Australian Soldiers' Repatriation Regulations

Division 1.—Applications for Assistance.

Division 2.—Conditions governing Advances and Assistance.

Part IV.—Medical Treatment and Sustenance. (Regulations 64–74.)

Part V.—Employment and Sustenance Allowance. (Regulations 75–79.)

Part VI.—Furniture, Equipment and Businesses. (Regulations 80–84.)

Part VII.—Education and Training of Children. (Regulations 85–93.)

Part VIII.—Transportation. (Regulations 94–104.)

Part IX.—Securities. (Regulations 105–162.)

Division 1.—General.

Division 2.—Pergonal Securities.

Division 3.—Mortgage of Chattels.

Division 4.—Mortgage of Land.

Division 5.—Hire Purchase Agreements.

Division 6.—Register of Securities.

Part X.—Local Committees. (Regulations 163–173.)

Part XI.—Miscellaneous. (Regulations 174–192.)

Part XII.—Extension of Application of Regulations to Members (1914–1918 War), Women Members and South African Veterans. (Regulations 193–197.)

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

“active service” has the same meaning as in section 100 of the Act;

“applicant” means a person applying for assistance or benefits under these Regulations;

“approved form” means a form approved by the Commission;

“blinded member” means a member whose blindness is due to war service and includes a member whose eyesight is, in the opinion of the Commission, so defective, due to war service, that he has no useful sight;

“child” means the child of a member who is under the age of sixteen years and who is—

(a) a son or daughter born to the member of a marriage which took place before or during his service, or within fifteen years after his discharge from the Forces or the termination of the war, whichever first happens;

(b) a step-son, step-daughter or adopted child of the member (not being, in the case of an adopted child, an ex-nuptial child of the member), who became dependent on the member before or during his service, or within seven years after his discharge from the Forces or the termination of the war, whichever first happens; or

(c) the ex-nuptial child of the member who was born before, or within nine months after, his death or discharge from the Forces or the termination of the war, whichever first happens;

“claim” means a claim for a war pension, or an application for a service pension in accordance with the Act, or with any Act repealed by the Act;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 for himself or on behalf of a person under the age of sixteen years or of a person of unsound mind;

“deceased member” means a member whose death was due to war service;

“deceased unmarried member” means a deceased member who was not, at any time during his life, married;

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

“dependant” means any dependant of a member who is included in the classes of persons, other than members, specified in paragraphs (b)to (f) of section 124 of the Act;

“Deputy Commissioner” means a Deputy Commissioner of Repatriation appointed under the Act and, in relation to any State, means the Deputy Commissioner of that State;

“discharge” means discharge from the Defence Force of the Commonwealth, and includes termination of appointment;

“due to war service” means, in relation to the incapacity or death of a member, that the incapacity or death of the member has occurred in such circumstances that there is a liability under the Act to pay war pension, in respect of the incapacity or death, to a claimant, or that there would be a liability, if the claimant were not rendered ineligible for war pension by virtue of a provision of the Act, having effect irrespective of the circumstances of the incapacity or death, as the case may be;

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

“enlisted” means began the service referred to in the definition of “enlistment”;

“enlistment” means the beginning of a member’s service during the war and, in relation, to a member who was serving in the Defence Force at the date of the commencement of the war, means the beginning of his war service on that date;

“incapacitated” means, in relation to a member, that he is suffering from an incapacity due to war service;

“incapacity” means, in relation to a member, any degree of physical or mental disablement;

“living wage” or “minimum wage” means, in relation to an industry, trade or calling in any particular part of the Commonwealth, the minimum rate judicially fixed for that industry, trade or calling 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;

“member” means a male person who—

(a) is or has been, during the war which commenced on the third day of September, 1939, a member of the Naval, Military or Air Forces of the Commonwealth enlisted for or employed on active service outside Australia and the Territories of the Commonwealth;

(b) is or has been, during that war, a member of the Permanent Military Forces of the Commonwealth enlisted for service only within Australia or the Territories of the Commonwealth;

(c) is or has been, during that war, a member of the Citizen Forces enlisted during the war for continuous service for the duration of and directly in connexion with that war; or

(d) is or has been, during that war, a member of the Naval, Military or Air Forces of any part of the King’s dominions, other than the Commonwealth, and is serving or has served on active service outside that part of the King’s dominions, or in a theatre of war, on proof to the satisfaction of the Commission that he was resident in Australia or in the Territories of the Commonwealth within the period of twelve months prior to his enlistment for service;

“pensioner” means a person to whom a pension has been granted under the Act, or under any Act repealed by the Act, and to, or for the benefit of, whom the pension is being paid;

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

“Special Magistrate” means a Special Magistrate appointed under section 25 of the Act;

“the Act” means the Australian Soldiers’ Repatriation Act 1920, as amended for the time being;

“the Department” means the Department of Repatriation;

“the war” means the war which commenced on the third day of September, 1939;

“totally and permanently incapacitated” means, in relation to a member, that he has been accepted pursuant to section 35 of the Act and the Second Schedule to the Act, 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 other than a service pension;

“widow” means the widow of a deceased member who was married to him before or during his service, or within fifteen years after his discharge or the termination of the war, whichever first happens, and includes a person who is eligible for a war pension under section 12 of the Act, in respect of the death of the member;

“widowed mother” means a widowed mother of—

(a) a deceased unmarried member; or

(b) a deceased unmarried member 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 member, and includes an unmarried mother of a deceased unmarried member who was brought up by her;

“widowed step-mother” means a widowed step-mother of a deceased unmarried member who became a widow prior to or within three years after the death of the member;

“wife” means the wife of a member who was married to him before or during his service, or within fifteen years after his discharge or the termination of the war, whichever first happens, and includes a person who, at the time of enlistment of the member, was dependent upon him and was recognized as his wife, although, on account of a legal impediment, not legally married to him, and has since continued to be so dependent and so recognized.

(2.) Any reference in these Regulations to a form by letter or by letter and number shall be read as a reference to the form so lettered or lettered and numbered, as the case may be, in the Schedule to these Regulations.

Part II.—Pensions.

Division 1.—Claims for and Payment of Pensions.

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

“child” means a person within the meaning of the definition of “Child” in section 23 of the Act or within the meaning of the definition of “Child” in section 83 of the Act, or a child of a member specified in sub-paragraph (iii) of

paragraph (b) of sub-section (2.) of section 99 or sub-paragraph (ii) of paragraph (b) of sub-section (2.) of section 104 of the Act;

“dependant” means a person within the meaning of the definition of “Dependants”. in section 23 of the Act, or within the meaning of the definition of “Child” or “Wife” in section 83 of the Act, or a dependant specified in paragraph (b) of sub-section (2.) of section 99 or paragraph (b) of sub-section (2.) of section 104 of the Act, and includes a person to whom a pension is payable under sub-section (3.) of section 37 or under section 46 of the Act, or under those provisions as extended by section 99 or section 104 of the Act, or under section 42 of the Act;

“member” means a person within the meaning of the definition of “Member of the Forces” or “Returned Soldier” in section 23 of the Act or the definition of “member of the Forces” in section 99 or 104 of the Act;

“postmaster” includes a postmistress or person in charge of a post office;

“other officer” means an officer of the Postmaster-General’s Department authorized by the proper departmental authority to pay instalments of pension.

Exercise of powers of Registrar of War Pensions by Registrars of Pensions.

7. All the powers, duties and functions conferred or imposed by these Regulations upon a Registrar of War Pensions may be exercised or performed by any person for the time being holding the office of Registrar of Pensions under the Invalid and Old-age Pensions Act 1908–1943 as effectually, for the purposes of these Regulations, as if that person had been appointed to be a Registrar of War Pensions.

Power to administer oaths.

8. Any person for the time being holding the office of Registrar of War Pensions and any person entitled under the last preceding regulation to exercise or perform the powers, duties and functions of a Registrar of War Pensions shall have power to administer oaths for the purposes of the Act and these Regulations.

Power to appoint trustees.

9.—(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 or of any member of the family of the pensioner, subject to the directions of the Commission or the Deputy Commissioner.

Claim by incapacitated member.

10. A member who claims a pension under Part III. of the Act for himself, or for himself and any dependant, being his wife or child, shall lodge a claim in accordance with the approved form.

Provided that a Deputy Commissioner may deem any claim made in writing, prior to the lodging of a claim in accordance with the

approved form by a member or by any person or organization on his behalf (including any claim that he suffers incapacity due to war service), to be a claim for pension for the member and for any dependant, being a wife or child of the member, whom he mentions in his claim subsequently lodged in accordance with the approved form.

Claims by or on behalf of dependants.

11. Every person who claims a pension under Part III. of the Act on the ground that he is or was a dependant of the member shall lodge a claim in accordance with the approved form:

Provided that a claim on behalf of the wife or any child of a member may be included in the claim of the member:

Provided further that a Deputy Commissioner may deem any claim made in writing prior to the lodging of a claim in accordance with the approved form by the wife or widow of a member, or by any person or organization on her behalf (including a claim that the member suffers incapacity due to war service or that his death was due to war service) to be a claim for pension for the wife or widow and for any of her children for whom she lodges a claim in accordance with the approved form.

Declarations by claimants.

12.—(1.) Where the form of any claim, or any other document relating to a claim for, or a review of, pension includes a declaration as to the correctness of the information set forth in the claim or document, the declaration may be made before a Special Magistrate, a Registrar, an officer of the Department, 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 or of a Territory of the Commonwealth, 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 or of a Territory of the Commonwealth, a legally qualified medical practitioner, a Notary Public, a Commissioner for Affidavits, a Commissioner for Declarations, a Registrar under the Invalid and Old-age Pensions Act 1908–1943, a Minister of Religion, a member of the Parliament of the Commonwealth, a commissioned officer of the Defence Force, the Secretary of the Federal Executive of the Returned Sailors’, Soldiers’ and Airmen’s Imperial League of Australia or the Secretary of any branch or sub-branch of that League.

(2.) Where a claim is made on behalf of a person under the age of sixteen years, the declaration may be made by any person over the age of sixteen years who has a knowledge of the information set forth in the claim.

Action on receipt of claims.

13.—(1.) Upon receipt of a claim by a Registrar, he shall note on the claim the date of its receipt by him and forthwith forward the claim to the Deputy Commissioner.

(2.) Upon receipt of a claim by a Deputy Commissioner, he shall note on the claim the date of its receipt by him and indicate whether he received the claim from the claimant or from a Registrar.

Investigation of claims and reviews.

14. A Deputy Commissioner—

(a) upon receipt of any claim; or

(b) whenever it is necessary or expedient to review a grant of pension,

shall arrange for the claim or the case, as the case may be, to be investigated by a Registrar, a Special Magistrate, or an officer of the Repatriation Department, who shall ascertain from the claimant, pensioner or any other person, such information as may be necessary to enable the Commission or a Board to determine such of the questions specified in section 27 of the Act as have a bearing on the claim or case, and shall forward the claim or case, together with a written record of the information so obtained, to the Deputy Commissioner.

Issue of pension certificate and identification card.

15. Where a pension is to be paid in fortnightly instalments, the Deputy Commissioner shall forward to the postmaster or other officer who has to pay the instalments, a pension certificate and identification card, each in the approved form, and the postmaster or other officer shall retain the identification card and deliver the certificate to the pensioner or trustee, as the case may be:

Provided that, in the case of a pensioner or trustee not residing in Australia or in such other cases as the Commission thinks fit, the Commission may make such arrangements for the payment of instalments as it deems practicable.

Possession of identification card authority to pay instalments.

16.—(1.) Subject to these Regulations, the possession by a postmaster or other officer of an identification card shall be sufficient authority for the payment by him of the instalments of pension described therein to the pensioner or trustee, or the holder of an order under regulation 20 of these Regulations, as the case may be, on the production of the pension certificate by the pensioner, trustee or holder.

(2.) The postmaster or other officer shall not make a payment of any such instalment until he has made a note in relation to the payment on the pension certificate.

(3.) The Commission may give any instruction to the postmaster or other officer to withhold the payment of any instalment or concerning the method of payment and accounting, and the postmaster or other officer shall comply with any such instruction accordingly.

Pension fortnights.

17. The fortnights in respect of which instalments of pension are payable shall commence on a Thursday and end on a Wednesday.

Due date of instalments.

18. The due date of each instalment shall be the first day of the fortnight for which the instalment is payable, unless the Commission considers that the circumstances otherwise require and directs that payment be made on some other day.

Receipt by pensioner or trustee.

19.—(1.) Where the pensioner or trustee applies personally for a payment by instalment of pension, he shall give a receipt for each instalment in accordance with the approved form.

(2.) The postmaster or other officer may refuse to pay any instalment of pension, if he is not satisfied that the person presenting the receipt is the pensioner or trustee, as the case may be.

Payment to other person.

20. Payment may be made to a person other than the pensioner or trustee, if that person is the holder of an order, in the approved form, from the pensioner or trustee and makes a declaration that he is not receiving the whole or any portion of the 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 due or about to become due from the pensioner.

Payment of instalment to female dependant.

21. Subject to regulation 23 of these Regulations, a postmaster or other officer shall not pay any instalment of a pension to any single or widowed female dependant of a member unless, at the time of making the payment, there is presented to the postmaster or other officer a declaration, in the approved form, by the female dependant or, where a trustee has been appointed to receive payments on her behalf, by that trustee, that, on the due date of the instalment, the female dependant had not married or re-married.

Payment of instalment to trustee.

22. Subject to regulation 23 of these Regulations, a postmaster or other officer shall not pay any instalment of a pension payable to a trustee unless there is presented to the postmaster or other officer, at the time of making the payment, a declaration by the trustee, in the approved form, that the person on whose behalf the pension is payable is alive.

Special provisions as to declarations.

23. Where the Commission is of opinion that it would be impracticable or seriously inconvenient to obtain the declarations required by the last two preceding regulations on each and every occasion when an instalment is being paid, the Commission may approve of the declarations being obtained at such intervals, not exceeding three years, as it determines:

Provided that the Commission may, in special circumstances, dispense with the declaration required by regulation 22 of these Regulations for such longer periods as it considers reasonable in the circumstances.

Payment of undrawn instalment of pension of deceased pensioner.

24. An 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 application will not be made for probate of will or letters of administration.

Death of pensioner.

25.—(1.) Whenever the death of any person is reported to any officer of the Commonwealth or a State or a Territory of the Commonwealth who is charged with the duty of registering deaths, he may inquire whether the deceased was a pensioner under the Act, and the person reporting the death shall, to the best of his knowledge, state whether the deceased was such a pensioner or not.

(2.) If the deceased was a pensioner, the officer may notify the Deputy Commissioner of this fact and of the death.

Notification of marriage, &c., by female dependant.

26. A female dependant to whom a pension is payable—

(a) who marries;

(b) who obtains a decree nisi in divorce; or

(c) against whom a decree nisi in divorce is obtained,

shall forthwith send a written notification of the fact to the Deputy Commissioner.

Advances not to be made on security of pension.

27.—(1.) A person shall not 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 a person shall not purport to accept any transfer or assignment of, or to create any charge on, any such pension or instalment.

(2.) A pensioner shall not obtain an advance of money or goods upon the security of his pension, or any instalment thereof, and a pensioner shall not purport to transfer or assign or create any charge on his pension or any instalment thereof.

Statement by service pensioner.

28. A statement under section 97 of the Act relating to the income and accumulated property of a service pensioner shall be in accordance with Form S.P.3.

Rate of allotment in respect of members of the Naval Forces.

29. In the absence of any law relating to the Naval Forces prescribing the standard rate of allotment to be made by an officer or a member other than an officer of those Forces, the rate for the purposes of the second paragraph of the footnote to the First Schedule of the Act shall, in respect of a member of those Forces, be the same as the standard rate for the time being prescribed by the War Financial (Military Forces) Regulations in respect of an officer or a member other than an officer, as the case may be, of the Military Forces.

Allowances included in rate of pay.

30. The rate of pay of the member, as defined by section 23 of the Act, shall include the following allowances:—

(a) In the case of a member of the Naval Forces— any allowance paid to a member who has been awarded a medal or a badge or in respect of his special qualifications;

(b) In the case of a member of the Air Force—Crew pay—

(i) at the rate of 2s. 6d. per day paid to—

(1) a wireless air observer; or

(2) any airman borne against the establishment of an aircraft crew in an operational unit; or

(ii) at the rate of 2s. per day paid to any airman borne on the strength of an aircraft crew in an ambulance unit,

and shall also include any allowance paid to any member which in the opinion of the Commission is of the nature of pay.

Division 2.—Pensions Payable to Certain Classes of Persons.

Temporarily totally incapacitated member.

31. An additional pension at the rate specified in the first paragraph of the footnote to the First Schedule to the Act as applicable to a member of the Forces who is temporarily totally incapacitated to such an extent as to be precluded from earning other than a negligible percentage of a living wage while he is so incapacitated may be granted to such a member if—

(a) he is not maintained at public expense in an institution; and

(b) his income from all sources does not, together with pension, exceed £9 12s. per fortnight.

Widowed mother.

32. A rate of pension not exceeding 100s. per fortnight may be assessed in accordance with the second item of paragraph (a) of the Third Schedule to the Act in the case of the widowed mother of a member who—

(a) prior to the enlistment of the member, was dependent upon him or would have been dependent upon him but for his enlistment before he reached a reasonable earning capacity;

(b) is resident in the Commonwealth or any Territory of the Commonwealth; and

(c) would not be in receipt of an income from all sources (including the pension) exceeding 100s. per fortnight:

Provided that this regulation shall not apply to any case so as to reduce the rate of pension payable to a rate less than the rate shown in column two of the First Schedule to the Act opposite to the rate of pay of the member.

Children of deceased members.

33. An additional pension, at a rate not exceeding 12s. per fortnight, may be assessed in accordance with the third item of paragraph (a.) of the Third Schedule to the Act in the case of the child of a deceased member—

(a) whose mother is dead;

(b) who has been deserted by his mother;

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

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

if the child is in necessitous circumstances and is placed with a guardian.

Parent of deceased unmarried member.

34. Subject to the second proviso to the fourth item of paragraph (a) of the Third Schedule to the Act, a rate of pension may be assessed in accordance with the first proviso to that item in the case of a parent of a deceased unmarried member, being—

(a) his father, if he is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member due to war service;

(b) his mother, if her husband is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member due to war service, and she was married to that husband prior to the enlistment of the member;

(c) his mother, if she is divorced or has been deserted by her husband and that divorce or desertion occurred prior to or within three years after the death of the member due to war service; or

(d) his step-mother, if she is widowed, divorced or has been deserted by her husband, if the death of the husband, the divorce or the desertion occurred prior to or within three years after the death of the member due to war service,

who is resident in the Commonwealth or any Territory of the Commonwealth, and who would not be in receipt of an income from all sources (including the pension) exceeding the rate specified in the last-mentioned proviso.

Division 3.—Pension Appeal Tribunals.

Lodging of appeals to Appeal Tribunal.

35.—(1.) Any appellant may lodge an appeal under section 64 of the Act with a Deputy Commissioner who shall submit the appeal and all relevant documents to the Commission for transmission to the Appeal Tribunal in accordance with sub-section (2.) of that section.

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

Notice of hearing before Appeal Tribunal.

36.—(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 seven days prior to the date fixed for the hearing of the appeal.

Determination of appeals by Appeal Tribunal in absence of appellant.

37. 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.

Recording of decisions of Appeal Tribunals.

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

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

Notification of decisions of Appeal Tribunal.

39. An Appeal Tribunal shall, in respect of each appeal decided by it, notify the Commission by forwarding to the Chairman thereof a copy of the decision recorded in accordance with Form TC and notify the appellant by notice in accordance with Form TD.

Lodging of appeal to Assessment Appeal Tribunal.

40. Any member who has a right of appeal under section 67 or section 70 of the Act may lodge with a Deputy Commissioner an appeal in accordance with Form TE or Form TK, as the case requires.

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

41. Any member whose accepted war incapacity has been deemed by the Commission to be so slight that it does not warrant a pension assessment may lodge under section 67 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.

42.—(1.) The Chairman of an Assessment 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 seven days prior to the date fixed for the hearing of the appeal.

Recording of decisions of Assessment Appeal Tribunal.

43.—(1.) Any decision of an Assessment Appeal Tribunal shall be recorded—

(a) in the case of appeals under section 67 of the Act—in accordance with Form TF; and

(b) in the case of appeals under section 70 of the Act—in accordance with Form TL,

and shall be signed by the Chairman or the Deputy Chairman, as the case may be.

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

Notification of decision of Assessment Appeal Tribunal.

44. An Assessment Appeal Tribunal shall, in respect of each appeal decided by it, notify the Commission by forwarding to the Chairman thereof a copy of the decision recorded in accordance with Form TF or Form TL, as the case may be, and notify the appellant by notice in accordance with Form TG.

Undertaking as to secrecy.

45. Before any information contained in the records relating to his case is made available to an appellant in pursuance of section 80 of the Act, the appellant or his representative shall sign an undertaking in accordance with Form TH.

Payment of expenses of appellant.

46.—(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 12s. 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, the appellant shall be entitled to receive any reasonable cost involved in the use by him of an ambulance or special conveyance to attend at the place of hearing, and, in addition, an amount not exceeding 9s. if other financial loss to the appellant is involved.

Appointment of Assessment Appeal Tribunal.

47. From the lists of medical practitioners approved from time to time by the Minister under section 65 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.—Assistance and Benefits—General.

Division 1.—Applications for Assistance.

Applications, how made.

48. Applications for assistance shall be made in writing to a Deputy Commissioner in accordance with the approved form, and shall set out the nature and extent of the assistance which the member or his dependants require, and the purposes for which the assistance is required.

Applications, how dealt with.

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

Treatment of applications.

50.—(1.) Applications for assistance shall, unless otherwise prescribed, be determined by a Deputy Commissioner in accordance with these Regulations.

(2.) Assistance under these Regulations shall not be granted or payable in respect of any period prior to the date of lodgment of an application for the assistance, except where the Commission is satisfied that, owing to special circumstances, the assistance should be granted or payable in respect of such prior period.

(3.) A Deputy Commissioner may waive any requirement of these Regulations as to the lodging of an application within a specified time if he is satisfied that an applicant has not lodged his application within the prescribed time owing to his inability, through circumstances beyond his control, to accept or take advantage of the assistance or benefits contemplated before the expiration of the prescribed time for lodging an application.

Appeals.

51.—(1.) Where 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 assistance and ability of applicant.

52. A Deputy Commissioner shall, in determining any application, 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.

53. Any assistance granted by way of loan under these Regulations shall bear interest at such rate, not exceeding Three per centum per annum, as the Commission determines from time to time:

Provided that interest shall be charged only upon so much of each loan in any particular case as exceeds £50.

Security for assistance by way of loan or hire purchase.

54. 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.

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

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

(b) the purpose for which the assistance 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 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.

56. 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 within the period fixed for repayment, and produces to a Deputy Commissioner satisfactory evidence that he has made proper use of the assistance, the 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 approved by the Commission in respect of like transactions at the time the renewal is granted.

Writing off loans, &c.

57. Where a Deputy Commissioner is satisfied that a person, who has obtained from the Commission a loan or chattels by hire purchase secured by a security in accordance with Form A, B, C or D, or by any other form of security, is unable to repay the amount of the loan, or of interest thereon, 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.

58.—(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.

59. Any person to whom assistance is granted by way of loan or hire purchase under these Regulations 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 him under these Regulations, and shall produce to the person so authorized such books, documents and goods, and disclose to him such information as he requires in relation to the property.

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

60.—(1.) Where any loan, gift or promise of assistance to, or any contract with, any person 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 that person, the purpose for which the loan, gift, promise or contract was granted or made, is not likely to be achieved; or

(b) subject to these Regulations, 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 that person; or

(ii) that in view of the efficiency or industry of that person, the loan, gift or other assistance should be increased or otherwise varied in favour of the person.

(2.) Where a Deputy Commissioner revokes or recalls any loan, gift, promise of assistance or contract or varies any conditions thereof 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.) Where a Deputy Commissioner deems it necessary or advantageous in the interests of the Commonwealth to sell any property recalled or re-possessed under this regulation, he may authorize the sale of any such property.

Authority to pay or allot to agent.

61. Any gift or loan or any money or property granted under these Regulations to any person may, if a Deputy Commissioner considers it desirable, be paid or handed on that person’s behalf to such other person as the Deputy Commissioner thinks fit.

Orders not to be transferred.

62.—(1.) A person to whom an order is granted under these Regulations shall not transfer the order to any other person.

(2.) A trader or person to whom an order granted under these Regulations is presented shall not supply to the person presenting the order any money or goods in lieu of the goods specified in the order.

Review by Commission.

63.—(1.) Where it appears to a Deputy Commissioner that sufficient reason exists for reviewing any grant of assistance or benefits under these Regulations, or under any regulations repealed by these Regulations, the Deputy Commissioner may review that grant and may increase, reduce or cancel it,

(2.) Action pursuant to the last preceding sub-regulation may be taken notwithstanding that the person to whom the assistance or benefits have been granted refuses or fails to attend at the time and place fixed by the Deputy Commissioner for the review.

Part IV.—Medical Treatment and Sustenance.

Treatment for war disabilities.

64. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a member in respect of an incapacity due to war service.

Members suffering certain diseases.

65. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a member who is suffering from—

(a) pulmonary tuberculosis; or

(b) venereal disease contracted during his war service.

Treatment for disabilities not due to war service.

66. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment in the form of active remedial treatment for a member who is in receipt of a pension at the general rate for total incapacity under the First Schedule to the Act or at the special rate of pension under the Second Schedule to the Act in respect of any disease or disabling condition not due to war service except an infectious or contagious disease, alcoholism, drug addiction, a chronic or incurable disease requiring treatment in an institution for a prolonged period or any condition in respect of which the member is eligible, under any law of the Commonwealth or of a State or Territory of the Commonwealth, for treatment at his employer’s expense or in respect of which he is entitled to treatment under a scheme of contract medical attention, or in respect of which the member has recovered, or is, in the opinion of the Commission, entitled to recover, from a third party an amount by way of damages or compensation in respect of the cost of such medical treatment:

Provided that where the member has not recovered, but is, in the opinion of the Commission, entitled to recover such amount from a third party, the Deputy Commissioner may provide medical treatment in respect of the disability to such extent and under such conditions as the Commission determines, including, if the Commission so directs, a condition that the expenditure involved shall be by way of loan by the Commission to the member for a specified period, being a period which is, in the opinion of the Commission, sufficient for the purpose of enabling the member to recover damages or compensation from the third party.

Meaning of medical treatment.

67. For the purposes of this Part, “medical treatment” means, subject to such qualifications as the Commission, with respect to any particular case or class of cases, from time to time determines, medicinal, surgical and all other forms of treatment with a view to restoring a person to physical or mental health or alleviating suffering, and includes, subject to the same qualifications, the supply, renewal and repair of artificial replacements, surgical aids and appliances.

Non-liability in cases of unauthorized treatment.

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

Non-liability where treatment not granted.

69. A Deputy Commissioner may refuse to grant medical treatment or further medical treatment under this Part, 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 member has caused a recurrence of, or has aggravated, his disability, or has retarded his recovery by misconduct, neglect or any wilful act, or is recalcitrant to the prejudice of his fellow patients.

Surgical aids, &c.

70.—(1.) 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 member, the Deputy Commissioner may refuse to arrange for the necessary renewals or repairs, or may direct that the cost of effecting those renewals or repairs, or such portion of the cost as he considers reasonable, shall be borne by the member.

(2.) Except as otherwise determined by the Commission, any artificial replacement, surgical aid or appliance supplied to a member under this Part shall remain the property of the Commission, and the Commission may at any time, if not satisfied that the aid, appliance or replacement is being put to proper use, require its return.

Sustenance allowance while undergoing medical treatment, &c.

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

(a) the necessities of treatment for an incapacity due to war service;

(b) the necessities of treatment for, or institutional care in consequence of, venereal disease contracted during war service; or

(c) awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by an incapacity due to war service,

a Deputy Commissioner may, for such period as the Departmental Medical Officer specifies in his certificate, and subject to such conditions as the Commission from time to time determines, grant sustenance allowance to the member in accordance with the following scale, but so that the total income of the member shall not exceed the sum of amounts calculated in accordance with that scale:—

Provided that the Commission may direct that, in any particular case or class of cases, a lesser rate of allowance shall be payable.

(2.) For the purposes of this regulation “total income” includes—

(a) pension payable in respect of the member, his wife and children, as the case may be;

(b) sustenance allowance in respect of the member, his wife and children, as the case may be; and

(c) such other income of the member as the Commission determines to be income for the purpose of assessing the amount of sustenance allowance payable.

Sustenance during investigation.

72.—(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 member that he is suffering incapacity due to war service; or

(b) pension in respect of a member.

(2.) Where a Departmental Medical Officer certifies that, by reason of any such investigation, the member is prevented from following his usual occupation, a Deputy Commissioner may grant sustenance allowance at such rates not exceeding the rates specified in regulation 71 of these Regulations, and in accordance with such conditions as the Commission from time to time determines, for such period as the Departmental Medical Officer specifies in his certificate.

Medical treatment for widows, &c.

73.—(1.) A Deputy Commissioner may provide medical treatment for widows and children of deceased members and for widowed mothers and widowed step-mothers of deceased unmarried members.

(2.) In this regulation, “child” does not, except where a Deputy Commissioner, in the special circumstances, otherwise decides, include the child of a widow who re-marries.

Fares for medical treatment and pension purposes.

74.—(1.) A Deputy Commissioner may, in the case of a member 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 surgical aids or appliances or artificial replacements;

(d) to proceed to hospital; or

(e) for war pension purposes,

grant his fare to and from the place to which he is so required to travel, together with sustenance in accordance with regulation 71 of these Regulations, and reasonable subsistence expenses, necessarily incurred, not exceeding 12s. per day when travelling by land, and 4s. 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 member 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 12s. per day for such period as the Deputy Commissioner considers reasonably necessary to complete the forward and return journeys.

(3.) A Deputy Commissioner may, 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 V.—Employment and Sustenance Allowance.

Employment and sustenance while awaiting employment.

75.—(1.) A member who—

(a) was employed on active service, or, if he was not employed on active service has, in the opinion of the Commission, or a Deputy Commissioner, suffered material prejudice in consequence of his war service;

(b) has a satisfactory record of service; and

(c) has not been discharged, on account of irregular enlistment,

may, within twelve months after the date of his discharge, lodge with the Deputy Commissioner an application for assistance in obtaining employment, and for sustenance while awaiting employment.

(2.) Upon receipt of the application, the Deputy Commissioner may assist the member in obtaining employment and may, subject to sub-regulation (7.) of this regulation, grant to the member, until he becomes employed, such sustenance as will, together with—

(a) any sustenance payable to him under any law of a State or Territory of the Commonwealth relating to the relief of unemployment; and

(b) any pensions payable to him and his wife and children,

provide him with an amount not exceeding the sum of the amounts calculated in accordance with the following scale:—

(3.) Sustenance may be paid for such period or periods, not exceeding three months in the aggregate, as the Deputy Commissioner determines.

(4.) A widower with four or more children may be paid, in lieu of the amount specified in item (iii) of the scale in sub-regulation (2.) of this regulation, 18s. per fortnight for each child, but not exceeding in the aggregate 90s. per fortnight in respect of children.

(5.) Where the member has a widowed mother dependent upon him and sustenance is not payable in respect of his wife, he may be paid, in addition to any amount payable under sub-regulation (2.) of this regulation, an amount not exceeding 44s. per fortnight, inclusive of any pension payable to his mother.

(6.) Sustenance shall not be payable to a member after he has failed to avail himself, to the satisfaction of the Deputy Commissioner, of suitable employment when offered, or to a member who has had, since discharge, employment for a period or periods of six months in the aggregate.

(7.) Where, during any period during which sustenance is payable, an applicant is engaged in temporary, casual or intermittent employment or in an occupation, the amount of sustenance which may be granted under this regulation shall be decreased by the amount earned or derived by the applicant from such employment or occupation.

Failure to notify fact of employment.

76.—(1.) An applicant for sustenance who obtains employment, or becomes engaged in a remunerative occupation, shall notify the Department that he is in employment or in an occupation and has received remuneration in respect of that employment or occupation, and shall not continue to draw sustenance under regulation 75 of these Regulations.

(2.) If any person acts in contravention of sub-regulation (1.) of this regulation, the Commission may, irrespective of any legal proceedings which may be taken in respect thereof, regard him as being ineligible for any further sustenance under regulation 75 of these Regulations.

Payment of fares to place of employment.

77. Where an applicant is being sent to employment, obtained either by himself or through the agency of the Department, a Deputy Commissioner may pay the fare of the applicant to the place of employment:

Provided that—

(a) where an applicant has previously had his fare paid under this regulation for employment purposes, the Deputy Commissioner shall not approve of any further grant of fares unless, in his opinion, the grant is justified by special circumstances;

(b) no grant for fares under this regulation shall be made by the Deputy Commissioner where, in accordance with custom or with any industrial award, order or determination, the employer is liable to pay the fare in advance; and

(c) an applicant who has had employment subsequent to discharge for a period of six months, or for periods amounting to six months in the aggregate, shall not be entitled to benefit under this regulation, unless the last occasion of termination of employment was in consequence of the applicant’s incapacity due to war service.

Vocational training.

78.—(1.) Pending the establishment by the Commonwealth, otherwise than under these Regulations, of a complete scheme of vocational training of members, the Commission may make such arrangements as it considers necessary for the training of any member to enable him to engage in an occupation which, in the opinion of the Commission, is suitable, having regard to any educational qualifications, skill or aptitude of the member which appears to fit him for that occupation, or having regard to any handicap from which he is suffering by reason of an incapacity due to war service or by reason of his having enlisted at an early age.

(2.) During the period of a member’s training, the Commission may pay him sustenance at such rate as it considers reasonable.

Supplementation of wages of apprentices.

79. A Deputy Commissioner may, in the case of a member who was an apprentice or trainee with an employer, and whose training in a particular industry, trade or calling has been interrupted by war service, grant, during the time in which the member is completing his apprenticeship or training, assistance in the form of supplementation of wages at a rate which will ensure to him an income by way of wages and such supplementation (but exclusive of pension) equivalent to—

(a) the wage he would have been earning in that industry, trade, or calling had his apprenticeship or training not been interrupted; or

(b) the minimum wage for that industry, trade or calling,

whichever wage is the lesser.

Part VI.—Furniture, Equipment and Businesses.

Furniture,

80.—(1.) A Deputy Commissioner may, subject to these Regulations, grant an order for the supply by way of gift of household furniture to a value not exceeding £75 in each case to—

(a) a blinded or totally and permanently incapacitated member who at the time of his discharge is married, or who marries within five years after the date of his discharge; or

(b) a widow with children of a member who dies while serving with the Forces, or within five years after discharge from the Forces,

where such assistance is necessary for the establishment in civil life of the member or widow, as the case may be.

(2.) Assistance shall not be granted under this regulation—

(a) to a member where application is made after the expiration of twelve months after—

(i) his discharge;

(ii) his marriage; or

(iii) the commencement of this regulation,

whichever last happens; or

(b) to a widow where application is made after the expiration of twelve months after—

(i) the death of her husband; or

(ii) the commencement of this regulation,

whichever last happens.

Tools of trade, &c.

81.—(1.) A Deputy Commissioner may, subject to the next succeeding regulation, grant to a member who—

(a) was employed on active service, or, if he was not employed on active service, has, in the opinion of the Commission or a Deputy Commissioner, suffered material prejudice in consequence of his war service;

(b) has a satisfactory record of service; and

(c) has not been discharged on account of irregular enlistment,

or to the widow of a member an order for the supply, by way of gift, of such tools of trade, plant and equipment, professional instruments or other articles of personal equipment, exclusive of clothing in any form, to a value not exceeding the sum of £10, as the Deputy Commissioner deems necessary for the purpose of enabling the member or the widow, as the case may be, to engage in his or her calling or in a remunerative occupation.

(2.) In addition to any gift which may be granted under the last preceding sub-regulation, the Deputy Commissioner may grant to the member or to the widow an order for the supply, under a hire purchase agreement in accordance with Form D, of such tools of trade, plant and equipment, professional instruments or other articles of personal equipment, exclusive of clothing in any form, to a value not exceeding the sum of £40, as the Deputy Commissioner deems necessary for the purpose of enabling the member or the widow to engage in his or her calling or in a remunerative occupation.

When tools of trade to become property of member.

82.—(1.) Furniture, tools of trade, plant and equipment, professional instruments or other articles supplied by way of gift in pursuance of regulation 80 or 81 of these Regulations shall not become the property of the grantee until the expiration of twelve months from the date on which they came into his possession.

(2.) Until the expiration of that period, the furniture, tools of trade, plant and equipment, professional instruments or other articles, although in the possession of the grantee, shall remain the property of the Commission.

(3.) The Commission may, at any time during that period of twelve months, if not satisfied that the furniture, tools of trade, plant and equipment, professional instruments or other articles are being put to proper use, require their return.

Orders for tools not to be transferred.

83.—(1.) A member or widow to whom an order is granted under regulation 80 or regulation 81 of these Regulations shall not transfer the order to any other person.

(2.) A trader or person to whom any such order is presented shall not supply to the person presenting the order any money or goods in lieu of the goods specified in the order.

Establishment in business.

84.—(1.) Subject to this regulation, a Deputy Commissioner may, if, in his opinion, the applicant has the experience and ability to conduct, with a reasonable prospect of success, the business contemplated in his application, make an advance by way of loan, not exceeding £250 in any particular case, for the purchase of business plant, stock or live-stock, to—

(a) a member who is incapacitated to the extent of being unable to engage in the occupation which he followed immediately prior to his enlistment and who is unsuitable for vocational training for an occupation in substitution for the first-mentioned occupation;

(b) a member who, immediately prior to his enlistment—

(i) was dependent for his living on a business owned and conducted by him and disposed of that business in order to enlist, or

(ii) followed an occupation experience in which fits him to conduct the business contemplated in the application,

and who satisfies the Deputy Commissioner that he has suffered material prejudice in consequence of his war service and is not provided for under any scheme of vocational training; or

(c) a widow, with children, of a member who died during his service as a member:

Provided that an advance for the purpose of the purchase of livestock shall not be made if the applicant is eligible to secure assistance for that purpose under a Land Settlement Scheme.

(2.) Assistance shall not be granted under this regulation to—

(a) a member included in the class specified in paragraph (a) of the last preceding sub-regulation, if he makes application therefor more than two years after the date of his discharge or the commencement of this regulation, whichever is the later date;

(b) a member included in the class specified in paragraph (b) of the last preceding sub-regulation, if he makes application therefor more than one year after the date of his discharge or the commencement of this regulation, whichever is the later date; or

(c) a widow included in the class specified in paragraph (c) of the last preceding sub-regulation, if she makes application therefor more than five years after the death of the member or the commencement of this regulation, whichever is the later date.

Part VII.—Education and Training of Children.

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

“eligible child” means the child, whether under the age of sixteen years or not, but otherwise the child as defined in regulation 5 of these Regulations, of—

(a) a deceased member;

(b) a totally and permanently incapacitated member;

(c) a blinded member; or

(d) a member who is suffering from tuberculosis and is, and has been, for a period of three years or more since the first day of April, 1940, continuously in receipt of a pension at a rate not less than the maximum rate of pension specified at any time during that period in the Second Schedule to the Act, or would have been so in receipt but for having been maintained in an establishment at the public expense;

“the Scheme” means the Soldiers’ Children Education Scheme referred to in regulation 88 of these Regulations.

Soldiers’ Children Education Boards.

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

(2.) Subject to the next succeeding sub-regulation, an Education Board in respect of a State (other than the State of Western Australia) shall consist of three representatives to be nominated by the Director or other chief officer of education of the 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 the Returned Sailors’, Soldiers’ and Airmen’s 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 are appointed by the Commission.

(3.) 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 respect of that State.

(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, 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.

87.—(1.) Any member of an Education Board who is absent without leave from three consecutive meetings of the Education Board shall, if the Commission so directs, forfeit his office as 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.

88. 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.

89. An Education Board may, subject to the provisions of the Scheme—

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

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

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

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

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

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

(g) delegate any of its powers under this regulation, except this power of delegation, to a Sub-Committee of its members, so that the delegated powers may be exercised by the Sub-Committee as fully and effectually as by the Board.

Application for assistance.

90. An application for benefits or assistance under this Part shall be made in the first instance to a Deputy Commissioner.

Appeal to Commission.

91.—(1.) Where an Education Board refuses an application, the applicant may appeal to the Commission, stating the grounds of appeal.

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

Special cases.

92. 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 Board, should receive special consideration, and the Commission may, in its discretion, grant or refuse the application.

Care and education of children.

93. The Commission may make such arrangements and pay such amounts as it deems necessary for the care and education of an eligible child for any period prior to the child’s admission to the Scheme.

Part VIII.—Transportation.

Definition.

94. In this Part, “Australia” includes the Territories of the Commonwealth.

Wives, widows and children—passage to Australia.

95. A Deputy Commissioner may, without regard to the financial means of any person concerned, authorize the transportation to Australia, at the expense of the Commonwealth, of the wife or child of a member, or the widow or child of a deceased member, who married outside Australia during the period of his active service.

Members who served in other than Australian Forces—passage to Australia.

96. If a Deputy Commissioner is satisfied that it is the intention of a member of the class specified in paragraph (d) of the definition of “member” in regulation 5 of these Regulations to reside permanently in Australia and the member applies, not later than six months after the date of his discharge, for transportation to Australia, the Deputy Commissioner may authorize his transportation, at the expense of the Commonwealth, to Australia.

Incapacitated members—passage abroad.

97. If it appears to a Deputy Commissioner, having regard to medical opinion and the particular circumstances of the case, that it would be of advantage to an incapacitated member that he should be transported to his relatives or friends living outside Australia, and the Deputy Commissioner is satisfied that the relatives or friends are prepared to care for him, the Deputy Commissioner may authorize his transportation, at the expense of the Commonwealth, to the place of residence of his relatives or friends outside Australia.

Wives, widows and children—passage abroad.

98. If a Deputy Commissioner is satisfied that the wife or child of an incapacitated member, or the widow or child of a deceased member, would be materially benefited by residing in a country outside Australia, he may authorize the transportation of that person, at the expense of the Commonwealth, to that country.

Expense borne by Commonwealth.

99.—(1.) Except as prescribed by the next succeeding sub-regulation, the expense to be borne by the Commonwealth, in respect of each person whose transportation to Australia is authorized pursuant to regulation 95 or regulation 96 of these Regulations shall be such of the

following expenses as the Commission determines in respect of any particular case or class of cases—

(a) the cost of that person’s transportation by the most economical means of conveyance deemed suitable by the Deputy Commissioner, from the person’s place of residence abroad to the port of the person’s embarkation abroad for Australia and from the port of the person’s disembarkation in Australia to the place of the person’s intended residence in Australia;

(b) the cost of that person’s passage, third-class, by ship from such port of embarkation abroad to the port of disembarkation in Australia, unless that class of accommodation is not available, or, with respect to any ship or the whole or any portion of the voyage, the Deputy Commissioner considers that class of accommodation unsuitable, then by the class or type of accommodation or, transportation which the Deputy Commissioner approves;

(c) the cost of the transportation of that person’s baggage from the person’s place of residence abroad to the place of the person’s intended residence in Australia;

(d) the cost of any necessary medical treatment or hospital accommodation of that person during the period of the journey or any portion of that cost which the Deputy Commissioner considers reasonable in the circumstances of the particular case;

(e) the reasonable cost of that person’s board and lodging during the period of any break or delay in the journey which the Deputy Commissioner is satisfied was unavoidable or warranted in the circumstances of the particular case; and

(f) any other expenditure during the journey, necessarily incidental to that person’s transportation, the inclusion of which the Deputy Commissioner considers warranted in the circumstances of the particular case.

(2.) In the case of the wife or child of a member who is serving or has served under the Empire Air Training Scheme, the expense to be borne by the Commonwealth shall be such proportion of the total cost of transportation as is agreed upon between the Government of the Commonwealth and the Government of the United Kingdom.

(3.) The provisions of sub-regulation (1.) of this regulation shall apply, mutatis mutandis, to and in relation to the transportation of any person to a place outside Australia authorized pursuant to regulation 97 or regulation 98 of these Regulations.

Refund of expenses.

100. If any person who would have been eligible under this Part for transportation to Australia at the expense of the Commonwealth has made the journey at that person’s or another person’s expense, whether before or after the coming into operation of this regulation, the Commission may, at any time, refund to the person who bore that expense an amount not greater than the sum which would, in the circumstances of the particular case, have been borne by the Commonwealth, if the transportation had been authorized under the preceding provisions of this Part.

Transportation once only.

101. A person shall not be eligible for transportation under any one of the preceding provisions of this Part more than once.

Transfer to be beneficial.

102. A Deputy Commissioner may refuse to authorize transportation of any person if he is not furnished with satisfactory evidence that that person is likely to be benefited by transfer to the proposed destination.

Removal expenses.

103.—(1.) A Deputy Commissioner may, subject to the succeeding provisions of this regulation, pay such fares and freights and other reasonable charges directly related to removal as are necessarily incurred in transferring a member and his family to a locality where the member—

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

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

(c) has obtained employment and desires to establish his home, and has not, prior to the date of application, had employment subsequent to his discharge for a period of six months or more in the aggregate.

(2.) The amount payable to meet freight charges shall be such sum, not exceeding £15 on household belongings, as the Deputy Commissioner considers reasonable.

(3.) Except in the case of an applicant who is about to enter into the occupation of land, assistance shall not be granted under this regulation where the application is made after the expiration of twelve months after the date of the discharge of the member concerned.

(4.) Assistance under this regulation shall not be granted on more than one occasion.

Loss or damage to baggage.

104. Neither the Commonwealth, nor the Commission, nor any Deputy Commissioner, nor any officer of the Department shall be liable in respect of any loss or damage caused during loading or unloading, or during transit, to any baggage belonging to a person who has been granted a free passage or transportation by the Department.

Part IX.—Securities.

Division 1.—General.

Definition.

105. 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.

106. A security may be in accordance with such form in the Schedule to these Regulations as is applicable or such other form as the Commission approves.

Security.

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

Rights of Commission under securities.

108.—(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.

109. A security and the rights and powers confered upon the Commission by a security and by these Regulations shall not be subject to or affected by any moratorium law.

Variation or forms.

110. 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.

111. 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.

112. 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.

113.—(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 officer to be deemed action by Commission.

114. 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 Deputy Commissioner or by an officer of the Department pursuant to a delegation from the Commission of from a Deputy Commissioner or, in exercise of any general or special authority from the Commission or a Deputy Commissioner to take that action or class of actions or to do that act or class of acts to give that acknowledgments or consent or class of acknowledgments or consents.

Service of notices, &c.

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

Evidence or liability under security.

116. 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.

Division 2.—Personal Securities.

Form of security for loan.

117. A security for the repayment of an advance of money by way of loan may be in accordance with Form A.

Obligation to repay amount lent.

118. A security in accordance with Form A shall impose 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.

119.—(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.

120.—(1.) A security for an advance of money upon chattels may be in accordance with Form B.

(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 chattel.

121. Unless it is otherwise specifically provided in the mortgage, a mortgage in accordance with Form B of specific chattels shall impose 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.

122. A mortgage in accordance with Form B of specific chattels shall charge 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 mortgage chattels or any of them; and

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

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

Charge on mortgaged chattels not to be lessened.

123. The charge of the Commission under a mortgage in accordance with 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.

124. Unless it is otherwise specifically provided in the mortgage, a mortgage in accordance with Form B of the chattels constituting the stock-in-trade of a business shall impose 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 terms “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.

125. A mortgage in accordance with Form B of the chattels constituting the stock-in-trade of a business shall charge 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.

126. The charge of the Commission under a mortgage in accordance with 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.

127. For the purposes of regulations 124 and 126 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.

128.—(1.) If any obligation imposed upon a mortgagor by a mortgage in accordance with 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.—

(a) the Commission may—

(i) 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;

(ii) 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;

(iii) 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—

(1) any amounts repaid by the mortgagor or the executor or administrator of the mortgagor, as the case may be;

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

(3) 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

(b) 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

(c) 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.

129. 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.

130.—(1.) A person shall not, without the consent in writing of the Commission, sell, dispose of, or remove or deal with any chattel the subject of a mortgage in accordance with Form B in breach of or non-compliance with any obligation imposed upon the mortgagor by the mortgage or by these Regulations.

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

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

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

Division 4.—Mortgage of Land.

Form of mortgage of land.

131.—(1.) A security for an advance of money upon land may be in accordance with Form C.

(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.

132. It shall not be necessary to specify in a mortgage in accordance with 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.

133. Unless it is otherwise specifically provided in the mortgage, a mortgage in accordance with Form C shall impose 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.

134. When a mortgage in accordance with Form C provides that the mortgagor shall insure buildings against fire, the mortgage imposes upon the mortgagor—

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

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

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

Charge on land for benefit of Commission.

135. A mortgage in accordance with Form C shall charge, 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.

136. The charge of the Commission under a mortgage in accordance with Form C—

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

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

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

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

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

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

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

Effect of non-compliance with mortgage of land.

137.—(1.)If any obligation imposed upon a mortgagor by a mortgage in accordance with 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.

138.—(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.

139.—(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 fully to 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.

140. 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.

141. Registration of a mortgage in accordance with 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 these Regulations, but the Commission may, if it thinks 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.

142. A security for an advance by way of sale of chattels upon hire purchase may be in accordance with Form D.

Obligations under hire purchase agreement.

143. Unless it is otherwise specifically provided in the agreement, a hire purchase agreement in accordance with Form D shall impose 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.

144.—(1.) A hire purchase agreement in accordance with 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 accordance with Form D or under these Regulations 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 reasonable 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.

145. 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.

146. 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 these 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.

147. 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.

148.—(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 accordance with 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.

149. 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 accordance with 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.

150. 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 accordance with 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.

151. If damage or loss by fire is caused to any chattels the subject of a hire purchase agreement in accordance with 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.

152.—(1.) If loss or damage by fire is caused to any chattels the subject of a hire purchase agreement in accordance with 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.

153. 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.

154. When any chattels the subject of a hire purchase agreement in accordance with 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.

155. Chattels the subject of a hire purchase agreement in accordance with Form D shall not, 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, be 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.