Australian Soldiers' Repatriation Regulations

Division 1.—Grant of Pensions.

Division 2.—Pension Appeal Tribunals.

Part III.—General—

Division 1.—Applications for Assistance.

Division 2.—Conditions governing Advances.

Part IV.—Local Committees.

Part V.—Living Allowances.

Part VI.—Education and Training of Children.

Part VII.—Medical Treatment and Sustenance.

Part VIII.—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 IX.—-Miscellaneous.

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

“Applicant” means a person applying for assistance and benefits under the Act or under these Regulations.

(a) Made under the Australian Soldiers’ Repatriation Act 1920-1931 on 6th February, 1934; notified in the Gazette on 8th February, 1934.

*“Child” means any dependant under the age of sixteen years being a son, daughter, step-son, step-daughter, adopted son, or adopted daughter of a deceased or incapacitated soldier, and includes an ex-nuptial child but does not include—

(a) any step-son, step-daughter, or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or

(b) any child born to a soldier after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies and his death is accepted for the purposes of the Act and of these Regulations as attributable to war service;

‘‘Claim” means a claim for a pension in accordance with the Act, or with any Act repealed by the Act;

‘‘Claimant” means a person who has made a claim for a war 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;

“Deceased soldier” means a soldier whose death has been accepted for the purposes of the Act and of these Regulations as attributable to war service;

“Departmental Medical Officer” means a Medical Officer of the Department, other than a Local Medical Officer, appointed under the Act;

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

“Education Board” means a Soldiers’ Children Education Board established under Part VI. of these Regulations;

“Incapacitated Soldier” means a soldier suffering from incapacity as defined in the next succeeding definition;

“Incapacity” means any degree of physical or mental disablement of a member of the Forces or an Australian soldier which resulted from a disability which occurred during, or was contributed to by, or has resulted from, his employment as a member of the Forces or as an Australian soldier, and includes disablement arising from disease contracted by him during such employment, but does not include disablement arising from—

(a) disease due to his default;

(b) intentionally self-inflicted injuries;

* See definition in Part II.—Pensions.

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(c) any breach of discipline by him; or

(d) any occurrence happening during the commission of any such breach of discipline;

“Living Allowance” means an allowance under Part V. of these Regulations;

“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 recognized for the particular locality;

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

“Local Medical Officer’’ means a Medical Officer appointed under the Act for an area;

“Married” means, in relation to a soldier, married prior to the second day of October One thousand nine hundred and thirty-one;

“Member” means a member of the Forces as defined in section twenty-two of the Act;

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

*“Pension” means a pension under the Act, and, except in Part II. of these Regulations, 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, or under any Act repealed by the Act;

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

“Soldier” means an Australian soldier as defined in section forty-six 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 who has been accepted by the Commission as incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage;

“Trustee” means a trustee appointed under these Regulations; “War Pension” means a pension under the Act;

“Widow” includes a person who is eligible for a war pension under section thirty-six of the Act;

* See definition in Part II.—Pensions.

“Widowed Mother means a widowed mother of—

(a) a deceased unmarried soldier; or

(b) a deceased unmarried soldier who was born out of wedlock and brought up by her,

who became a widow prior to or within three years after the death of the soldier; and includes an unmarried mother of a deceased unmarried soldier who was brought up by her;

“Widowed Stepmother” means a widowed stepmother of a deceased unmarried soldier who became a widow prior to or within three years after the death of the soldier;

“Wife”, in relation to a soldier, does not include any wife married to a soldier after the first day of October One thousand nine hundred and thirty-one.

Part II.—Pensions.

Division 1.—Grant of Pensions.

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, but does not include—

(i) any step-son, step-daughter, or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or

(ii) any child born to a member after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies and his death is accepted for the purposes of the Act and of these Regulations as attributable to war service;

“Dependants” means such dependants of a member of the Forces as are entitled to pension under the Act;

“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 1908-1933 shall be deemed to have been appointed under the Act to the office of Registrar of War Pensions.

Power to appoint trustees.

7.—(1.) 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 he thinks fit,

appoint a person to be the trustee of the pensioner, or assume the trusteeship himself.

(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 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 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, and such of his children as are under the age of sixteen years, may be included in the claim of the member.

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, 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.—(1.) Where the claim has been made by or on behalf of a dependant of a member, 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; 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:

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,

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

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

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

(2.) 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 same 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 inquires and report.

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 forthwith report to a Deputy Commissioner the result of his investigations and forward to him all the papers in the case.

Power to obtain information.

18. A Deputy Commissioner or a Registrar may take action in pursuance of regulation 193 of these Regulations to obtain any information which may be required for the purpose of determining a claim for pension or a review of pension.

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 who is referred to in the claim. In the case of a member 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 to be made.

Declarations.

23.—(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 1908-1933, 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 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.

Medical certificate.

24. A medical certificate of incapacity shall be in accordance with Form K.

Issue of pension certificate and identification card.

25. 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.

26. 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.

27. 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 “.

Due date of instalments.

28. 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.

29.—(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.

30.—(1.) No person shall advance money or goods, or offer or promise to advance money or goods, 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.

(2.) No pensioner shall obtain an advance of money or goods upon the security of his pension, or any instalment thereof, and no pensioner shall purport to transfer or assign or create any charge on his pension or any instalment thereof.

Payment to person other than pensioner.

31. 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 whole or any portion of 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, or in payment of any debt whether now due or about to become due from the pensioner.

Payment of instalment to female dependant.

32. An instalment of a pension granted to any single or widowed female dependant of a member 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.

33. 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.

34. 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.

35. Where a Deputy Commissioner is satisfied that a pensioner is misspending money, the Deputy Commissioner, if 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.

36. 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.

37. 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 19 .” 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.

38. 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.

39.— (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 1920-1931, 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.

40. 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 shall be made early enough in every case to secure a new supply of forms before the old stock becomes exhausted.

Payment of lump sum in lieu of pension.

41. In a case where the Commission has given approval for the pension of a member to be paid in a lump sum in accordance with section thirty-two of the Act the Commission may assess a lump sum which would in its opinion be equivalent to the payment of pensions to which the member’s dependants would be entitled under the Act and in that case the liability to payment of the lump sum so assessed shall with the consent of the dependants be substituted for the liability to payment of a pension under the Act.

Division 2.—Pension Appeal Tribunals.

Lodging of appeal to Appeal Tribunal.

42.—(1.) Any appellant may lodge an appeal under section forty-five k of the Act with a Deputy Commissioner who shall submit the appeal and all relevant documents to the Commission.

(2.) Such appeal shall be made in accordance with Form TA or TB, as the case requires.

Notice of hearing before Appeal Tribunal.

43.—(1.) The Chairman of an Appeal Tribunal may, by notice in writing to the appellant and the Commission, direct that the appeal be heard at the time and place specified in the notice.

(2.) Notice of the hearing of the appeal shall be given to the appellant and the Commission not less than fourteen days prior to the date fixed for the hearing of the appeal.

Appeal Tribunal may determine appeal in absence of appellant.

44. Where an appellant or his representative fails to attend at the time and place set down for the hearing of the appeal, the Appeal Tribunal may decide the appeal in his absence or may postpone the hearing until a date to be fixed.

Decisions of Appeal Tribunal to be recorded.

45.— (1.) Any decision of an Appeal Tribunal shall be recorded in accordance with Form TC and shall be signed by the Chairman or Deputy Chairman, as the case requires.

(2.) A record of all appeals heard and decisions given by an Appeal Tribunal shall be kept by the Tribunal.

Notification of decision of Appeal Tribunal.

46. An Appeal Tribunal shall, in respect of each appeal decided by it, notify the Commission by notice in accordance with Form TC and notify the appellant by notice in accordance with Form TD.

Lodging of appeal to Assessment Appeal Tribunal.

47. Any member who is in receipt of a pension under the Act may lodge under section forty-five n of the Act with a Deputy Commissioner an appeal in accordance with Form TE against the current assessment of the rate of his pension.

Appeal against Commission’s decision that war incapacity so slight that it does not warrant grant of pension.

48. Any member whose accepted war incapacity has been deemed to the Commission to be so slight as not to warrant a pension assessment, may lodge under section forty-five n of the Act with a Deputy Commissioner, an appeal in accordance with Form TJ against the Commission’s refusal to grant him a pension.

Notice of hearing before Assessment Appeal Tribunal.

49.—(1.) The Chairman of an Assessment Appeal Tribunal may, by notice in writing to the appellant and the Commission, direct that he appeal be heard at the time and place specified in the notice.

(2.) Notice of the hearing of the appeal shall be given to the appellant and the Commission not less than seven days prior to the date fixed for the hearing of the appeal.

Decisions of Assessment Appeal Tribunal to be recorded.

50.—(1.) Any decision of an Assessment Appeal Tribunal shall be recorded in accordance with Form TF and shall be signed by the Chairman or Deputy Chairman, as the case requires.

(2.) A record of all appeals heard and decision given by an Assessment Appeal Tribunal shall be kept by the Tribunal.

Notification of decision of Assessment Appeal Tribunal.

51. An Assessment Appeal Tribunal shall, in respect of each appeal decided by it, notify the Commission by notice in accordance with Form TF and notify the appellant by notice in accordance with Form TG.

Undertaking as to secrecy.

52. Before any information contained in the records relating to his case is made available to an appellant in pursuance of section forty-five z of the Act, the appellant or his representative shall sign an undertaking in accordance with Form TH.

Payment of expenses of appellant.

53.—(1.) Any appellant shall, if he attends a sitting of an Appeal Tribunal or an Assessment Appeal Tribunal, be entitled to receive the following expenses:

(2.) An Appeal Tribunal or an Assessment Appeal Tribunal may, on the advice of a Departmental Medical Officer or Local Medical officer, as the case may be, authorize an attendant to accompany an appellant and may provide for the attendant a fare of the same class

as that of the appellant, 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.) In the case of an appellant resident within fifteen miles from the place of hearing of the appeal whose incapacity is, in the opinion of a Departmental Medical Officer, of such a nature that it is necessary for him to be conveyed in an ambulance or other special conveyance, he shall be entitled to receive any reasonable cost involved in the use by him of such ambulance or special conveyance to attend at the place of hearing, and, in addition, an amount not exceeding 7s. 6d. if other financial loss to the appellant is involved.

Appointment of Assessment Appeal Tribunal.

54. From the lists of medical practitioners approved from time to time by the Minister under section forty-five l of the Act, the Chairman of an Assessment Appeal Tribunal shall select, as members of such Tribunal, two medical practitioners who have the necessary knowledge of the nature of the disability from which the appellant or appellants is or are suffering.

Part III.—General.

Division 1.—Applications for Assistance.

Applications, how made.

55. Applications for assistance shall be made in writing to a Deputy Commissioner 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.

56. 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.

57. Applications for assistance shall, where not otherwise provided for, be determined by a Deputy Commissioner in accordance with these Regulations.

Appeals.

58.— (1.) Where a Board or a Deputy Commissioner 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.

59. A Board or a Deputy Commissioner 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 and Assistance.

Interest on loans.

60. Any assistance granted by way of loan under these Regulations or under the Regulations repealed by these Regulations shall bear interest at a rate not exceeding five per centum per annum:

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

Security for assistance by way of loan or hire purchase.

61. A Deputy Commissioner shall require any person to whom assistance by way of loan or hire purchase 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 or payment of the value of the chattels obtained by hire purchase, as the case may be.

Terms of repayment of assistance by way of loan or hire purchase.

62. A Deputy Commissioner shall not grant assistance by way of loan or hire purchase for a longer period than ten years, and in determining the terms of repayment of the assistance by way of loan or hire purchase regard shall be had to—

(a) the general circumstances of the person to whom the assistance by way of loan or hire purchase is granted;

(b) the purpose for which the assistance by way of loan or hire purchase 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 assistance by way of loan or hire purchase shall, as far as possible, be repayable in accordance with a schedule approved by the Commission.

Renewal of assistance by way of loan or hire purchase.

63. In any case where a person to whom assistance by way of loan or hire purchase has been granted under these Regulations, has been unable to repay the whole, or any part, of the assistance by way of loan or hire purchase within the period fixed for repayment, and produces to the Deputy Commissioner satisfactory evidence that he has made proper use of the assistance by way of loan or hire purchase, a Deputy Commissioner may, if he thinks fit, upon an application for a renewal of the assistance by way of loan or hire purchase, 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 renewal is granted.

Writing off loans, &c.

64. Where a Deputy Commissioner is satisfied that a person, who has obtained from the Commission a loan or chattels by hire purchase secured by Form A, B, C or D in the Schedule, or by any other form of security, is unable to repay the amount of the loan or of the value of the chattels (as the case may be) as stated in the security, or that for any other reason any such amount should be written off, the Deputy Commissioner may write off the whole or any portion of the amount:

Provided that where the amount exceeds one hundred pounds, the Deputy Commissioner shall refer the case, with a recommendation, to the Commission for determination.

Security for property allotted as assistance by way of loan or hire purchase.

65.—(1.) Where property is allotted as assistance by way of loan or hire purchase 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 grant by way of loan or hire purchase (as the case may be) 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.

66. It shall be a condition of the grant of any assistance by way of loan or hire purchase 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 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.

67.—(1.) Subject to regulation 63 of these Regulations, where any loan, gift or promise of assistance to, or any contract with, a soldier or a dependant of a soldier has been made, 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.

68. In any case where it is considered desirable by a Deputy Commissioner, 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 thinks fit.

Orders not to be transferred.

69.—(1.) No person to whom an order is granted under these Regulations shall transfer the order to any other person.

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

Review by Commission.

70.—(1.) Whenever it appears to a Board or a Deputy Commissioner that sufficient reason exists for reviewing any grant of assistance or benefits under these Regulations, or under the regulations repealed by these Regulations, the Board or the Deputy Commissioner may review such grant.

(2.) Upon such review, the Board or the Deputy Commissioner may increase, reduce or cancel the grant and such action may be taken notwithstanding that the person to whom such assistance or benefits have been granted refuses or fails to attend at the time and place fixed by the Board or the Deputy Commissioner for the review.

Part IV.—Local Committees.

Local Committees.

71. 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.

Selection of nominees for appointment to Local Committees.

72.—(1.) The Commission may appoint any person whose name is submitted to the Commission by a Deputy Commissioner to be a member of a Local Committee.

(2.) For the purposes of the appointment of a member of a Local Committee, a Deputy Commissioner may, after taking all factors into consideration, select from reputable persons resident in the Local Committee area, including persons nominated by the Local Committee in pursuance of regulation 73 of these Regulations, and shall submit the name of each person selected to the Commission, with such information and recommendation as he deems advisable.

Powers of Local Committees.

73.—(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;

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

(f) to nominate persons for selection by a Deputy Commissioner as persons to be appointed to a Local Committee.

(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.

74. 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 furnish to the Deputy Commissioner when required by him—

(i) a statement, certified as correct by a competent auditor and by the Secretary of the Local Committee, showing, in respect of contributions received in pursuance of regulation 73 of these Regulations, the total receipts, total expenditure on benefits to soldiers or their dependants, total expenditure on administration, balance held, where banked or how invested; the statement to show progressive figures from the earliest date from which particulars are available and the qualification, trade or profession of the auditor;

(ii) a list of the full names, occupations, and addresses of the members of the Local Committee; and

(d) to furnish such other information as the Commissioner or a Deputy Commissioner from time to time requires.

Procedure in event of failure of Local Committee to furnish information.

75.—(1.) Where a Local Committee has failed or refused to furnish any information required to be furnished in pursuance of the provisions of paragraph (c) or paragraph (d) of regulation 74 of these Regulations, the Deputy Commissioner may, by notice in writing, require the person who is acting, or who has acted, as Secretary to the Local Committee, or any member of the Local Committee, to furnish, within one month from the date of the notice, the particulars which the Local Committee was required to furnish.

(2.) If any notice given in pursuance of sub-regulation (1.) of this regulation is not complied with to the satisfaction of the Deputy Commissioner, the Commission may, by notification in the Gazette, declare that the funds of the Local Committee to which the notice refers are vested in the Commission, and thereupon those funds shall become vested in the Commission.

(3.) Upon notification by the Commission that the funds of a Local Committee have been vested in the Commission pursuant to sub-regulation (2.) of this regulation, any person or body having the control of those funds shall transfer the funds to the Commission or otherwise deal with them as directed by the Deputy Commissioner.

Local Committee Executive.

76.—(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.

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

(i) the placing of soldiers in employment; and

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

Duties of Executive.

78. 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.

79. 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.

80. 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.

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

Past V.—Living Allowances.

Reductions of allowances.

82. Notwithstanding anything contained in these Regulations, the amount of any allowance which but for this regulation and section forty-two of the Financial Emergency Act 1931 as amended by the Financial Relief Act 1933 would have been payable under regulations 83, 88, 90, 92 and 97 of these Regulations shall be reduced by twenty per centum.

Widowed mother of soldier.

83. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the widowed mother of a deceased unmarried soldier who was, prior to his enlistment, dependent upon him or would have been dependent upon him but for his enlistment prior to his reaching a reasonable earning capacity, and who is resident in the Commonwealth, such allowance as will ensure to her an income from all sources not exceeding 84s. per fortnight inclusive of pension.

Mother of deceased soldier with incapacitated husband.

84. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the mother of a deceased unmarried soldier who—

(a) has a husband so incapacitated as to be unable to contribute materially to her support;

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

(c) was dependent on the deceased soldier prior to enlistment, or would have been dependent on him but for his enlistment prior to his reaching a reasonable earning capacity,

such allowance whilst they are resident within the Commonwealth as will ensure to the parents an income from all sources not exceeding 60s. per fortnight each, inclusive of their combined pensions:

Provided that this regulation shall not apply to any mother unless the husband’s incapacitation occurred prior to or within three years after the decease of the soldier:

Provided further that, in the event of the death of the husband, any allowance granted under this regulation shall continue to be paid to the mother but shall not exceed such amount as will ensure to the mother an income from all sources not exceeding 60s. per fortnight inclusive of pension.

Incapacitated father of soldier.

85. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the father of a deceased unmarried soldier who—

(a) is incapacitated;

(b) is a widower; and

(c) was dependent on the deceased soldier prior to his enlistment, or would have been dependent on him but for his enlistment prior to his reaching a reasonable earning capacity,

such allowance whilst he is resident in the Commonwealth as will ensure to him an income from all sources not exceeding 60s. per fortnight inclusive of pension:

Provided that this regulation shall not apply to any father unless his incapacitation occurred prior to or within three years after the decease of the soldier.

Divorced, deserted, &c. mother of deceased soldier.

86. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant—

(a) to the divorced, deserted or unmarried mother; or

(b) to the widowed, deserted or divorced stepmother,

of a deceased unmarried soldier who was prior to his enlistment dependent upon him, or would have been dependent upon him but for his enlistment, prior to his reaching a reasonable earning capacity, and who is resident within the Commonwealth, such allowance as will ensure to her an income from all sources not exceeding 60s. per fortnight inclusive of pension:

Provided that this regulation shall not apply to any mother unless the divorce, desertion or death of the husband occurred prior to or within three years after the decease of the soldier.

Children of deceased soldier where a widow re-marries.

87. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the children of a deceased soldier, where the widow of that soldier re-marries whilst resident in the Commonwealth, an allowance of 10s. per fortnight each, in addition to war pension, provided that—

(a) the children are in necessitous circumstances, and are over the age of ten years;

(b) the widow is not in receipt of a widow’s war pension; and

(c) the stepfather is incapacitated, or has neglected his parental obligations.

Remarried widow of deceased soldier who is again widowed and is without adequate meant of support.

88.—(1.) The Commission may, having regard to the circumstances of the case, grant to the widow of a deceased soldier—

(a) who has re-married;

(b) the widow is not in receipt of a widow’s war pension; and

(c) who is without adequate means of support; and

(d) who is resident in the Commonwealth,

such allowance as will provide her—

(i) if she has no children, with an income from all sources of 60s. per fortnight (inclusive of any pension), but so that the allowance granted under this regulation shall not exceed 40s. per fortnight;

(ii) if she has one child, with an income from all sources of 90s. per fortnight (inclusive of any pensions payable to her and to the child), but so that the allowance granted under this regulation shall not exceed 50s. per fortnight;

(iii) if she has two children, with an income from all sources of 105s. per fortnight (inclusive of any pensions payable to her and to the children), but so that the allowance granted under this regulation shall not exceed 55s. per fortnight;

(iv) if she has three children, with an income from all sources of 115s. per fortnight (inclusive of the pensions payable to her and to the children), but so that the allowance granted under this regulation shall not exceed 60s. per fortnight; and

(v) if she has four or more children, with an income from all sources of 120s. per fortnight (inclusive of the pensions payable to her and to the children), but so that the allowance granted under this regulation shall not exceed 65s. per fortnight.

Children of deceased soldier who are motherless, deserted, &c.

89. A Board may, subject to such conditions as are from time to time laid down by the Commission, and having regard to the circumstances of the case, grant to the children of a deceased soldier—

(a) who are motherless;

(b) who are deserted by their mother;

(c) who are neglected by their mother so as to necessitate their removal from her care; or

(d) whose mother is an inmate of a mental institution,

an allowance of 10s. per fortnight, in addition to war pension, provided that the children—

(i) are in necessitous circumstances; and

(ii) are placed with guardians.

Widow and children of soldier who dies within three years after discharge.

90.—(1.) A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, in the case of a soldier who dies from any cause within three years after the date of his discharge grant to the widow and children of such soldier, whilst resident in the Commonwealth for such period as the Commission determines, an allowance inclusive of their combined pensions, not exceeding 40s. per fortnight for the widow and 7s. per fortnight for each child:

Provided that she is or they are in necessitous circumstances.

(2.) For the purpose of this regulation “widow” includes a person who was prior to the death of a soldier recognized as his wife although not legally married to him.

Sustenance and Living Allowances not to be received at same time.

91. Notwithstanding anything contained in Part VII. of* this Part of these Regulations no person shall receive, at one and the same time, a Sustenance Allowance in pursuance of regulations 113 or 114 of these Regulations and a Living Allowance in pursuance of this Part.

Married soldier temporarily totally incapacitated.

92. A Board may, subject to such conditions as are from time to time laid down by the Commission, and having regard to the circumstances of the case, grant to a soldier who—

(a) is married; and

(b) has been certified by a Departmental Medical Officer as having been temporarily totally incapacitated for a longer period than three months,

an allowance, in addition to his war pension, not exceeding 40s. per fortnight:

Provided that such allowance shall be payable only from the day following the date of expiration of the period of three months aforementioned:

Provided further that the allowance shall not be payable to a soldier who is maintained in an establishment at the public expense.

Soldier 65 per cent. or more incapacitated.

93. The Commission may, having regard to the circumstances of the case, grant to a soldier whose incapacity is, for the purpose of assessing his war pension, assessed at not less than 65 per centum of total incapacity, and whose incapacity is of such a nature as to preclude him from engaging in regular employment or from earning a living wage, such an allowance as will—

(a) ensure, in respect of the soldier an income of 84s. per fortnight inclusive of his war pension and earnings; and

(b) if the soldier is married, ensure—

(i) in respect of his wife, an income, inclusive of her pension and earnings, equivalent to the maximum rate of war pension payable to the wife of an incapacitated soldier; and

(ii) in respect of each of his children, an income, inclusive of the child’s pension and earnings, equivalent to the maximum rate of war pension payable to the child of an incapacitated soldier:

Provided that in no case shall the total amount granted to any soldier in respect of himself and his wife and children exceed 32s. per fortnight.

Provided further that, if the soldier is able but fails or neglects to earn some portion of a living wage, the Commission may, for the purpose of this regulation, assess and take into consideration as income earned, any amount which it considers the soldier should be receiving as earnings from the occupation which his disablement does not debar him from following:

Provided also that, where the wife or children of the soldier are engaged in any occupation, the Commission may take their earnings into consideration in assessing the amount of the allowance to be granted to the soldier in respect of himself, his wife and children.

Provided also that the allowance shall not be payable to a soldier who is maintained in an establishment at the public expense.

*Semble, should be “or”.

Definition of married soldier.

94. For the purposes of regulations 92 and 93 of these Regulations a soldier who—

(a) is a widower with children who are being maintained by him; or

(b) is divorced from his wife, and has children who are being maintained by him,

shall be deemed to be married.

Allowance to blinded soldier for attendant.

95.—(1.) The Commission may grant to a totally blinded soldier, who is in receipt of a war pension under the Second Schedule to the Act, an allowance, not exceeding 40s. per fortnight, to provide for the services of an attendant.

(2.) In the case of a soldier whose eyesight is, in the opinion of the Commission, so defective that he has no useful sight, and who is in receipt of a war pension under the Second Schedule to the Act, the Commission may in its discretion grant to the soldier an allowance, not exceeding 40s. per fortnight, to provide for the services of an attendant, if and so long as the Commission is satisfied that the services of an attendant are necessary.

(3) No allowance under this regulation shall be payable to any soldier who is maintained in an establishment at the public expense.

Dependants of soldier dying after seven years after discharge.

96. In the case of a deceased soldier who died after the expiration of seven years after the date of his discharge, the Commission may, having regard to the circumstances of the applicant, grant to any person who is included in any of the classes specified in section sixty of the Act, and who is not entitled to a war pension under the Act in respect of the death of the soldier, an allowance at such rate as the Commission thinks fit, but not exceeding the rate of war pension which would be payable to that person if he were entitled to be paid a war pension.

Allowance to soldier suffering loss of vision of one eye.

97. The Commission may grant to a soldier who is in receipt of a pension under the Fourth Schedule to the Act with respect to loss of vision in one eye, and who is ineligible for any amount under the Fifth Schedule to the Act, an allowance (in addition to war pension) not exceeding 15s. per fortnight:

Provided that in no case shall the soldier’s combined war pension and allowance under this regulation exceed the amount which would be payable to him under Column 4 of the First Schedule to the Act if he were totally incapacitated.

Allowance to dependant child over the age of 16 years.

98. The Commission, having regard to the circumstances of the case, may grant to a dependant being the son, daughter, step-son, stepdaughter, adopted son or adopted daughter who—

(a) is over the age of 16 years;

(b) was in receipt of a war pension or an allowance under regulation 96 of these Regulations as the “child” of a soldier;

(c) was, upon the termination of the “child’s” war pension or allowance, in the opinion of the Commission, unable to earn a livelihood;

(d) is not otherwise entitled to a war pension under the Act or an allowance under these Regulations,

an allowance not exceeding the rate specified in Column 2 of the First Schedule to the Act opposite the rate of pay of the member.

99. The Commission or a Board may, subject to such conditions as are from time to time laid down by the Commission, grant such allowance to the third or any subsequent child of a deceased soldier as will provide, together with war pension payable or allowance payable under regulation 96 of these Regulations in respect of that child, a sum equal to the war pension or allowance payable to the second child of that soldier.

Part VI.—Education and Training of Children.

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

“eligible child” means the child under the age of eighteen years of a deceased or of a totally and permanently incapacitated soldier but does not include—

(i) any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or

(ii) any child born to a soldier after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies and his death is accepted for the purposes of the Act and of these Regulations as attributable to war service;

“the scheme” means the Soldiers’ Children Education Scheme referred to in regulation 103 of these Regulations.

Soldiers’ Children Education Boards.

101.—(1.) For the purpose of making available, for the benefit of eligible children, educational and training facilities, the Commission shall establish, in the capital city of each State, an Education Board to be called the Soldiers’ Children Education Board.

(2.) Subject to the next succeeding sub-regulation an Education Board shall consist of three representatives to be nominated by the Director, or other chief officer of education of a State and representing respectively the State Primary, the State Secondary, and the State Technical Educational Institutions in the State, one representative nominated by the governing body of the University in the State, one representative nominated by the State branch of Returned Sailors and Soldiers’ Imperial League of Australia, one representative of the Department nominated by the Commission, one representative in respect of each Trust Fund from which the sum of at least £5,000 is contributed for the purposes of the scheme, one representative of the Trust administering the Sir Samuel McCaughey Bequest, two representatives nominated in the manner determined by the Commission of such non-State Secondary Schools in the State as donate at least one full free scholarship for the purposes of the scheme, and one representative nominated in the manner determined by the Commission of Headmistresses of such

Girls’ Secondary Schools in the State as donate at least one full free scholarship for the purposes of the scheme, and such other persons as may be selected by the Commission.

(3.) Notwithstanding anything contained in the last preceding sub-regulation the Soldiers’ Children Scholarship Trust in the State of Western Australia and such other persons as are nominated in accordance with the last preceding sub-regulation as the representatives of such of the bodies and persons mentioned in the last preceding sub-regulation as are not represented in the Trust shall be deemed to be the Education Board in the State of Western Australia.

(4.) At their first meeting in each calendar year the members of an Education Board shall elect one of their number to be the Chairman of the Education Board and another member to be the Deputy Chairman of the Education Board.

(5.) In the absence of the Chairman from any meeting of the Education Board, the Deputy Chairman shall preside, and in the absence of both the Chairman and the Deputy Chairman, the members present at the meeting shall elect one of their number to preside at the meeting.

(6.) The Chairman, and, in his absence, the Deputy Chairman, and in the absence of both the member elected to preside at the meeting of an Education Board, shall have a casting vote only.

(7.) Five members of an Education Board shall form a quorum.

Vacancies in Board.

102.—(1.) Any member of an Education Board who is absent without leave from three consecutive meetings of the Education Board shall cease to be a member of the Education Board.

(2.) In the event of a vacancy occurring by reason of the death, resignation or forfeiture of office of any member of an Education Board, the vacancy shall be filled in the same manner as the member, whose death, resignation or forfeiture of office caused the vacancy, was chosen.

Education scheme.

103. The Commission shall prepare a scheme, to be known as the Soldiers’ Children Education Scheme, for providing facilities for the education and training of eligible children, and may co-operate with the Education Boards in the execution of the scheme.

Powers of Board.

104. An Education Board shall, subject to the provisions of the scheme, have power—

(a) to secure the granting of free scholarships to eligible children;

(b) to require applicants to furnish such information in addition to that contained in their applications, as the Education Board thinks fit;

(c) to grant or refuse applications and place the children to be benefited in the proper courses of education or training selected;

(d) to obtain, from time to time, reports on the progress of children so placed;

(e) to grant maintenance allowances to children so placed or to their mothers or guardians;

(f) to make recommendations to the Commission with respect to the welfare of children so placed; and

(g) to delegate any of its powers under this regulation except its powers of delegation to a sub-Committee of its members so that the delegated powers may be exercised by the sub-Committee.

Application for assistance.

105. Applications for benefits or assistance under this Part of these Regulations shall be made in the first instance to a Deputy Commissioner.

Appeal to Commission.

106. Where an Education Board refuses an application the applicant may appeal to the Commission stating the grounds of appeal, and the decision of the Commission shall be final.

Special cases.

107. An Education Board may refer to the Commission, with its recommendation, any application which cannot be dealt with under the scheme, but which, in the opinion of the Education Board, should receive special consideration, and the Commission may, in its discretion, grant or refuse the application.

Care and education of children.

108. The Commission may make such arrangements and pay such amounts as it deems necessary for the care and education of a child of a deceased soldier or a child of a totally and permanently incapacitated soldier for any period prior to the child’s admission to the Soldiers’ Children Education Scheme.

Part VII.—Medical Treatment and Sustenance.

Grant of medical treatment.

109. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a soldier whose disability is due to or aggravated by war service.

Non-liability in cases of unauthorized treatment.

110. The Commission shall not be liable for any expenditure incurred without its authority in respect of medical treatment of a soldier.

Non-liability where treatment is not granted.

111. A Deputy Commissioner may refuse to grant medical treatment under regulation 109 or regulation 112 of these Regulations and the Commission shall not be liable for any expenditure subsequently incurred without its authority in any case where a Departmental Medical Officer or a Local Medical Officer is of opinion that a soldier has caused a recurrence of, or has aggravated, his disability, or has retarded his recovery by misconduct, neglect, or any wilful act.

Surgical aids, &c.

112.—(1.) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, supply, renew and repair artificial replacements and other necessary surgical aids and appliances for a soldier whose incapacity necessitates their use:

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

(2.) Except as otherwise determined by the Commission, any article supplied to a soldier in pursuance of sub-regulation (1.) of this regulation shall remain the property of the Commission, and the Commission may at any time, if not satisfied that the article is being put to proper use, require its return.

Rates of sustenance while undergoing medical treatment, &c.

113.—(1.) Where a Departmental Medical Officer certifies that a soldier is prevented from following his usual occupation through—

(a) the necessities of treatment for a disability due to or materially aggravated by war service; or

(b) awaiting the supply of, or repairs to, artificial limbs or other surgical appliances,

a Deputy Commissioner may, for such period as the Departmental Medical Officer specifies in his certificate, grant sustenance allowance to the soldier in accordance with the following scale but so that the total income of the soldier shall not exceed the sum of amounts payable in accordance with that scale:—

Provided that, in the case of a soldier without dependants, sustenance allowance shall not be payable where the soldier is undergoing inpatient treatment at an institution maintained at the public expense:

Provided further that sustenance allowance shall not be payable in any case of a soldier whose war pension has been assessed at a rate not to be increased.

(2.) For the purposes of this regulation, “Total income” means the income of the soldier from all sources including the amounts payable under this regulation and the pensions granted in respect of himself, wife and children, as the case may be.

Sustenance during investigation.

114.—(1.) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, arrange for investigation to be carried out in connexion with—

(a) a claim by a soldier that he is suffering incapacity; or

(b) war pension in respect of a soldier.

(2.) Where a Departmental Medical Officer certifies that the necessities of any investigation in pursuance of sub-regulation (1.) of this regulation prevent a soldier from following his usual occupation, a Deputy Commissioner may, for such period as the Departmental Medical Officer specifies in his certificate, grant sustenance allowance in accordance with the rates and conditions specified in regulation 113 of these Regulations.

Medical treatment for widows, &c.

115.—(1.) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for widows and children of deceased soldiers and for widowed mothers and widowed stepmothers of deceased unmarried soldiers.

(2.) For the purposes of this regulation—

“Child” does not include the child of a widow who re-marries, unless in the opinion of a Deputy Commissioner, the special circumstances of the case justify his inclusion.

Fares for medical treatment and pension purposes.

116.—(1.) A Deputy Commissioner 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:

(d) to proceed to hospital; or

(e) for war pension purposes;

grant his fare to and from his place of treatment or examination, together with sustenance in accordance with Regulation 113 of these Regulations, and reasonable subsistence expenses, necessarily incurred, not exceeding 10s. per day when travelling by land, and 3s. per day when travelling by sea.

(2.) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or 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 reasonable subsistence expenses, necessarily incurred, not exceeding 10s. per day for such period as is considered reasonable to complete the forward and return journeys.

(3.) A Deputy Commissioner 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.

Part VIII.—Securities.

Division 1.—General.

Definition.

117.—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.

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

Security.

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

Rights of Commission under securities.

120.—(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.

121. 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.

122. 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.

123. 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.

124. 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.

125.—(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.

126. 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 notices, &c.

127. Any consent, demands, 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.

128. 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.

129.—(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.

130. 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.

131. 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

132.—(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.

133.—(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.

134. 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.

135. 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 be lessened.

136. 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.

137. 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.

138. 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.

139. 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.

140. For the purposes of regulations 137 and 139 of these Regulations a sale or disposition of the whole or a substantial part of the stock-in-trade of the business is not a sale or disposition in the ordinary and usual course of trade in that business.

Effect of non-compliance with obligation under mortgage.

141.—(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.

142. 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.

143.—(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; on

(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.

Division 4.—Mortgage of Land.

Form of mortgage of land.

144.—(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.

145. 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, watercourses, 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.

146. 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.

147.—(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.

4716.—16

(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.

148. 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.

149. 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 of 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.

150.—(1.) If any obligation imposed upon a mortgagor by a mortgage in Form C or by these Regulations is not complied with, or if the mortgagor dies, the Commission may—

(a) recover from the mortgagor or the executor or administrator of the mortgagor, as the case may be, 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.

(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.

Application for order for sale.

151.—(1.) 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 or the executor or administrator of the mortgagor, as the case may be, 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 or the executor or administrator of the mortgagor, as the case may be, to pay the costs of and incidental to the order.

(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.

Application of proceeds of sale.

152.—(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.

153. 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.

154. 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.

155. 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.

156. 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 or from any other premises to which they have been removed with the consent of the Commission;

(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 pay to the Commission a premium of 1s. per annum for the insurance of the chattels against loss or damage by fire for the full value of the chattels as stated in the agreement;

(f) an obligation not to bring or keep or allow to be brought or kept, without the consent in writing of the Commission, any explosive or dangerously inflammable substance upon the (premises where the chattels or any of them are situated;

(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;

(h) an obligation to remove, within a time specified by the Commission, any cause of danger of loss or damage by fire to the chattels, if in the opinion of the Commission the cause of danger is capable of removal;

(i) an obligation not to insure or keep insured the chattels or any of them against loss or damage by fire otherwise than in pursuance of these Regulations; and

(j) an obligation, if loss or damage by fire is caused to the chattels or any of them—

(i) to notify the Commission thereof in writing within seven days of such loss or damage;

(ii) to furnish to the Commission all information in the hirer’s possession in regard to the damage or loss and the cause thereof; and

(iii) to furnish to the Commission all further information required by the Commission in connexion with the matter.

Rights of Commission under hire purchase Agreement.

157.—(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 pay to the Commission any insurance premium when due, the Commission may debit the amount of the premium to the hirer, and every amount so debited—

(i) shall be added to the amount due by the hirer for hire under the agreement; and

(ii) shall for all purposes of the agreement and these Regulations be deemed to be included in the word “hire”.

(4.) Any payment made by the hirer to the Commission under the agreement, whether for hire or otherwise, may be applied by the Commission in the following manner: —

Firstly—In payment of any unpaid insurance premium;

Secondly—In payment of arrears (if any) of hire;

Thirdly—In payment of an instalment of hire falling due within the month in which the payment is made.

Chattels to remain property of Commission.

158. 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.

159. 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.

Powers of Commission on death or insolvency.

160. If the hirer 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 Commission may—

(a) require the hirer or the executor or administrator of the hirer, as the case may be, to deliver up the chattels; and

(b) recover from the hirer or the executor or administrator of the hirer, as the case may be, in any Court of competent jurisdiction any arrears of hire due under the agreement.

Powers of Commission where special danger of loss by fire exists.

161.—(1.) If at any time it appears to the Commission that there is a special or unusual danger of loss or damage by fire to any chattels the subject of a Hire Purchase Agreement in Form D, the Commission may—

(a) require the hirer to forthwith remove the cause of danger if, in the opinion of the Commission, it is capable of removal; and

(b) in addition or alternatively, insure the chattels in any office it selects for the purpose for the benefit of the Commission and at the expense of the hirer until the cause of danger is removed.

(2) Any premium paid by the Commission for insurance in accordance with paragraph (b) of the last preceding sub-regulation shall for all purposes of the agreement and these Regulations be deemed to be included in the word “hire”.

Failure of hirer to notify loss or damage by fire, &c.

162. If the hirer—

(a) fails, within seven days after damage or loss by fire is caused to any chattels the subject of a Hire Purchase Agreement in Form D, to notify the Commission in writing of the loss or damage; or

(b) fails to forthwith furnish to the Commission particulars or information required by these Regulations or by the Commission,

the Commission may, if it thinks fit, treat the insurance of the chattels as having been thereby avoided.

Acts or omissions increasing danger of loss or damage by fire.

163. If anything is, without the knowledge and approval of the Commission, done or omitted to be done to or in connexion with any chattels the subject of a Hire Purchase Agreement in Form D whereby the danger to the chattels of loss or damage by fire is increased, the Commission may, if it thinks fit, treat the insurance of the chattels as having been thereby avoided.

Failure of hirer to prove certain facts in event of loss or damage by fire.

164. If damage or loss by fire is caused to any chattels the subject of a Hire Purchase Agreement in Form D, and the hirer fails to prove to the satisfaction of the Commission—

(a) that the damage or loss did not arise from or in consequence of any wilful or grossly negligent act or omission of the hirer or of any other person with the knowledge and connivance of the hirer;

(b) that the claim is made bona fide and without fraud or concealment, and that no false or misleading information has been given by the hirer in connexion with the claim; and

(c) that the hirer has complied in all respects with the obligations imposed on him by the agreement and these Regulations,

the Commission may treat the insurance of the chattels as having been thereby avoided.

Power of Commission where loss or damage by fire occurs.

165.—(1.) If loss or damage by fire is caused to any chattels the subject of a Hire Purchase Agreement in Form D which are insured in pursuance of these Regulations, the Commission may—

(a) replace or repair the destroyed or damaged chattels; or

(b) credit the hirer with an amount in the opinion of the Commission equal to the amount of loss or damage sustained; or

(c) terminate the hiring.

(2.) Any chattels which are repaired and any chattels which replace those which have been destroyed or damaged shall, for all purposes of the agreement and these Regulations, be deemed to be the chattels referred to in the agreement.

(3.) If any amount is credited to the hirer in respect of destroyed or damaged chattels, the value of the chattels as stated in the agreement, shall be deemed to have been reduced by the amount so credited and the schedule thereto amended accordingly.

(4.) If the hiring is terminated in pursuance of sub-regulation (1.) of this regulation—

(a) the hirer shall forthwith return to the Commission all chattels not destroyed; and

(b) the Commission, if satisfied that the hirer has complied with all the requirements of these Regulations in relation to the hiring, may refund to the hirer the total amount of the instalments paid by him for hire other than amounts paid as insurance premiums.

Damage or loss caused in extinguishing, &c., fire.

166. Any damage or loss caused to chattels in extinguishing or preventing or locating a fire shall, for the purpose of insurance in pursuance of these Regulations, be deemed to be damage or loss by fire.

Insurance to cease when chattels cease to be subject to agreement.

167. When any chattels the subject of a Hire Purchase Agreement in Form D cease to be subject to the agreement, the insurance of the chattels in pursuance of these Regulations shall forthwith cease and be of no effect.

Penalty for sale of chattels.

168.—(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.

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

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

(a) order the defendant to pay to the 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.