Division 1.—Soldiers’ State Industrial Committees.
Division 2.—Soldiers’ Industrial Committees.
Part VI.—Employment and Sustenance.
Part VIa.—Living Allowance.
Part VII.—Vocational and Professional Training.
Part VIIa.—Education and Training of children.
Part VIII.—Medical Treatment.
Part IX.—Furniture, Equipment and Businesses—
Division 1.—Furniture and Equipment.
Division 2.—Businesses, Plant, &c.
Division 3.—Co-operative Businesses.
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.
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;
Division Div 2 - Australian Soldiers' Repatriation Regulations - Conditions governing Advances. | Zoe
“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 the Commission, 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.
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 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.
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.
The persons for the time being holding the office of Registrar of Pensions under the Invalid and Old-age Pensions Act 1908–1923 shall be deemed to have been appointed under the Act to the office of Registrar of War Pensions.
Power to appoint trustees.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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, notary public, a commissioner for affidavits, a registrar under the Invalid and Old-age Pensions Act 1908–1923, 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 or form provided for under this Part of these Regulations (whether or not made before any of the persons mentioned in the preceding sub-regulation) he shall be guilty of an offence against these Regulations.
(3) Any person convicted of an offence against this regulation may, in addition to any penalty imposed in respect of such offence, be ordered to repay or return to the Commission, any money, certificate or document received by him in consequence of the untrue statement in respect of which the offence was committed.
(4) This regulation shall not affect the liability of any person to be proceeded against under any other law but he shall not be liable to be punished twice in respect of the same offence.
Signature to forms.
24a. (1) Every form under this Part of these Regulations which has to be signed by any person shall be signed by that person with his personal signature.
(2) Where a person who is unable to sign his name in writing makes a mark as his signature to a form, the mark shall be deemed to be his personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the form as such witness.
(3) A person shall not make the signature of any other person on any form under this Part of these Regulations.
(4) This regulation shall not affect the liability of any person to be proceeded against under any other law but he shall not be liable to be punished twice in respect of the same offence.
Signatures in blank.
24b. A person shall not sign his name on any form under this Part of these Regulations as a signature to such form unless the form has been filled in so as to be ready for use without further addition.
Record of claims.
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.
A medical certificate of incapacity may be in accordance with Form K.
Issue of pension certificate and identification card.
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.
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.
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”.
(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.
The due date of each instalment shall be the first day of the fortnight for which the instalment is payable.
Receipt by pensioner or trustee.
(1) Where the pensioner or the trustee applies personally for payment of a pension instalment he shall give a receipt for each instalment in accordance with Form P.
(2) The Postmaster or other officer authorized to make payment of the pension may refuse to pay any instalment of pension due if he is not satisfied that the person presenting such receipt is the pensioner or trustee.
Advances not to be made on security of pension.
32a. No person shall advance money, or offer or promise to advance money, to a pensioner or to any person on his behalf on the security (whether sole or collateral) of his pension or of any instalment thereof and no person shall purport to accept any transfer or assignment of, or to create any charge on, any such pension or instalment.
Payment to person other than pensioner.
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 and makes a declaration that he is not receiving the pension instalment on his own behalf or on behalf of any other person or any firm, business or partnership, in repayment of any advance, or loan to the pensioner, or by way of, or in consequence of, any sale, assignment, charge, execution or insolvency.
Payment of instalment to female dependant.
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.
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 for declarations.
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.
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 amount of the pension accrued during the period of suspension shall be paid to the pensioner or a trustee.
Duplicate pension certificate.
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.
If a pensioner or a trustee desires to permanently leave the place 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.
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.
(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.
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.
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.
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.
Applications for gifts and loans 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.
Appeals.
(1) Where a Board, 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 Commission against the decision and shall state in writing the grounds of the appeal.
(2) The decision of the Commission shall be final.
Purpose of loan and ability of applicant.
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.
Division 2.—Conditions Governing Advances.
Interest on loans.
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.
A Deputy Commissioner 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.
A Deputy Commissioner 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.
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 Deputy Commissioner satisfactory evidence that he has made proper use of the loan, the Deputy Commissioner may, if he thinks fit, upon an application for a renewal of the loan, grant the renewal for such period, and on such conditions, as he 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.
Where a Deputy Commissioner 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, he 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.
(1) Where property is allotted by way of loan to any person the amount of the 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 Deputy Commissioner requires the person to execute or furnish.
Inspection of property.
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.
(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 Deputy Commissioner may—
(a) revoke or recall any loan, gift, promise of assistance or contract if he is satisfied that, owing to the misconduct, idleness or inefficiency of the soldier or dependant, as the case may be the purpose for which the loan, gift, promise or contract was granted or made, is not likely to be achieved; or
(b) vary the whole or any part of the conditions attached to the loan, gift, promise of assistance or contract, if he 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 Deputy Commissioner revokes, recalls or varies any conditions in pursuance of the last preceding sub-regulation he shall forthwith furnish to the Commission a statement of the reasons for the revocation, recall or variation.
(3) A Deputy Commissioner 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.
In any case where it is considered desirable by 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 Deputy Commissioner or the Executive of a Country Local Committee thinks fit.
Part IV.—Local Committees.
Local Committees.
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 Districts 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.
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.
(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.
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.
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.
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.
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.
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.
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.