an obligation to pay and whenever required by the Minister so to do to produce and hand over to the Minister receipts evidencing payment of all premiums necessary to keep such insurance of the chattels in full force and virtue; and

(g) an obligation to permit any officer of the Department to enter the premises where the chattels are situated at all reasonable times and inspect the chattels.

Rights of Minister under hire purchase agreement.

131. A Hire Purchase Agreement in Form D confers upon the Minister the right—

(a) to recover from the hirer in any Court of competent jurisdiction any arrears of hire due under the agreement;

(b) to enter, if necessary by force, the premises of the hirer or any other premises where the chattels or any of them may or may be reasonably suspected to be and to take possession of and remove the chattels whenever any obligation of the hirer under the agreement is not complied with.

(2) If the hirer fails to comply with an obligation under the agreement to insure and keep insured the chattels, the Minister may insure and keep insured the chattels, and the cost of such insurance shall be added to the amount due by the hirer for hire under the agreement and for all purposes of the agreement and these Regulations be deemed to be included in the word “hire.”

Chattels to remain property of Minister.

132. Notwithstanding any other law to the contrary the chattels shall remain the property of the Minister until, and shall become the property of the hirer when, and only when, the hirer has—

(a) complied with all obligations imposed upon him by the agreement and by these Regulations; and

(b) paid to the Minister hire amounting to the full value of the chattels as stated in the agreement.

Termination of agreement.

133. The hirer may at any time terminate the hiring by delivering up the chattels to the Minister, but such delivery up shall not—

(a) relieve the hirer from any liability incurred by him—

(i) for hire prior to the date of such delivery up; or

(ii) by reason of non-compliance with any obligation under the agreement or the regulations; or

(b) entitle the hirer to the repayment of any hire paid prior to the date of such delivery up.

Penalty for sale of chattels.

134. (1) If any chattels the subject of a Hire Purchase Agreement in Form D are, without the consent in writing of the Minister, and before the full value of the chattels as stated in the agreement has been paid as hire by the hirer to the Minister, sold, disposed of, removed or destroyed or dealt with in breach of or non-compliance with any obligation imposed upon the hirer by the agreement or by these Regulations, the hirer shall be guilty of an offence.

Penalty: Fifty pounds or three months’ imprisonment.

(2) On the conviction of a hirer for an offence under this regulation, the Court may, in addition to imposing a penalty—

(a) order the defendant to pay to the Minister the value of the chattels as stated in the agreement; or

(b) order the defendant or any other person in possession of the chattels or any of them to forthwith deliver the chattels to the Minister.