Australian Soldiers' Repatriation Regulations 1920

Division 1.—Applications for Assistance.

Division 2.—Conditions governing Advances.

Part IV.—Local Committees.

Part V.—Industrial Committees—

Division 1.—Soldiers’ State Industrial Committees.

Division 2.—Soldiers’ Industrial Committees.

Part VI.—Employment and Sustenance.

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.

Definitions.

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;

“Claim” means a claim for a pension in accordance with the Act;

“Claimant” means a person who has made a claim for a pension on behalf of himself or on behalf of a person under the age of sixteen years, or on behalf of a person of unsound mind;

“Country Local Committee” means a Local Committee other than a Local Committee declared by the Commission to be an Advisory Local Committee;

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

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

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

“Discharge” means discharge from the Naval or Military Forces of the Commonwealth, and includes termination of appointment;

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

“Incapacity” means bodily or mental infirmity which wholly or in part prevents the earning of a livelihood and which results or has resulted from or occurred during employment as a member of the Forces;

“Industrial Trainee” or “Trainee” means an applicant entered for training in a workshop or training institution;

“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;

“Officer” means an officer doing duty in relation to the Act or these Regulations;

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

Pension” means a pension granted under the Act, and includes a pension or similar allowance granted in pursuance of any Commonwealth or State Act;

“Pensioner” means a person to whom a pension has been granted under the Act, and includes a person under the age of sixteen years as well as a person of unsound mind;

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

“Registrar” means a Registrar of War Pensions appointed under the Act;

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

“The Act” means the Australian Soldiers’ Repatriation Act 1920, 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;

“Trustee” means a trustee appointed under these Regulations;

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

Part II.—Pensions.

Definitions.

4. In this Part, unless the contrary intention appears—

“Child” means any dependant under the age of sixteen years, being a son, daughter, step-son, step-daughter, or adopted child of a member of the Forces.

“Dependants” means—

(a) The wife or widow of a person, or the widowed mother of of an unmarried son, who is, or has been a member of the Forces, whose death or incapacity results from his employment in connexion with warlike operations;

(b) the children of any such person;

(c) any ex-nuptial children of that person born before the occurrence of the event resulting in his death or incapacity as aforesaid or within nine months after that event;

(d) such other members of the family of that person as were wholly or in part dependent upon his earnings at any time within twelve months prior to his enlistment or appointment;

(e) the parents of any such person who are, at any time after the occurrence of the event resulting in his death, without adequate means of support;

(f) the ex-nuptial child (wholly or in part dependent on the earnings of any such person at any time within twelve months prior to his enlistment or appointment) of a son or daughter of that person; and

(g) the parents or grandparents of any such person who is an ex-nuptial child, who were so dependent.

“Incapacity” includes incapacity of a member of the Forces arising from disease, not due to the default of the member, contracted by him while employed on active service.

“Pension” means a pension under the Act.

Power of Registrar of War Pensions to administer oaths.

5. Any person appointed under the Act to the office of Registrar of War Pensions shall have power to administer oaths, and shall have such other powers, duties, and functions as are conferred or imposed on him by these Regulations.

Registrars of Old-age Pensions to be Registrars of War Pensions.

6. The persons for the time being holding the office of Registrar of Pensions under the Invalid and Old-age Pensions Act 1908-1919 shall be deemed to have been appointed under the Act to the office of Registrar of War Pensions.

Power to appoint trustees.

7. (1) The Commission or a Deputy Commissioner may—

(a) Where a pensioner is under the age of sixteen years;

(b) Where a pensioner is of unsound mind;

(c) Where a pensioner consents to the payment of his pension to some other person; or

(d) In such other cases as it or he thinks fit,

appoint a person to be the trustee of the pensioner.

(2) The pension may be paid to the trustee, and the trustee may collect and disburse the pension for the benefit of the pensioner subject to the directions of the Commission or the Deputy Commissioner.

Claim by incapacitated soldier.

8. Every member of the Forces who claims a pension on the ground that he suffers from an incapacity shall prepare a claim in accordance with Form Z.

Claim by dependant.

9. Every person who claims a pension on the ground that he is or was a dependant of a member of the Forces shall prepare a claim in accordance with Form Y:

Provided that where a dependant is under the age of sixteen years, the claim shall be made in accordance with Form X and the declaration on that form may be made by any person who has a knowledge of the facts and who is more than sixteen years of age:

Provided further that claims on behalf of the wife of an incapacitated member of the Forces, and such of his children as are under the age of sixteen years, may be included in the claim of the member of the Forces.

Claims to be forwarded to Registrar.

10. Every claim shall be forwarded by the claimant to a Registrar or a Deputy Commissioner, who shall note on the claim the date of its receipt by him.

Investigation of claim by Registrar.

11. Whenever a Registrar receives a claim, he shall arrange for hearing the claimant and some other person over the age of sixteen years who knows the circumstances of the person for whom pension is claimed. If the claimant and the other person do not forthwith attend at the office of the Registrar, the Registrar shall forward to the claimant a request in accordance with Form W to attend at the office of the Registrar and to cause the other person to attend also:

Provided that, for any special reason, the Registrar may dispense with the attendance of the claimant or the other person.

Record of evidence.

12. All evidence given orally to the Registrar by the claimant and the other person shall be recorded in accordance with Form U.

Duty of Registrar in respect of claim by soldier.

13. Where the claim has been made by or on behalf of an incapacitated member of the Forces, the Registrar shall question the claimant and the other person with a view to ascertaining whether, in the claim, the replies to questions and requests for information fairly represent the facts, and shall forthwith report the result to a Deputy Commissioner, to whom at the same time the Registrar shall forward all the papers in the case.

Duty of Registrar in respect of claim by dependant.

14. Where the claim has been made by or on behalf of a dependant of a member of the Forces, the Registrar shall question the claimant and the other person with a view to ascertaining—

(a) the exact relationship which the person for whom a pension is claimed bears to the member of the Forces; and

(b) the extent to which the person for whom a pension is claimed was within twelve months prior to the enlistment or appointment of the member dependent on the earnings of the member of the Forces:

Provided that there shall be no necessity to make inquiries as to dependence in the case of—

(i) the wife or widow of a member of the Forces,

(ii) the children (under sixteen years of age) of a member of the Forces,

(iii) the widowed mother of a deceased unmarried member of the Forces,

or

(iv) a parent of a deceased member of the Forces, who claims a pension or an increase of pension on the ground that he is without adequate means of support:

Provided further that where a parent claims a pension or an increase of pension on the ground that he is without adequate means of support, full inquiries shall be made as to his means of support.

Duty of Registrar in respect of claim by person of unsound mind, &c.

15. In the case of a claim made on behalf of a person under the age of sixteen years or on behalf of a person of unsound mind, the Registrar shall question the claimant and the other person with a view to ascertaining the name and address of some person who is suitable for appointment as trustee.

Inquiry by police.

16. If unable to satisfy himself by the examination of the claimant and the other person as to the extent of the dependence, and as to the nature of the relationship, and as to the name and address of a person suitable for appointment as trustee, the Registrar may, in accordance with Form T, address to the State police a request for inquiries and report. The Registrar may also address to any person a request in accordance with Form S, and may by letter request a Deputy Commissioner in writing to ascertain the relationship by search at an office in which births, deaths, and marriages are registered.

Report of Deputy Commissioner.

17. When satisfied as to the extent of the dependence and the nature of the relationship and the name and address of a person suitable for appointment as trustee, the Registrar shall, in accordance with Form R, forthwith report to a Deputy Commissioner the result of his investigations and forward to him all the papers in the case.

Power of Commission or Deputy Commissioner to require further particulars.

18. The Commission or the Deputy Commissioner or the Registrar may require any person whom he believes to be in a position to do so, to furnish to him a confidential written report as to—

(a) the circumstances,

(b) the names, ages and means of livelihood of the dependants,

(c) the family and blood relations,

(d) the means of livelihood, and

(e) the age,

of any person who claims a pension or for whom a pension is claimed; and any person who, on being required to do so by the Commission or the Deputy Commissioner or the Registrar, fails to furnish such a report within a reasonable time, or furnishes a report containing any statement which is untrue in any particular, shall be guilty of an offence against these Regulations.

Claims to be forwarded by Deputy Commissioner to Registrar or Special Magistrate.

19. Whenever a claim which has not been dealt with by a Registrar is received by a Deputy Commissioner, the latter shall forward the claim to a Registrar or a Special Magistrate for investigation.

Powers of Special Magistrate.

20. Claims referred to a Special Magistrate for investigation shall be dealt with by him in the same manner as claims are dealt with by a Registrar, and the Special Magistrate shall have in that respect the same powers and duties as a Registrar.

Delay by Registrar or Special Magistrate.

21. When the Registrar or the Special Magistrate is not in a position to make his report to the Deputy Commissioner within one week after the receipt of a claim, the Registrar or the Special Magistrate, as the case may be, shall advise the Deputy Commissioner in writing that the claim has been received and shall state the reason for the delay in making the report. The Deputy Commissioner shall thereupon take such steps as he thinks necessary to ensure an early conclusion of the investigation.

Defence Department record to be accepted as evidence of incapacity.

22. The Deputy Commissioner shall obtain from the Defence Department a copy of the record of the member of the Forces who is referred to in the claim. In the case of a member of the Forces who, it is claimed, suffers from an incapacity, the Deputy Commissioner may accept such evidence of incapacity as is contained in the member’s record; but if not satisfied by that evidence, he shall take such other steps as to him seem desirable in order to ascertain the nature and extent of the incapacity. For this purpose he may arrange for a medical examination of the member of the Forces to be made.

Questions as to health of member.

23. At any investigation of a claim made by or on behalf of a member of the Forces on the ground of incapacity, the Registrar may require the member and any other person who, in the opinion of the Registrar, is in a position to do so, to answer any questions relating to the health of the member before or after enlistment, or the nature and period of any employment in which the member has been engaged, or to disclose any information which, in the opinion of the Registrar, will assist in the assessment of the incapacity.

Declarations.

24. (1) Declarations under this Part of these Regulations may be made before any of the following persons:—

A postmaster or postmistress, or person in charge of a post office, a police, stipendiary, or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified medical practitioner, a notary public, a commissioner for affidavits, a registrar under the Invalid and Old-age Pensions Act 1908-1919, a minister of religion, an officer of the Repatriation Department, a member of the Parliament of the Commonwealth, or a commissioned officer of the Australian Military Forces.

(2) If any person wilfully makes any false statement in any declaration provided for under these Regulations he shall be guilty of an offence against these Regulations.

Record of claims.

25. Unless otherwise directed by the Commission, every Registrar shall keep a record, in accordance with Form L, of war pension claims received by him.

Medical certificate.

26. A medical certificate of incapacity may be in accordance with Form K.

Pension certificate and identification and issue of.

27. On the grant of a pension, a pension certificate in accordance with Form J and an identification card in accordance with Form H, shall be forwarded to a postmaster or other officer, who shall retain the identification card and deliver the certificate to the pensioner or the trustee under departmental instructions:

Provided that in the case of pensioners not residing in Australia, the Commission may make any arrangements for payment which are practicable.

Possession of identification card authority to pay pension.

28. The possession of an identification card shall be regarded as the authority of the postmaster or other officer to make payment of the pension therein described: Provided that, as regards the method of paying and accounting, he shall follow such instructions as are from time to time issued by the Commission: Provided further that, if so instructed by the Commission or a Deputy Commissioner, the postmaster or other officer shall not make payment of the pension: Provided also that the postmaster or other officer shall not make payment of any instalment of the pension until he has made a note, in relation to the payment, on the pension certificate, which shall be produced to him for that purpose.

Pension fortnights.

29. The fortnights in respect of which instalments of pension are payable shall in every case commence on a Thursday and end on a Wednesday. Every such fortnight shall be known as a “pension fortnight,” and the first day of every “pension fortnight” shall be known as “pension Thursday.”

30. (1) Where a pension is payable, under Section 33 of the Act, for two years, that period shall consist of fifty-two “pension fortnights,” together with the odd days (if any) between the date of the commencement of the pension and the next succeeding “pension Thursday.”

(2) Where a pension is payable, under the Fourth Schedule to the Act, for six months, that period shall consist of thirteen “pension fortnights,” together with the odd days (if any) between the date of the commencement of the pension and the next succeeding “pension Thursday.”

Due date of instalments.

31. The due date of each instalment shall be the first day of the fortnight for which the instalment is payable.

Receipts for instalments.

32. The pensioner or the trustee shall give a receipt for each instalment, in accordance with Form P.

Payment to person other than pensioner.

33. No payment shall be made to any person other than the pensioner or the trustee, unless the person is the holder of an order in accordance with Form O.

Payment of instalment to female dependant.

34. An instalment of a pension granted to any single or widowed female dependant of a member of the Forces shall not in any case be paid unless there is presented to the postmaster or other officer at the time of payment a declaration in Form N showing that, on the due date of the instalment, the female dependant had not married or re-married:

Provided that where a trustee appointed to receive instalments on behalf of a single or widowed female pensioner makes a declaration that the pensioner has not married or re-married it shall not be necessary for the pensioner to complete a declaration in Form N.

Payment of instalment to trustee.

35. An instalment of a pension payable to a trustee shall not in any case be paid unless there is presented to the postmaster or other officer at the time of payment a declaration in Form M showing that, on the due date of the instalment, the person on behalf of whom the pension is payable is alive.

Special provisions as to declarations.

36. Where it would be impracticable or seriously inconvenient to obtain the declarations required by the last two preceding regulations whenever an instalment is being paid to a single or widowed female pensioner or to a trustee, the Commission may approve of declarations being obtained at intervals not exceeding three months.

Suspension of pension.

37. Where the Commission or a Deputy Commissioner is satisfied that a pensioner is misspending money, the Commission or a Deputy Commissioner, if it or he considers it to be in the interests of the pensioner to do so, may suspend payment of the pension. On the removal of the suspension the amount of the pension accrued during the period of suspension shall be paid to the pensioner or a trustee.

Duplicate pension certificate.

38. If a pensioner or a trustee loses his pension certificate, he may make application, in accordance with Form G, to a Deputy Commissioner for a duplicate certificate; and the Deputy Commissioner, if he issues a duplicate, shall notify the postmaster or other officer who is authorized to pay the pension. The duplicate shall bear across its face the word “duplicate,” together with a note in writing, under the hand of the Deputy Commissioner, stating the date on which the duplicate is issued.

Payment of pension where pensioner changes residence.

39. If a pensioner or a trustee desires to permanently leave the place at which he has been residing, he may make application in Form ZZ to the postmaster or other officer authorized to pay the pension, and if such postmaster or other officer is satisfied that the request is a reasonable one, he shall make a note on the identification card and on the pension certificate, as follows:—“Payment to be made in future at .’ Also he shall make a note on the identification card as follows:—“The last payment made at this office was due on ‘pension Thursday,’ the day of 192 .” To such notes he shall add his signature, and shall forward the identification card by post to the office to which payment is to be transferred. After the receipt of the identification card at that office, the postmaster or other officer there shall, subject to any instructions issued by the Commission or a Deputy Commissioner, make payment of the pension as it falls due.

The application in accordance with Form ZZ shall, if approved by the postmaster or other officer, be transmitted to a Deputy Commissioner.

Payment of undrawn instalment of pension of deceased pensioner.

40. Any undrawn instalment of a pension due at the date of a pensioner’s decease, if applied for within six months after the decease, may be paid to such person as in the opinion of the Deputy Commissioner has a legal or equitable claim thereto. Provided that the Deputy Commissioner shall not authorize payment to any person who is not a legal representative of the deceased, until the Deputy Commissioner has satisfied himself that probate of will or letters of administration will not be applied for.

Death of pensioner.

41. (1) Whenever the death of any person is reported to a Registrar of Deaths for registration, the Registrar of Deaths may inquire whether the deceased was a pensioner under the Australian Soldiers’ Repatriation Act 1920, and the person reporting the death shall state, to the best of his knowledge, whether the deceased was a pensioner or not. If the deceased was a pensioner, the Registrar of Deaths should send to the Deputy Commissioner a notice of death, in accordance with Form WW.

(2) In this regulation “Registrar of Deaths” means any Commonwealth or State officer charged with the duty of registering deaths.

Requisition for forms.

42. Every Registrar, postmaster, and other officer charged with duties under the Act or Regulations, shall requisition for all the forms which are required in connexion with his duties. The requisition, which may be in accordance with Form YY, or in ordinary letter-form, shall be made early enough in every case to secure a new supply of forms before the old stock becomes exhausted.

Part III.—General.

Division 1.—Applications for Assistance.

Applications, how made.

43. Applications for assistance shall be made in writing to a Deputy Commissioner or to the Executive of a Country Local Committee in the manner and in accordance with 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.

44. 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.

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

Appeals to Board.

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

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

Purpose of loan and ability of applicant.

47. A Board, a Deputy Commissioner, 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.

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

(2) Upon receipt of the appeal, the Board shall reconsider the case, and may either grant the application or on the request of the applicant 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.

Division 2.—Conditions Governing Advances.

Interest on loans.

49. 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.

50. A 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.

51. A 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 Commission.

Renewal of loans.

52. 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 Board, or the Executive of a Country Local Committee, and produces to the Board satisfactory evidence that he has made proper use of the loan, the Board may, if it thinks fit, upon an application for a renewal of the loan, grant the renewal for such period, and on such conditions, as it deems reasonable.

Provided that the rate of interest shall not be reduced below the rate ruling at the time the loan was granted.

Writing off loans.

53. Where a Board is satisfied that, by reason of special circumstances a borrower, who has obtained a loan from the Department, is unable to repay the amount due by him, a Board may write off the whole or any portion of the amount due:

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

Security for property allotted by way of loan.

54. (1) Where property is allotted by way of loan to any person the amount value of the property shall be regarded as a debt due by that person, and that amount 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 Board requires the person to execute or furnish.

Inspection of property.

55. 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 Commissioner 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.

56. (1) Subject to regulations 52 and 110, where a Board or a Deputy Commissioner 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 Board may—

(a) revoke or recall any loan, gift, promise of assistance or contract, if it is satisfied that, owing to the misconduct, idleness or inefficiency of the soldier or dependant, as the case may be, the periods for which the loan, gift, promise or contract was granted or made, is not likely to be achieved; or

(b) vary the whole or any part of the conditions attached to the loan, gift, promise of assistance or contract, if it is satisfied—

(i) 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; or

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

Power to sell property.

(3) A Board may authorize the sale of any property recalled under this regulation, when a sale is deemed necessary or advantageous in the interests of the Department.

Authority to pay or allot to agent.

57. In any case where it is considered desirable by a Board or a Deputy Commissioner 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 Board or Deputy Commissioner or the Executive of a Country Local Committee thinks fit.

Part IV.—Local Committees.

Local Committees.

58. 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 Commission 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 District in Western Australia, which areas shall also include any Municipal areas, and in Tasmania the Municipal areas: Provided that where the Commission 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 Commission 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 Commission.

Powers of Local Committees.

59. (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 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;

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

(e) 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 Commission.

Duties of Local Committees.

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

(a) to furnish to the Deputy Commissioner for the State 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.

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

(2) The Commission may, for any reason which appears to it to be a good and sufficient reason, remove from office any member of the Executive of a Local Committee.

(3) The place of any member of the Executive of a Local Committee shall become vacant if he, without leave of the Executive, absents himself from three consecutive meetings of the Executive.

(4) If any member of the Executive of a Local Committee is removed from office, or his place becomes vacant, another member shall be appointed in his place.

(5) 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.

(6) 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 confers upon it.

Powers of Executive.

62. 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.

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

(a) to report to the Deputy Commissioner for the State 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.

64. 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.

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

Provided that in the case of a Country Local Committee appointed for an area containing a population of 20,000 or over a Deputy Commissioner may appoint the Secretary and such other officers as the Commission directs.

Quorum.

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

Part V.—Industrial Committees.

Division 1.—Soldiers’ State Industrial Committee.

Creation of State Industrial Committee.

67. 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.

68. The Commission shall form a Soldiers’ State Industrial Committee in the metropolis of each State, which shall consist of a Chairman to be appointed by the Commission, 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.

69. 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.

70. 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.

Soldiers Industrial Committees.

71. (1) The Commission may within any State appoint in respect of any trade or calling a Soldiers’ Industrial Committee which shall consist of a Chairman and an equal number of representatives of the employers and employees respectively in the trade or calling.

(2) The Chairman shall be a person agreed upon by the representatives of the employers and employees respectively or in the absence of such agreement a person selected by the Commission.

Meetings of Soldiers’ Industrial Committees.

72. (1) Meetings of a Soldiers’ Industrial Committee shall be held regularly.

(2) The place of any member of a Committee shall become vacant if he, without leave of the Committee, absent himself from two consecutive meetings of the Committee, unless he furnish reasons in writing for his absence to the satisfaction of the Committee.

(3) The Chairman of the Committee shall, upon receiving from any two members of the Committee a request to hold a special meeting, and provided the business proposed to be dealt with at the meeting is stated with the request, convene a special meeting of the Committee.

(4) The Chairman, one representative of the employers and one representative of the employees shall form a quorum for the transaction of business.

Powers of Soldiers’ Industrial Committees.

73. 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) determine the number of persons to be entered as trainees in any trade or calling;

(c) advise as to the syllabus of training to be carried out, training facilities to be adopted, and the qualifications of and salaries to be paid to Instructors;

(d) when the trainee is being trained in a training institution, determine subject to the approval of the Director of Vocational Training appointed under the Act, when the trainees shall leave the institution;

(e) assess the efficiency of the trainee at the commencement of his training and thereafter at the end of every three months, or such shorter periods as the Committee thinks fit; and

(f) 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.

74. Any trainee or employer 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 VI.—Employment and Sustenance

Sustenance whilst awaiting employment, &c.

75. (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 be made within six months after the date of the discharge of the soldier.

Application made after prescribed time.

76. (1) In the case of an applicant who has failed to apply for sustenance within six months after the date of his discharge a Deputy Commissioner 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 the application unless the case has been reconsidered by the Deputy Commissioner and there are special circumstances connected therewith which, in his opinion, justify an extension of the period of payment of sustenance by him.

(2) The period for which sustenance may be paid under this regulation shall be in the discretion of the Deputy Commissioner, but shall in no case exceed six months.

Rates of sustenance while awaiting employment or while convalescent.

77. (1) A Deputy Commissioner 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 regulations 79 and 80, 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 57s.;

(c) to a soldier with a wife and one child a weekly income, inclusive of their combined pensions, of 60s. 6d.;

(d) to a soldier with a wife and two children a weekly income, inclusive of their combined pensions, of 64s.;

(e) to a soldier with a wife and three children a weekly income, inclusive of their combined pensions, of 67s. 6d.;

(f) to a soldier with a wife and four children or more a weekly income, inclusive of their combined pensions, of 69s.

(2) Where a soldier registers for employment under the last preceding sub-regulation and the Departmental Medical Officer certifies that the soldier is unable through disabilities due to War Service to accept employment or undergo Vocational Training until the expiration of a period exceeding seven days from the date of the certificate, or has been compelled through those disabilities to leave his employment, and has been ordered by the Departmental Medical Officer to undergo medical treatment, a Deputy Commissioner may grant sustenance at the rate provided under the last preceding sub-regulation for such period as the Departmental Medical Officer specifies in his certificate:

Provided that the period specified in the Departmental Medical Officer’s certificate shall not exceed three months.

(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 the child, not exceeding the amount contributed by him to its support.

(5) Friendly society benefits or other means except pensions shall not 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 Commissioner 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.

78. Where by reason of special circumstances a Deputy Commissioner or the Executive of a Country Local Committee considers it advisable a portion of the sustenance allowance payable to a soldier under regulation 77 may be granted in the form of orders for necessaries to the wife or children of the soldier.

Payment of sustenance to soldiers who have lost or refused employment.

79. (1) No soldier who, since the date of his discharge, has been in employment for a period of six months in the aggregate shall be eligible for sustenance:

Provided that a soldier who has been in employment for a period of six months in the aggregate, and has lost that employment through disabilities due to War Service, shall be eligible for further Sustenance under sub-regulation 2 of regulation 77.

(2) Subject to sub-regulations (1) and (4) of this regulation a Deputy Commissioner may grant sustenance to any soldier who furnishes proof to the satisfaction of a Deputy Commissioner or the Executive of a Country Local Committee that he has lost his employment through circumstances beyond his control.

(3) Subject to sub-regulations (1) and (4) of this regulation the Executive of a Country Local Committee may grant sustenance, to any soldier who furnishes proof to its satisfaction that he has lost his employment through circumstances beyond his control, but sustenance shall not be paid under this sub-regulation for more than four weeks without the approval of the Deputy Commissioner.

(4) A soldier who has accepted and lost employment shall not be eligible for sustenance if he has already received sustenance for a period of six months or for periods amounting to six months in the aggregate:

Provided that no account shall be taken of any period for which sustenance has been paid under sub-regulation 2 of regulation 77.

(5) A soldier who has failed to avail himself of suitable employment when offered shall not be eligible for further sustenance.

Application to Executive of Local Committee.

80. Where an application has been submitted to the Executive of a Country Local Committee for sustenance under regulation 77, 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 Commissioner.

Failure to notify fact of employment.

81. An applicant who fails to notify the Department that he is in temporary or permanent employment and has received remuneration in respect of that employment and continues to draw sustenance from the Department shall be guilty of an offence.

82. (1) In the case of—

Sustenance to land applicants.

(a) an applicant who has applied for, and is awaiting, a Land Qualification Certificate; or

(b) an applicant who has received a Land Qualification Certificate, and is awaiting allotment of land, or an applicant who, being already eligible, does not require a Qualification Certificate and is awaiting allotment of land; or

(c) an applicant who has been allotted, but is awaiting possession of land;

a Deputy Commissioner may, for a period, not exceeding, in the aggregate, three months, in any one case, grant sustenance at the rate provided under regulation 77:

Provided that in no case where an applicant has been refused a Land Qualification Certificate shall he be eligible under this regulation.

(2) In cases where, prior to the commencement of this regulation, applicants have received sustenance under any regulation made under the Australian Soldiers’ Repatriation Act 1917-1918, additional sustenance may granted as follows:

(a) If the applicant has received sustenance for a period in excess of two months—additional sustenance may be granted for a period not exceeding one month;

(b) If he has received sustenance for a period not exceeding two months but exceeding one month—additional sustenance may be granted for a period not exceeding two months; and

(c) If he has received sustenance for a period not exceeding one month—additional sustenance may be granted for a period not exceeding three months.

(3) Where an application under this regulation has been submitted to the Executive of a Country Local Committee, the Executive may grant sustenance for a period not exceeding four weeks. The Executive shall forthwith notify the Deputy Commissioner of the grant of sustenance under this sub-regulation, and he may authorize the continued payment of sustenance for the period permitted by this regulation.

(4) No sustenance shall be paid under this regulation until the applicant has lodged an application for employment, and any applicant who, without good and sufficient reason, refuses employment shall be ineligible for further sustenance under this regulation.

(5) In the consideration of any application under this regulation no account shall be taken of any period prior to the commencement of this regulation during which the applicant has had employment.

Sustenance while awaiting productivity of land.

83. (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.:

C.9842.—2

Provided that the amount payable under paragraph (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 Commissioner 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.

84. A Deputy Commissioner 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 77.

Vocational training.

85. A Deputy Commissioner, or the Executive of a Country Local Committee may, in the case of an application for a class of training approved by a Vocational Training Committee appointed under these Regulations, grant sustenance at the rate provided under regulation 77 to—

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

(b) 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 Commissioner 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 92 shall not be entitled to sustenance under this regulation.

Indentured apprentice.

86. A Deputy Commissioner 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 his personal pension) up to the wage he would have been earning in such industry had his apprenticeship not been interrupted.

Industrial trainee.

87. (1) A Deputy Commissioner may grant such sustenance to an industrial trainee as will ensure 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 Commissioner 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.

88. A Deputy Commissioner or the Executive of a Country Local Committee may grant sustenance at the rate provided under regulation 77, 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, or repairs to, artificial limbs or other surgical appliances:

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, or repairs to, artificial limbs or other surgical appliances.

Widow without children undergoing training.

89. A Deputy Commissioner 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 VII.—Vocational and Professional Training.

Vocational Training Committee.

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

Special duties of Committee.

91. 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 92; 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.

92. (1) A Deputy Commissioner may, subject to the next succeeding sub-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 the last preceding sub-regulation, a Deputy Commissioner may, subject to such conditions as the Commission 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 Commissioner 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 Commissioner under this regulation, the Deputy Commissioner shall refer the case to the Vocational Training Committee for a recommendation.

(5) Notwithstanding anything contained in sub-regulation (1) of this regulation, a Deputy Commissioner or the Executive of a Country Local Committee may, in the case of a soldier who—

(a) is in, or has registered for and is awaiting employment, or

(b) is undergoing vocational training,

but desires to undergo a course of training in order to increase his efficiency or to qualify for another position, pay such fees and expenses as will enable him to complete the necessary course of training:

Provided that the total amount which may be paid to any one applicant under this sub-regulation shall not exceed £40:

Provided further that no assistance shall be granted under this sub-regulation after the expiration of three years after the date of the discharge of the soldier:

Provided also that expenses shall only include books, instruments and essential apparatus and shall not exceed the sum of £5 in any one case.

(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 Commissioner may approve of the application if he is satisfied that there are special circumstances which justify that approval.

Professional training.

93. (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 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 Board may grant to him such amount, not exceeding the sum of £150, as it thinks necessary to enable him to complete the training.

(2) Where an applicant who has not received assistance under the last preceding sub-regulation, produces evidence to the satisfaction of the Board that he had, prior to enlistment, entered or intended to enter upon a university course or other course of professional training, the Board may grant to the applicant any of the gifts and loans provided under the next succeeding sub-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 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 and earnings) 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 and earnings) 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 Board from the University or other institution of a report that the applicant is making satisfactory progress with his studies.

94. An applicant who, at the date of his enlistment—

(a) was serving, or intended to serve, articles for the purpose of qualifying to practice in a profession; and

(b) was qualified to enter a University and had entered—or intended to enter—upon a course of study, at a University or equivalent Institution, which he is required to complete or undergo, in order to be entitled to practice in the profession,

may be granted assistance under sub-regulation (2) of the last preceding regulation in order to enable him to complete, or enter upon, his articles and the University course (if any):

Provided that, where prior to enlistment an applicant—

(a) was serving by arrangement under verbal articles; or

(b) had not actually entered upon his articles or professional course of study but intended to do so,

the Commission shall require production of proof to its satisfaction confirming the verbal articles or establishing the applicant’s intention to enter upon those articles or course of study before the assistance applied for under this regulation may be granted:

Provided further that in lieu of the allowances payable under paras. (c) and (d) of sub-regulation 3 of the last preceding regulation he may be granted—

(a) by way of gift for the first year of his articles after the date on which he recommences or enters upon his articles, such sustenance as will insure to him an income, inclusive of pensions and earnings, in accordance with scale provided in regulation 77; and

(b) by way of loan for each subsequent year of his articles, or until pensions and earnings, equal the rate appropriate to his case in the scale provided in regulation 77, such sustenance as will insure to him an income, inclusive of pensions and earnings, in accordance with that scale.

Loan for payment of diploma fees, &c.

95. Where an applicant has completed a university course or other course of professional training without obtaining assistance under regulations 93 and 94 a Board may pay to the applicant by way of loan such sums as are necessary to enable the applicant to pay—

(a) fees in respect of the granting of diplomas or the conferring of degrees in relation to the Course; and

(b) fees to admit or entitle the applicant to practice in his profession

The applicant shall give personal security in Form A in the Schedule for the repayment of any amount granted under this regulation:

Provided that in a case where an applicant has received assistance under regulations 93 and 94 and can prove to the satisfaction of the Commission that he is without means to pay the fees mentioned in paragraphs (a) and (b) of this regulation the Commission may grant those fees by way of loan.

Training in Local Committee areas.

96. In any Local Committee area where a training institution approved by the Commission 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 Commissioner:

Provided that the Executive shall not enter any applicant for training, unless it is satisfied that there is a reasonable prospect of employment for the applicant within the Local Committee area upon completion of training:

Provided further that no assistance shall be granted under this regulation, where the application is made after the expiration of three years after the date of discharge of the soldier.

Training of indentured apprentice.

97. 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 Commissioner may make arrangements for providing the applicant with the benefit of any system of technical training which is available and recommended by a Vocational Training Committee.

Payment by employer.

98. (1) A Deputy Commissioner 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 that training.

(2) Pending the assessment of the trainee’s efficiency by a Soldiers’ Industrial Committee appointed under these Regulations, the Deputy Commissioner 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.

99. 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.

Proportion of trainees to journeymen.

100. An employer may employ in each section of the trade or calling carried on by him in any establishment one trainee for each six or fraction of six fully paid journeymen employed in that section:

Provided that if the fraction is less than three the employer shall only employ a trainee in respect of that fraction with the unanimous consent of the Soldiers’ Industrial Committee:

Provided further that no employer shall employ a trainee unless the employer has employed a fully paid journeyman continuously for at least six months immediately preceding the date of the employment or proposed employment of the trainee and continues to so employ the journeyman:

Provided also that the six months’ limitation shall not apply to new businesses established within that period.

Notification of number of trainees placed.

101. The Department shall, upon an applicant being entered for training in any training institution or placed with an employer in a trade or calling, forthwith notify that fact to the Industrial Organization of Employees which is represented on the Soldiers’ Industrial Committee appointed in respect of that trade or calling.

Trainees to work near journeymen.

102. A trainee in a private workshop shall as far as practicable work near a journeyman in order that he may be given every opportunity of receiving advice and instruction in the trade or calling.

Part VIII.—Medical Treatment.

Classes of medical treatment.

103. Medical treatment may be provided by a Deputy Commissioner 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 that 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.

104. (1) In the case of an application for the supply of surgical aids a Deputy Commissioner 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 Commissioner 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 Commissioner, has been admitted to a hospital or other institution or place for the purpose of receiving treatment, a Deputy Commissioner may pay the fees and charges, not exceeding the rate approved by the Commission from time to time, for the treatment of the soldier in the hospital or institution or place.

Special treatment.

105. 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 Commissioner 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.

106. 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, and if, upon any further application, the Departmental Medical Officer is of opinion that the applicant has aggravated his disability or retarded his recovery by misconduct, neglect, or any wilful act treatment may be refused by the Deputy Commissioner, or alternatively treatment may be provided without sustenance.

Part IX.—Furniture, Equipment, and Businesses.

Division 1.—Furniture and Equipment.

Furniture.

107. (1) Where it is necessary for the establishment in civil life of a soldier or the widow of a soldier who died prior to discharge, a 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:

(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 Commissioner or the Executive of a Country Local Committee may, subject to the provisions of regulation 110, 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 assistance shall be granted under this regulation—

(a) to a widow, where the application is made after the expiration of twelve months after the date of the death of her husband; or

(b) to a soldier, where the application is made after the expiration of five years after the date of his discharge.

Tools of trade and equipment.

108. A Deputy Commissioner or the Executive of a Country Local Committee may, subject to the provisions of regulation 111, 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 Commissioner 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:

Provided further that where an applicant under this regulation applies for the supply of tools of trade or other articles exceeding in value the sum of £10, the Board shall deal with the application and may grant an order under this regulation in addition to granting an order under the next succeeding regulation.

Supply of tools of trade. &c., under Hire Purchase Agreement.

109. A Board may grant to a soldier, or the widow of a soldier, 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, exclusive of clothing in any form, to a value not exceeding the sum of £50, to enable him or her to engage in a remunerative occupation:

Provided that where an applicant under this regulation has been granted benefits under the last preceding regulation any loan granted shall not exceed the sum of £50 inclusive of the value of gifts granted under the last preceding regulation.

Chattels to remain property of Minister for five years.

110. (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 107 or regulation 108 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 Commission.

(3) The Commission 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.

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

Orders not to be transferred.

(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.

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

(a) the widow with one or more children of a soldier who died prior to discharge;

(b) a married soldier incapacitated to the extent of being unable to engage in his usual occupation, and who is unsuitable for vocational training for an occupation in substitution of 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 Board that he possesses the experience and ability to conduct with a reasonable prospect of success the business applied for:

Provided that the Board may in a Special Case, with the concurrence of the Deputy Commissioner, advance an amount not exceeding £250, and where in connexion with any such case, any difference of opinion arises between the Board and the Deputy Commissioner, the case shall be forwarded to the Commission for final decision:

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:

Provided also that no assistance shall be granted under this regulation to a soldier included in paragraph (c) of this regulation where the application is made after the expiration of twelve months after the date of his discharge.

Part X.—Transportation.

Free passages from the Commonwealth.

113. If it appears to a 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 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.

114. A 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.

115. A 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.

116. A 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 who has married abroad if she desires to join her husband in Australia; or

(c) the fiancée, or fiancé who has served in any of the Allied Forces, 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:

Provided that no assistance shall be granted under this regulation where the application is made after the expiration of two years after the date of the death or discharge of the soldier as the case may be.

Refund of passage money.

117. In any case where a person who would have been eligible to receive a free passage under regulations 113 to 116 has paid his own passage-money, a 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.

118. 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 Commission and the cost may include land transportation charges.

Transfer to be beneficial.

119. 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 benefited by the transfer to the desired destination.

Passages granted once only.

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

Soldiers serving other than Australian Forces.

121. 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 Board a free passage to the Commonwealth.

Fares to employment.

122. Where an applicant is being sent to employment, obtained either by himself or through the agency of the Department, a Deputy Commissioner 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 Commissioner or the Executive of a Country Local Committee shall not approve of any further grant of fares unless it is justified by special circumstances;

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

(c) an applicant who has had employment subsequent to discharge, for a period of six months or more in the aggregate, shall not be entitled to benefits under this regulation.

Fares for medical treatment.

123. (1) A Deputy Commissioner 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 77, 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 Commissioner 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 Commissioner 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.

124. A Deputy Commissioner or the Executive of a Country Local Committee may pay such fares and freights as are necessary to transfer a soldier and his family to a locality where the soldier—

(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, and has not, prior to the date of application, had employment subsequent to his discharge for a period of six months or more in the aggregate:

(1) A Deputy Commissioner or the Executive of a Country Local Committee may pay such freights not exceeding the sum of £10 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 material loss to himself;

(2) No soldier shall be granted assistance under this regulation on more than one occasion; and

(3) Except in the case of an applicant who is about to enter into occupation of land, no assistance shall be granted under this regulation when the application is made after the expiration of twelve months after the date of the discharge of the soldier.

125. No liability shall be incurred by the Commission, or by a Board, or by any officer of the Department, by reason of loss or damage in loading or unloading, or during transit of any baggage belonging to a person who has been granted a free passage or transportation by the Department.

Part XI.—Securities.

Division 1.—General.

Definition.

126. In this Part unless the contrary intention appears—

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

Form of security.

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

Security.

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

Rights of Commission under securities.

129. (1) A security shall confer upon the Commission 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 Commission 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.

130. A security and the rights and powers conferred upon the Commission: by a security and by these Regulations shall not be subject, to or affected by any moratorium law.

Variation of forms.

131. 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.

132. 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.

133. 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 Commission 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.

134. (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 the Secretary of a Local Committee or, with the approval of the Commission or a Deputy Commissioner, 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 Board or officer to be deemed action by Commission.

135. Any action to be taken or act to be done or acknowledgment or consent to be given by the Commission under these Regulations shall be deemed to have been duly taken, done or given by the Commission if taken, done or given by a Board or by a Deputy Commissioner or by an officer of the Department pursuant to a delegation from the Commission or from a Board, or from a Deputy Commissioner or, in exercise of any general or special authority from the Commission or a Board or a Deputy Commissioner 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.

136. Any consent, demand, requirement, notice or application by the Commission 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 Commission 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.

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

Court may order penalty to be recovered by distress.

138. (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 Commission—

the Court may at the same time or at any subsequent time on the application of the prosecutor or of the Commission 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 Regulation orders any person to deliver any chattels to the Commission the Court may as the same time or at any subsequent time on the application of the prosecutor or of the Commission order that, in default of delivery of the chattels or payment of the value thereof to the Commission 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.

139. 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.

140. 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.

141. 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 Commission.

Division 3.—Mortgage of Chattels.

Form of security for advance on chattels.

142. (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.

148. 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 Commission;

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

(f) an obligation to pay, and, whenever required by the Commission so to do, to produce and hand over to the Commission 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 Commission

144. A mortgage in Form B of specific chattels charges for the benefit of the Commission—

(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.

145. The charge of the Commission 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.

146. 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 Commission;

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

(f) an obligation to pay and, whenever required so to do by the Commission to produce and hand over to the Commission 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 Commission.

147. A mortgage in Form B of the chattels constituting the stock-in-trade of a business charges for the benefit of the Commission 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.

148. The charge of the Commission 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.

149. For the purposes of regulations 146 and 148 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.

150. 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 Commission may—

(a) by its officers or agents 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 Commission; 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 Commission without sale; or

(2) the Commission 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 Commission 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.

151. 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.

152. (1) If any chattels the subject of a mortgage in Form B are without the consent in writing of the Commission 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: Twenty-five 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 Commission 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 Commission.

C.9842.—3

Division 4.—Mortgage of Land.

Form of mortgage of land.

153. (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.

154. 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.

155. 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 Commission;

(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 Commission;

(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 Commission, 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.

156. (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 joint names of the Commission and of the Mortgagor and in an office approved by the Commission 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 Commission to produce and hand over to the Commission 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 Commission 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 Commission.

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

Charge of Commission not to be lessened.

158. The charge of the Commission 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 Commission); 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 Commission on or before the date of the mortgage; and

(c) shall not affect the right of the Commission 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 Commission.

Effect of non-compliance with mortgage of land.

159. If any obligation imposed upon a mortgagor by a mortgage in Form C or by these Regulations is not complied with, the Commission 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.

160. 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 Commission 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 Commission 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.

161. (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 Commission has been notified in writing) in the order of priority in which the Commission 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 Commission in any Court of competent jurisdiction.

Conveyance of land by Commission to vest title in purchaser.

162. A conveyance or transfer signed by the Commission 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.

163. 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 Commission by the mortgage or by the regulations, but the Commission may if it think fit register the mortgage in any such registry or take any action it 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.

164. 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.

165. 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 Commission 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 Commission;

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

(f) an obligation to pay and whenever required by the Commission so to do to produce and hand over to the Commission 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 Commission under hire purchase agreement.

166. (1) A Hire Purchase Agreement in Form D confers upon the Commission the right to recover from the hirer in any Court of competent jurisdiction any arrears of hire due under the agreement.

(2) Whenever any obligation of a hirer under a Hire Purchase Agreement in Form D is not complied with the Commission may by its officers or agents 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 take possession of and remove the chattels.

(3) If the hirer fails to comply with an obligation under the agreement to insure and keep insured the chattels, the Commission 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 Commission.

167. Notwithstanding any other law to the contrary the chattels shall remain the property of the Commission 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 Commission hire amounting to the full value of the chattels as stated in the agreement.

Termination of agreement.

168. The hirer may at any time terminate the hiring by delivering up the chattels to the Commission, 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.

169. (1) If any chattels the subject of a Hire Purchase Agreement in Form D are, without the consent in writing of the Commission, and before the full value of the chattels as stated in the agreement has been paid as hire by the hirer to the Commission, 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.

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

Penalty: Twenty-five pounds or three months’ imprisonment.

(a) order the defendant to pay to the Commission 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 Commission.