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.
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.
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.
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.
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.
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.
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:—
s.
d.
(a) If resident within fifteen miles from the place of hearing of the appeal (but only if financial loss is involved) an amount not exceeding
9
0
(b) If resident more than fifteen miles from the place of hearing of the appeal (but only if financial loss is involved) an amount not exceeding
9
0
plus reasonable transportation expenses actually paid
(c) If his attendance at the hearing of the appeal necessitates his absence from home for more than twenty-four hours
12
0
for each twenty-four hours, plus reasonable transportation expenses actually paid.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
In this Part, “Australia” includes the Territories of the Commonwealth.
Wives, widows and children—passage to Australia.
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.
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.
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.
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.
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.
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.
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.
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.
In this Part, unless the contrary intention appears—
“security” means a security in accordance with a form contained in the Schedule for an advance under the Act.
Form of security.
A security may be in accordance with such form in the Schedule to these Regulations as is applicable or such other form as the Commission approves.
Security.
A security may be for a past, present or future advance under the Act.
Rights of Commission under securities.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Div 3 - Australian Soldiers' Repatriation Regulations - Pension Appeal Tribunals. | Zoe