Conditions of eligibility of applicants for assistance under section 48.
112a. No application for assistance under section 48 of the Act shall be granted unless all the members of a co-operative business—
(a) are Australian soldiers within the meaning of the Act;
(b) are actively engaged in the working of the business; and
(c) satisfy the Commission that they have invested in the business Treasury Bonds issued under section 13 of the War Gratuity Acts 1920, or cash, equal in amount to the amount of the loan for which application is made.
Conditions under which loans are granted.
112b. Loans may be granted, to the extent specified in section 48 of the Act, subject to the following conditions, viz.:—
(a) interest shall be payable on the full amount of the loan at such rate as the Commission determines;
(b) the period of the loan shall not exceed ten years;
(c) the loan shall be repaid in accordance with a schedule approved by the Commission;
(d) such security shall be given as the Commission considers necessary; and
(e) the provisions of Regulations Nos. 49, 52, 53, 56 and 57 of these Regulations shall not apply to any loan granted in pursuance of this Division.
Part X.—Transportation.
Free passages from the Commonwealth.
If it appears to a Deputy Commissioner 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
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outside the Commonwealth, the Deputy Commissioner, 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.
A Deputy Commissioner, 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.
A Deputy Commissioner, 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.
A Deputy Commissioner may grant a free passage to—
Division Div 3 - Australian Soldiers' Repatriation Regulations - Co-operative Businesses. | Zoe
(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 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.
In any case where a person who would have been eligible to receive a free passage under regulations 11 to 116 has paid his own passage-money, a Deputy Commissioner 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.
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.
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.
Not more than one free passage shall be granted in respect of any one person.
Soldiers serving in other than Australian Forces.
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 Deputy Commissioner a free passage to the Commonwealth:
Provided that no such application shall be granted unless proof is furnished to the satisfaction of a Deputy Commissioner of the soldier’s intention to reside permanently in the Commonwealth.
Fares to employment.
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 10s. 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.
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.
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 in the Schedule for an advance under the Act.
Form of security.
A security may be in accordance with such form in the Schedule as is applicable or such other form as the Commission approves.
Security.
A security may be for a past, present or future advance under the Act.
Rights of Commission under securities.
(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.
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.
(1) The signature of a person giving a security may be attested by any person before whom, under the Statutory Declarations Act 1911–1922, 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.
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 Regulations orders any person to deliver any chattels 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 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.
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.
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.
(1) 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 dies or 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 or the executor or administrator of the borrower, as the case may be, and recoverable by the Commission.
(2) Nothing in this regulation shall make the executor or administrator personally liable for the payment of any moneys due and payable under this regulation.
Division 3.—Mortgage of Chattels.
Form of security for advance on chattels.
(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.
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 or from any other premises to which they have been removed with the consent of the Commission;
(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.
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.
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.
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. (1) 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 dies or 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 or the executor or administrator of the mortgagor, as the case may be, of any balance then remaining;
or retain the mortgaged chattels or any of them without sale;
(c) recover from the mortgagor or the executor or administrator of the mortgagor, as the case may be, the full amount lent and all interest payable under the mortgage after giving the mortgagor or the executor or administrator of the mortgagor, as the case may be, credit for—
(i) any amounts repaid by the mortgagor or the executor or administrator of the mortgagor, as the case may be;
(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 the executor or administrator of the mortgagor, as the case may be, 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 or the executor or administrator of the mortgagor, as the case may be, the full amount lent and all interest payable under the mortgage after giving credit for any amount repaid by the mortgagor or the executor or administrator of the mortgagor, as the case may be; 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”.
(2) Nothing in this regulation shall make the executor or administrator personally liable for the payment of any moneys due and payable under this regulation.
Mortgage of chattels to have effect of bill of sale.
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.
(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.