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War Service Estates Act 1942

Authoritative Version
Act No. 57 of 1942 as amended, taking into account amendments up to Act No. 104 of 1988
An Act relating to the Estates of Deceased Members of the Defence Force, and for other purposes
Administered by: Defence
Start Date 01 Sep 1989
End Date 17 Oct 2014
Date of repeal 17 Oct 2014
Repealed by Omnibus Repeal Day (Autumn 2014) Act 2014
Table of contents.

War Service Estates Act 1942

Act No. 57 of 1942 as amended

This compilation was prepared on 18 October 2000
taking into account amendments up to Act No. 104 of 1988

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

4............ Interpretation....................................................................................... 1

5............ Application of Act............................................................................... 2

6............ Authorised person............................................................................... 3

7............ War service estates— how dealt with.................................................. 3

8............ Disposition of property to operate as discharge.................................. 3

9............ Exemption of Commonwealth from liability....................................... 4

10.......... Payments to Public Trustee or Curator of Intestate Estates................. 4

11.......... Application of estate where no person beneficially entitled thereto..... 5

12.......... Attachment of war service Estate........................................................ 5

13.......... Medals................................................................................................ 5

14.......... Decorations......................................................................................... 5

15.......... Regulations......................................................................................... 5

Notes                                                                                                                                           7

 


An Act relating to the Estates of Deceased Members of the Defence Force, and for other purposes

1  Short title [see Note 1]

             (1)  This Act may be cited as the War Service Estates Act 1942.

             (2)  This Act shall be incorporated and read as one with the Defence Act 1903‑1941.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which it receives the Royal Assent.

4  Interpretation

             (1)  In this Act, unless the contrary intention appears:

active service:

                     (a)  in respect of any service before 3 July 1985—has the same meaning that it had in the Defence Act 1903 immediately before 3 July 1985; and

                     (b)  in any other case—has the same meaning as in the Defence Force Discipline Act 1982.

authorized person means a person appointed by the Minister to be an authorized person for the purposes of this Act.

deceased member means a deceased person in respect of whose war service estate this Act applies.

member means a person who is or has been a member of the Defence Force, and includes:

                     (a)  a person who is or has been a member of a nursing service or women’s auxiliary or other service established in connection with the Defence Force; and

                     (b)  any person who accompanies or has accompanied any part of the Defence Force on active service and is or was, while so accompanying that part, in the pay of the Commonwealth and:

                              (i)  in respect of a period before 3 July 1985—was subject to naval, military or air force law; and

                             (ii)  in any other case—is or was a defence civilian within the meaning of the Defence Force Discipline Act 1982.

Public Trustee means the Public Trustee or Curator of Intestate Estates or other proper officer of a State or Territory having the custody or administration of intestate estates under the law of the State or Territory.

time of war has the same meaning as in the Defence Act 1903.

war has the same meaning as in the Defence Act 1903.

war service:

                     (a)  in relation to a member not being a member of the Defence Force—means any service as a member in time of war; and

                     (b)  in relation to a person who is or was a member of the Defence Force:

                              (i)  in respect of any service before 3 July 1985—has the same meaning that it had in the Defence Act 1903 immediately before 3 July 1985; and

                             (ii)  in any other case—means any service in time of war and includes active service within the meaning of the Defence Force Discipline Act 1982.

war service estate means:

                     (a)  the net amount of pay (including deferred pay), allowances or other money due to a member by Australia after the deduction of any amounts owing to Australia and such mess debts or other debts due to naval, military or air force institutions, as the Minister, in writing, directs; and

                     (b)  personal property or effects of a member in the care, control or custody of the naval, military or air force authorities at the time of the death of the member, or which came into that care, control or custody after the death of the member.

5  Application of Act

                   This Act shall apply in respect of the war service estate of any person dying or killed (whether before or after the commencement of this Act) while a member on war service, or within three months after he ceased to be on war service:

Provided that war service estates to which the Deceased Soldiers’ Estates Act 1918‑1919 applied shall be dealt with in accordance with the provisions of that Act.

6  Authorised person

                   The Minister may, by instrument in writing, appoint any person to be an authorized person for the purposes of this Act.

7  War service estates—how dealt with

             (1)  An authorized person may pay or deliver the whole or any part of the war service estate of a deceased member:

                     (a)  to the personal representative of the deceased member;

                     (b)  to any person who, in the opinion of the authorized person, is beneficially entitled thereto;

                     (c)  to a Public Trustee, in accordance with section 10;

                     (d)  to such persons or persons included in such classes of persons as are prescribed;

                     (e)  to such persons or persons included in such classes of persons as the Minister specifies; or

                      (f)  to any one or more of the persons referred to in the preceding paragraphs of this subsection.

             (2)  Any portion of the war service estate of a deceased member which consists of personal property or effects may be sold, as prescribed, and the net proceeds of the sale shall be deemed to be part of the war service estate of the member.

             (3)  Any personal property or effects of a deceased member which, in the opinion of an authorized person, has no market value may be disposed of in such manner as the authorized person directs.

8  Disposition of property to operate as discharge

                   The payment or delivery of any money or other property in pursuance of this Act shall operate as a discharge of the Commonwealth, and of every person making or authorizing the payment or delivery on behalf of the Commonwealth, from any liability in respect of the money or other property.

9  Exemption of Commonwealth from liability

                   Notwithstanding anything contained in the law of the Commonwealth or of any State or Territory, the Commonwealth, and any officer or other person acting for or on behalf of the Commonwealth, shall not be liable to any action, claim or demand in respect of anything done in connexion with:

                     (a)  the disposition of any war service estate in pursuance of this Act; or

                     (b)  the disposition prior to the commencement of this Act of any property of a deceased member which, if this Act had been in force at the time when the thing was done, would have been in accordance with the provisions of this Act.

10  Payments to Public Trustee or Curator of Intestate Estates

             (1)  Money or other property belonging to the war service estate of a deceased member may be paid or delivered to a Public Trustee, and the receipt of the Public Trustee shall be a sufficient discharge to the Commonwealth, and to every person making or authorizing the payment or delivery on behalf of the Commonwealth, from all liability in respect of the money or property, as the case may be.

             (2)  Where money or property has been paid or delivered to a Public Trustee in pursuance of this section, he shall, upon receipt of a request in writing from an authorized person, repay or re‑deliver to that person the money or property, or such part thereof as remains unadministered, and the receipt of the authorized person shall discharge the Public Trustee from all liability in respect of the money repaid or property re‑delivered, as the case may be.

             (3)  Upon the repayment of money or the re‑delivery of property to an authorized person in pursuance of this section, the money or property shall be dealt with as provided in this Act.

11  Application of estate where no person beneficially entitled thereto

                   Where it appears that there is no person to whom the war service estate of a deceased member may be paid or delivered under section 7, the proceeds of the estate shall be applied, as prescribed, to the creation or maintenance of any prescribed fund for the benefit of persons who are or have been members or dependants of members:

Provided that the application of the proceeds of a war service estate in pursuance of this section shall not bar the claim of any person who subsequently satisfies an authorized person that he is a person to whom the estate or a part thereof may be paid or delivered under section 7.

12  Attachment of war service Estate

                   No person shall, by judgment or otherwise, be entitled to attach the war service estate of a deceased member or any proceeds of the estate in the hands of the Commonwealth.

13  Medals

                   The medals of a deceased member which are not bequeathed to some specified person by will shall be delivered to such person or institution as the Minister, or an authorized person, approves.

14  Decorations

                   Subject to any specific direction contained in any law or rules governing the Order to which any decoration relates, the decorations of a deceased member shall be disposed of in like manner as if they were medals.

15  Regulations

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.


Notes to the War Service Estates Act 1942

Note 1

The War Service Estates Act 1942 as shown in this compilation comprises Act No. 57, 1942 amended as indicated in the Tables below.

Table of Acts

 

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

 

 

War Service Estates Act 1942

57, 1942

13 Oct 1942

13 Oct 1942

 

War Service Estates Act 1943

39, 1943

3 July 1943

13 Oct 1942

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and (10)

Defence Force Re‑organization Act 1975

96, 1975

9 Sept 1975

Part XIII (ss. 178‑181): 28 Oct 1975 (see Gazette 1975, No. G42) (a)

Defence Legislation Amendment Act (No. 2) 1988

104, 1988

6 Dec 1988

S. 18: 1 Sept 1989 (see Gazette 1989, No. S268)
S. 25: 1 Oct 1972
Ss. 29 and 36: 1 July 1978
Part IX (ss. 52, 53): 18 Dec 1987
Remainder: Royal Assent


(a)     The War Service Estates Act 1942 is amended by Part XIII (sections 178‑181) only of the Defence Force Re‑organization Act 1975, section 2 of which provides as follows:

                    2   This Part shall come into operation on the day on which this Act receives the Royal Assent, and the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

 

Title..........................................

am. No. 96, 1975

S. 3...........................................

rep. No. 216, 1973

S. 4...........................................

am. No. 216, 1973; No. 96, 1975; No. 104, 1988

S. 7...........................................

am. No. 39, 1943; No. 96, 1975

S. 8...........................................

am. No. 96, 1975; No. 104, 1988

S. 9...........................................

am. No. 216, 1973; No. 96, 1975; No. 104, 1988

S. 10.........................................

am. No. 96, 1975; No. 104, 1988

S. 11.........................................

am. No. 96, 1975

S. 12.........................................

am. No. 96, 1975; No. 104, 1988

S. 15.........................................

am. No. 104, 1988