STATUTORY RULES.
1940. No. 278.
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REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seamen’s War Pensions and Allowances Act 1940.
Dated this Eleventh day of December, 1940.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Commerce.
Seamen’s War Pensions and Allowances Regulations.
Short title.
1. These Regulations may be cited as the Seamen’s War Pensions and Allowances Regulations.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“claim” means a claim for a pension or for a detention allowance;
“claimant” means the person who has made a claim for a pension or for a detention allowance whether on his own behalf, or on behalf of an Australian mariner or of a dependant, de facto wife or separated wife of an Australian mariner;
“Deputy Commissioner” means the Deputy Commissioner of Repatriation for a State appointed under the Australian Soldiers’ Repatriation Act 1920-1940;
“grantee” means a person, being an Australian mariner, or a dependant, de facto wife or separated wife of an Australian mariner, to whom a detention allowance has been granted, or is to be paid, but does not include the personal representative or trustee of such a person;
“pension” means a pension under the Act, and includes a detention allowance under section twenty-one of the Act, a gratuity under sub-section two of section twenty-three of the Act, and a lump sum under sub-section three of section twenty-three of the Act;
* Notified in the Commonwealth Gazette on , 1940.
6628.—12/24.10.1940.—Price 5d.
“Registrar” means a Registrar of Seamen’s Pensions appointed or deemed to have been appointed under the Act;
“trustee” means a trustee appointed under the Act, and includes the personal representative of a detained person;
“the Act” means the Seamen’s War Pensions and Allowances Act 1940.
Declarations by claimants.
3.—(1.) Where the form of any claim approved by the Commission, or any other document relating to a claim for, or a review of, pension or detention allowance, includes a declaration as to the correctness of the information set forth in the claim or document, the declaration may be made before 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 Seamen’s War Pensions and Allowances Act 1940, a Registrar under the Invalid and Old-age Pensions Act 1908-1939, a Registrar under the Australian Soldiers’ Repatriation Regulations, a Minister of Religion, an officer of the Repatriation Department, a member of the Parliament of the Commonwealth, or a Commissioned Officer of the Defence Force.
(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.
(3.) Any person who makes a false statement in any claim, or in any other document relating to a claim for, or a review of, pension or detention allowance, whether the claim or document contains a declaration as to the correctness of the information set forth therein or not, and whether the claim, document or declaration is signed before any of the persons specified in sub-regulation (1.) of this regulation or not, shall be guilty of an offence.
Penalty: Twenty-five pounds.
(4.) In addition to imposing any penalty in respect of an offence against the last preceding sub-regulation, the Court before which the person is convicted may order him to repay or return to the Commission any money, certificate or document received by him in consequence of the false statement in respect of which the offence was committed.
(5.) Nothing in this regulation shall affect the liability of any person to be proceeded against under any other law but he shall not be liable to be punished twice in respect of the same offence.
Action on receipt of claims.
4.—(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.
5. A Deputy Commissioner—
(a) upon receipt of any claim; or
(b) whenever it is necessary or expedient to review a grant of pension or detention allowance,
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 Commission, who shall ascertain from the claimant, pensioner, grantee, or any other person, such information as may be necessary to enable the Commission or a Pensions Committee to determine such of the questions specified in section five 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.
6. Where a pension or detention allowance 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 card and identification card, each in a form approved by the Commission, and the postmaster or other officer shall retain the identification card and deliver the certificate to the pensioner, grantee or trustee, as the case may be:
Provided that, in the case of a pensioner, grantee or trustee not residing in Australia, the Commission may make such arrangements for the payment of instalments as it deems practicable.
Possession of identification card authority to pay instalments.
7.—(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 or detention allowance described therein to the pensioner, grantee or trustee, or the holder of an order under regulation eleven of these Regulations, as the case may be, on the production of the pension certificate by the pensioner, grantee, 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 of the payment 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.
8. The fortnights in respect of which instalments of pension or detention allowance are payable shall commence on such day as the Commission determines.
Due date of instalments.
9. The due date of each instalment shall be the first day of the fortnight for which the instalment is payable:
Provided that where the due date is a public holiday payment may be made on such other day as the Commission directs.
Receipt by pensioner or trustee.
10.—(1.) Where the pensioner, grantee or trustee applies personally for a payment by instalment of pension or detention allowance he shall give a receipt for each instalment in accordance with the form approved by the Commission.
(2.) The postmaster or other officer may refuse to pay any instalment of pension or detention allowance if he is not satisfied that the person presenting the receipt is the pensioner, grantee or trustee, as the case may be.
Payment to other person.
11. Payment may be made to a person other than the pensioner, grantee or trustee if that person is the holder of an order, in the form approved by the Commission, from the pensioner, grantee 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 grantee, 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 or grantee.
Payment of instalment to female dependant.
12. Subject to regulation fourteen of these Regulations, a postmaster or other officer shall not pay any instalment of a pension or detention allowance granted 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 form approved by the Commission, 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.
13. Subject to regulation fourteen of these Regulations, a postmaster or other officer shall not pay any instalment of a pension or detention allowance 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 form approved by the Commission, that the person on whose behalf the pension or detention allowance is payable is alive.
Special provisions as to declarations.
14. 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, it may approve of such declarations being obtained at such intervals as it determines not exceeding twelve months.
Payment of undrawn instalment of pension of deceased pensioner.
15. 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.
16.—(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 or grantee under the
Seamen’s War Pensions and Allowances Act 1940, and the person reporting the death shall, to the best of his knowledge, state whether the deceased was such a pensioner or grantee or not.
Penalty: Twenty-five pounds.
(2.) If the deceased was a pensioner or grantee, the officer may notify the Deputy Commissioner of this fact and of the death.
Power of Deputy Commissioner to require information.
17.—(1.) A person shall, if so required by a Deputy Commissioner or a Registrar by notice in writing, furnish to the officer specified in the notice, within the time specified in the notice—
(a) a confidential report of the facts within his knowledge relating to any matter specified in the notice; and
(b) written answers to any questions specified in the notice,
concerning any claimant, pensioner grantee or any Australian mariner in respect of whom a pension or detention allowance has been claimed or granted.
Penalty: Twenty-five pounds.
(2.) No action or proceeding, civil or criminal, except an action or proceeding authorized by the Act or these Regulations, shall lie against any person in respect of any report or answer furnished by him in pursuance of this regulation.
Signature to forms.
18.—(1.) Every form in connexion with a claim for, or a review of, pension or detention allowance, which is required to be signed by any person, shall be signed by that person with his personal signature.
(2.) Where a person who is unable to sign his name in writing makes a mark as his signature to a form, the mark shall be deemed to be his personal signature if it is identifiable as such and is made in the presence of a witness who signs the form as a witness.
(3.) A person shall not make the signature of any other person on any form.
Penalty: Twenty-five pounds.
(4.) Nothing contained in this regulation shall affect the liability of any person to be proceeded against under any other law but he shall not be liable to be punished twice in respect of the same offence.
Signatures in blank.
19. A person shall not sign his name on any form in connexion with a claim for, or review of, pension or detention allowance as a signature to that form unless the form has been filled in so as to be ready for use without further addition.
Penalty: Twenty-five pounds.
Time for commencement of prosecutions.
20. A prosecution for an offence against these Regulations may be commenced at any time within three years after the commission of the offence.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.