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War Gratuity Act 1945

Authoritative Version
Act No. 16 of 1945 as amended, taking into account amendments up to Statute Update Act 2016
An Act relating to the payment of War Gratuity to members of the Defence Force in respect of War Service
Administered by: Defence
Registered 24 Oct 2016
Start Date 21 Oct 2016
Table of contents.

War Gratuity Act 1945

No. 16, 1945

Compilation No. 4

Compilation date:                           21 October 2016

Includes amendments up to:         Act No. 61, 2016

Registered:                                      24 October 2016

 

About this compilation

This compilation

This is a compilation of the War Gratuity Act 1945 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 1

2............ Interpretation....................................................................................... 1

3............ Payment of war gratuity authorised..................................................... 5

4............ Rate of war gratuity............................................................................. 5

6............ War gratuity not a right....................................................................... 5

7............ Overseas qualifying service................................................................ 5

8............ Periods of overseas qualifying service less than twelve months......... 7

9............ General qualifying service................................................................... 7

10.......... Qualifying service does not include certain service............................. 8

11.......... Special provisions as to period of service........................................... 9

12.......... Calculation of qualifying service......................................................... 9

13.......... Addition to war gratuity in case of death........................................... 10

14.......... Minimum war gratuity in case of death and total dependency........... 10

15.......... Disqualifications............................................................................... 11

16.......... Deductions........................................................................................ 12

17.......... Death of member before date of entitlement...................................... 12

18.......... Date of entitlement............................................................................ 13

19.......... Register of War Gratuities................................................................. 14

20.......... Date of payment of war gratuity........................................................ 14

21.......... Payment of war gratuity before due date........................................... 14

22.......... Application of war gratuity towards purchase of home for member. 15

23.......... War gratuity inalienable except as prescribed.................................... 15

24.......... War gratuity to form part of estate on death after entitlement............ 15

25.......... Provision in case of mentally unfit persons....................................... 16

26.......... Provision for dependants when not adequately provided for by member      16

27.......... Interest on war gratuity..................................................................... 16

28.......... War gratuity and interest not liable to income tax.............................. 17

29.......... Offences............................................................................................ 17

30.......... Authority to borrow money for purposes of Act.............................. 18

31.......... Appropriation of Consolidated Revenue Fund.................................. 18

32.......... Regulations....................................................................................... 18

33.......... Delegation......................................................................................... 19

The Schedule—Classes of members disqualified for war gratuity  20

Endnotes                                                                                                                                    23

Endnote 1—About the endnotes                                                                            23

Endnote 2—Abbreviation key                                                                                25

Endnote 3—Legislation history                                                                             26

Endnote 4—Amendment history                                                                           27


An Act relating to the payment of War Gratuity to members of the Defence Force in respect of War Service

 

 

1  Short title

                   This Act may be cited as the War Gratuity Act 1945.

2  Interpretation

                   In this Act, unless the contrary intention appears:

Australia means that area comprising the States of the Commonwealth, the Australian Capital Territory and the Northern Territory.

Australian Territories means the Territories of Papua, New Guinea and Norfolk Island.

date of embarkation, in relation to a member, means the date upon which the member embarked on a ship or aircraft for service in an overseas area, but shall not be deemed to refer to the embarkation on that ship or aircraft on that date of a member who disembarked from that ship or aircraft before reaching an overseas area and, in the opinion of a prescribed authority, did not proceed forthwith in the same or another ship or aircraft for service in an overseas area.

date of entitlement means the date on which a member or other person becomes entitled to be credited in the Register of War Gratuities with war gratuity in respect of the service of the member.

death due to war service means death of a member which occurred in circumstances in which:

                     (a)  the Commonwealth is liable to pay pension under Part II of the Veterans’ Entitlements Act 1986; or

                     (b)  the Commonwealth would be liable to pay pension under that Part if pension were payable to a female veteran’s spouse.

dependants means the spouse or children (including ex‑nuptial children) of any person who is or was a member, and any person who is or was wholly or partly dependent for his or her support upon the earnings of that person during the period of his or her service as a member or subsequently at any time before the date of entitlement of that person to war gratuity.

excepted injury or illness, in relation to a member, means:

                     (a)  an injury or illness which, in the opinion of a prescribed authority, was due to or arose from the serious default or wilful act of the member;

                     (b)  an intentionally self‑inflicted injury; or

                     (c)  an injury or illness which, in the opinion of a prescribed authority, was due to or arose from any occurrence happening during the commission of a serious breach of discipline.

general qualifying service means service performed on the days prescribed by section nine of this Act as days of general qualifying service.

member means a person who, at any time during the war, has been:

                     (a)  a member of the Naval Forces;

                     (b)  a member of the Military Forces; or

                     (c)  a member of the Air Force.

member of the Naval Forces means a member of the Naval Forces raised in pursuance of the Naval Defence Act 1910‑1934 and includes:

                     (a)  any person who held a rank or rating in the Naval Forces (whether Permanent, Reserve or Temporary) of any part of the King’s dominions, other than the Commonwealth, in respect of any period in which he served as a member of the Royal Australian Navy; and

                     (b)  any member of the Royal Australian Naval Nursing Service or the Women’s Royal Australian Naval Service and such members or classes of members as are prescribed of any body or organization which has been replaced by or merged into either of those Services.

member of the Military Forces means:

                     (a)  a member of the Permanent Military Forces;

                     (b)  a member of the Australian Imperial Force; and

                     (c)  a member of the Citizen Military Forces, enlisted, appointed or called up for continuous full time war service;

and includes a member of the Australian Army Nursing Service, the Australian Women’s Army Service, the Australian Army Medical Women’s Service or the Voluntary Aid Detachment and such members or classes of members as are prescribed of any body or organization which has been replaced by or merged into any of those bodies.

member of the Air Force means a member of the Royal Australian Air Force established under the Air Force Act 1923‑1941, and includes a member of the Royal Australian Air Force Nursing Service or the Women’s Auxiliary Australian Air Force and such members or classes of members as are prescribed of any body or organization of women which has been replaced by or merged into either of those bodies.

month, for the purposes of sections four, eight, twelve and thirteen of this Act, means a period of thirty days.

overseas area means:

                     (a)  in relation to service during the period commencing on the third day of September, One thousand nine hundred and thirty‑nine and ending on the sixth day of December, One thousand nine hundred and forty‑one, any area outside Australia and outside Australian Territories; or

                     (b)  in relation to service during the period commencing on the seventh day of December, One thousand nine hundred and forty‑one and ending on the thirtieth day of June, One thousand nine hundred and forty‑seven, any area outside Australia.

overseas qualifying service means service performed on the days prescribed by section seven of this Act as days of overseas qualifying service.

sea‑going ship does not include a depot ship or a ship principally employed on or in connexion with port or harbour defence.

service abroad means service by a member:

                     (a)  in an overseas area or in a sea‑going ship as a member of a body, contingent or detachment of the Defence Force engaged in service in such an area or ship; or

                     (b)  as a member of the air crew of a squadron, if the role of the squadron was operational involving flights out of Australia;

and includes service during the period of any voyage to an overseas area commencing on and including the date of embarkation for that area and service during the period of any voyage from an overseas area up to and including the date of disembarkation.

spouse in relation to a member, includes:

                     (a)  a de facto spouse of the member; or

                     (b)  a widow or widower of the member; or

                     (c)  a person who was a de facto spouse of the member immediately before the member’s death.

the cessation of hostilities means a date to be proclaimed by the Governor‑General from which, for the purposes of this Act, the hostilities in which the Commonwealth of Australia is engaged in the war shall be deemed to have ceased.

the war means the war with Germany which commenced on the third day of September, One thousand nine hundred and thirty‑nine, and includes any other war in which His Majesty became engaged after that date and before the date of commencement of this Act.

war gratuity means war gratuity under this Act.

3  Payment of war gratuity authorised

                   War gratuity may be credited and paid in accordance with this Act to any member or other person authorized by this Act to receive war gratuity in respect of the overseas qualifying service or general qualifying service of that member.

4  Rate of war gratuity

             (1)  The rate of war gratuity payable under this Act in respect of overseas qualifying service or service deemed to be overseas qualifying service shall be Seven dollars fifty cents for each month or portion of a month of overseas qualifying service calculated in accordance with section twelve of this Act.

             (2)  The rate of war gratuity payable under this Act in respect of general qualifying service or service deemed to be general qualifying service shall be One dollar fifty cents for each month or portion of a month of general qualifying service calculated in accordance with section twelve of this Act.

6  War gratuity not a right

                   A war gratuity shall not be claimable or recoverable by any person as a matter of right, but shall be deemed to be a free gift by the Commonwealth in recognition of honorable service during the war, and the crediting or payment of a war gratuity may in any case be withheld or deferred by a prescribed authority or made subject to such terms and conditions as a prescribed authority, having regard to the interests or deserts of the claimant, thinks just and proper.

7  Overseas qualifying service

             (1)  Subject to the provisions of sections ten and eleven of this Act, overseas qualifying service shall comprise each day of service as a member, and each day of the period following the death of a member, specified in one or more of the following paragraphs:

                     (a)  Service abroad for a continuous period of not less than ninety days or for periods aggregating not less than one hundred and eighty days in any period of twelve months;

                     (b)  Service abroad for any period or periods less than those specified in paragraph (a) of this subsection, if, at the end of any such period, the member has been returned to Australia, or discharged from his or her ship, owing to injury or illness, not being an excepted injury or illness;

                     (c)  Service abroad for any periods at any time subsequent to service within the provisions of paragraph (a) or (b) of this subsection;

                     (d)  Service abroad for any period, if the member’s death occurred at the end of the period;

                     (e)  Service in any area, other than an overseas area, for any period of treatment in hospital or convalescent depot immediately following a member’s return from service abroad, or discharge from his or her ship, owing to injury or illness, not being an excepted injury or illness;

                      (f)  Service in any area, other than an overseas area, for any period not exceeding ninety days immediately following any period of service described in paragraph (a), (b), (c) or (e) of this subsection, except in cases where a member has been returned to Australia from an overseas area, or discharged from his or her ship, on account of an excepted injury or illness, and except in such other cases as are prescribed; and

                     (g)  In the event of a period of service described in paragraph (a), (b), (c), (d), (e) or (f) of this subsection having been terminated by death due to war service, the period from the date of death to the date of notification of death to the Repatriation Commission or to the thirtieth day of June, One thousand nine hundred and forty‑seven, whichever is the earlier date, except in the case of the death of a member during the period deemed to be service by subsection (1) of section eleven of this Act:

Provided that:

                              (i)  if a member, after the cessation of hostilities, commences a period of service abroad, that service shall not be classified as overseas qualifying service, except in such cases and subject to such conditions as are prescribed; and

                             (ii)  if a member has returned to Australia at the member’s own request or for prescribed disciplinary reasons, the period specified in paragraph (f) of this subsection subsequent to the date of the member’s disembarkation shall not be deemed to be overseas qualifying service, except in cases where a prescribed authority, acting in pursuance of powers conferred on a prescribed authority by the regulations, directs that it shall be deemed to be overseas service.

             (2)  Any day of service specified in more than one of paragraphs (a), (b), (c), (d), (e), (f) and (g) of the last preceding subsection shall count as one day of service only.

8  Periods of overseas qualifying service less than twelve months

                   Where a member has performed overseas qualifying service and the number of months of that service is less than twelve, the number shall be deemed to be twelve, but, unless otherwise prescribed, this section shall not apply if the member has returned to Australia at the member’s own request or for prescribed disciplinary reasons or on account of excepted injury or illness.

9  General qualifying service

             (1)  Subject to the provisions of sections ten and eleven of this Act, general qualifying service shall comprise each day of service as a member, and each day of the period following the death of a member, which is specified in any one or more of the following paragraphs:

                     (a)  Service classified as overseas qualifying service within the provisions of section seven of this Act;

                     (b)  Service on and after the seventh day of December, One thousand nine hundred and forty‑one, if the member had served on continuous full‑time war service for a period of six months immediately preceding that date;

                     (c)  Service on and after the day following the date subsequent to the seventh day of December, One thousand nine hundred and forty‑one, on which the member completed a period of six months continuous full‑time war service;

                     (d)  In the event of a period of service described in paragraph (b) or (c) of this subsection having been terminated by death due to war service, the period from the date of death to the date of notification of death to the Repatriation Commission or to the thirtieth day of June, One thousand nine hundred and forty‑seven, whichever is the earlier date, except in the case of the death of a member during the period deemed to be service under subsection (1) of section eleven of this Act; and

                     (e)  Service on or after the seventh day of December, One thousand nine hundred and forty‑one, by a member who died before the completion of the period of six months service referred to in paragraph (c) of this subsection, where the member’s death was due to war service.

             (2)  Any day of service specified in more than one of the paragraphs of the last preceding subsection shall count as one day of service only.

             (3)  The Governor‑General may, by Proclamation, declare a date as the date upon which the general qualifying service of any class of member of the Permanent Forces specified in the Proclamation shall cease, and service by members included in that class after the date proclaimed shall not be deemed to be general qualifying service.

10  Qualifying service does not include certain service

                   Service subsequent to the thirtieth day of June, One thousand nine hundred and forty‑seven or periods deemed to be service after that date shall not be included in a member’s overseas qualifying service or general qualifying service.

11  Special provisions as to period of service

             (1)  Where a member on termination of service has been granted pay in lieu of leave accrued in respect of his or her war service, a period from the termination of his or her service equal to the number of days for which he or she was granted pay in lieu of that leave shall, for the purposes of sections seven and nine of this Act, be deemed to be service as a member.

             (2)  Days of overseas qualifying service or general qualifying service shall not include:

                     (a)  any day in respect of which a member was not entitled to the full pay appropriate to the member’s appointment, rank or rating or in respect of which the member’s pay was forfeited, or, in the case of a member of the Naval Forces, any day on which the member was absent without leave and in respect of which the member’s pay was mulcted under the appropriate Naval Regulations; or

                     (b)  any day which was not part of the continuous full‑time war service of a member:

Provided that, where a prescribed authority is satisfied, in respect of any day in respect of which a member was not entitled to the full pay appropriate to the member’s appointment, rank or rating or in respect of which the member’s pay was forfeited or mulcted, that there exist mitigating circumstances which justify the inclusion of that day as a day of overseas qualifying service or general qualifying service, the prescribed authority may direct that that day be so included.

12  Calculation of qualifying service

             (1)  The number of months in respect of which a member is entitled to war gratuity in respect of the member’s service at the rate prescribed for overseas qualifying service shall be the number of months of overseas qualifying service of the member based on the total number of days on which the member has performed overseas qualifying service (any fraction of a month being treated as one month) together with any additional period required to be included in pursuance of section eight of this Act.

             (2)  The number of months in respect of which a member is entitled to war gratuity in respect of the member’s service at the rate prescribed for general qualifying service shall be the number of months of general qualifying service of the member based on the total number of days on which the member has performed general qualifying service (any fraction of a month being treated as one month) less the number of months in respect of which the member is entitled to war gratuity in respect of the member’s service at the rate prescribed for overseas qualifying service.

13  Addition to war gratuity in case of death

             (1)  Where death due to war service occurred while the member was performing service specified in section seven of this Act, a sum calculated at the rate prescribed for overseas qualifying service for a period of seven months shall be added to the war gratuity to which the member would otherwise be entitled.

             (2)  Where death due to war service occurred while the member was performing general qualifying service, not being service specified in section seven of this Act, a sum calculated at the rate prescribed for general qualifying service for a period of seven months shall be added to the war gratuity to which the member would otherwise be entitled.

14  Minimum war gratuity in case of death and total dependency

             (1)  Where the death of a member due to war service occurred prior to the first day of July, One thousand nine hundred and forty‑seven and a prescribed authority determines in accordance with the regulations that the spouse, or a child, parent, step‑parent, foster‑parent or dependant of the member was totally dependent on that member at the date of the member’s death, an amount of war gratuity not less than the amount prescribed in respect of a period of three years service at the rate prescribed for overseas qualifying service (including any sum added under the last preceding section) shall, subject to section six of this Act, be credited and paid in respect of the deceased member’s service, whether or not the member had, at the date of the member’s death, any general qualifying service.

             (2)  The amount by which the war gratuity is increased in consequence of the provisions of this section shall be credited and paid to or for the benefit of the person or persons totally dependent on the member, in such proportions as the regulations prescribe or a prescribed authority directs.

             (3)  Where, at the date of the death of the member, the member had no general qualifying service, the amount of war gratuity to be credited and paid in pursuance of this section shall be credited and paid to or for the benefit of the person or persons totally dependent on the member in such proportions as the regulations prescribe or a prescribed authority directs.

15  Disqualifications

                   A member or other person who would, but for this section, be entitled to be credited with war gratuity in respect of the service of the member shall be disqualified from being so entitled if the member is included in one of the classes specified in the Schedule to this Act:

                   Provided that:

                     (a)  where disqualification under this section results from a member’s absence without leave and a prescribed authority is satisfied that the member has neglected or failed to provide adequately for the member’s dependants, the prescribed authority may authorize credit to some or all of those dependants of such amounts of war gratuity as the prescribed authority thinks fit, not exceeding in the aggregate the amount which could, but for this section, have been credited to, or in respect of the service of, that member;

                     (b)  where in any case a prescribed authority, having regard to the meritorious service rendered by the member or other special circumstances, considers that it is inequitable to withhold the war gratuity which would, but for this section, have been credited, the prescribed authority may authorize the credit of the whole or such part of the war gratuity as the prescribed authority considers justified; and

                     (c)  where an occurrence relating to the service of a member has rendered the member liable to be disqualified for war gratuity under the provisions of this section and the member subsequently re‑enlisted or was re‑appointed for service, the occurrence relating to the member’s earlier service shall not render the member liable to be disqualified for war gratuity in respect of service following the member’s re‑enlistment or re‑appointment after the time of the occurrence.

16  Deductions

                   From the amount of any war gratuity to be credited there shall be deducted:

                     (a)  any amount due to the Commonwealth by the person to whom, or in respect of whose service, the war gratuity is to be credited, where the indebtedness of that person to the Commonwealth was caused by fraud, deception or misappropriation on his or her part; and

                     (b)  any amount due to the Minister of State for Repatriation or the Repatriation Commission by the person to whom, or in respect of whose service, the war gratuity is to be credited where that person has improperly disposed of property belonging to that Minister or that Commission, or property over which that Minister or that Commission holds security.

17  Death of member before date of entitlement

             (1)  Where a member in respect of whose service a war gratuity is to be credited has died before the date of entitlement, the war gratuity to which the deceased member would have been entitled shall not form part of the estate of the deceased member, and shall not be payable to the executor or administrator of the estate of the deceased member, but, except where otherwise prescribed, may be credited to or for the benefit of such one or more of the following persons, and in such proportions, as the regulations prescribe or a prescribed authority directs, namely, any person who:

                     (a)  is beneficially entitled under the will of the deceased to any part of his estate; or

                     (b)  is, or would, if the deceased had died intestate, have been entitled to a share in the distribution of the deceased’s intestate estate;

and who is the spouse, or a child, parent, step‑parent, foster‑parent or dependant of the deceased.

             (2)  Subject to the regulations, a prescribed authority may, in special circumstances, approve the crediting of the war gratuity to persons other than those included in the last preceding subsection.

18  Date of entitlement

                   The date on which a person shall be entitled to be credited with war gratuity in respect of the service of a member shall be the date six months after the cessation of hostilities or, in the case of a member who is serving as a member on that date, either:

                     (a)  the date on which the member’s service terminates; or

                     (b)  the first day of July, One thousand nine hundred and forty‑seven;

whichever is the earlier date:

                   Provided that, in any case to which section fourteen of this Act applies, war gratuity may be credited as from any date later than six months after the cessation of hostilities, but not later than the first day of July, One thousand nine hundred and forty‑seven:

                   Provided further that, in the case of any member included in a class of members specified in a Proclamation under subsection (3) of section nine of this Act, if the date proclaimed as the date upon which the general qualifying service of such class shall cease is subsequent to the date six months after the date of cessation of hostilities but prior to the first day of July, One thousand nine hundred and forty‑seven, the date so proclaimed shall be the date of entitlement.

19  Register of War Gratuities

             (1)  There shall be a Register of War Gratuities in which an account shall be kept for each member or other person who is entitled to a war gratuity.

             (2)  The Register of War Gratuities shall be under the control of an officer appointed by the Governor‑General who shall be known as the Registrar of War Gratuities.

20  Date of payment of war gratuity

                   Except as otherwise provided by this Act, payment of war gratuity shall be made at the expiration of a period of five years and six months after the cessation of hostilities.

21  Payment of war gratuity before due date

                   In the case of a war gratuity credited in the Register of War Gratuities to the account of:

                     (a)  any person, where the amount credited to that person is less than Twenty dollars; or

                     (b)  the spouse of a member; or

                     (c)  the widowed mother or widowed father of an unmarried deceased member; or

                     (d)  the mother or father of a deceased member, or an older sister or brother of a deceased member who acted as a parent to the member, if a prescribed authority is satisfied that she or he was totally dependent on the member at the time of the member’s death or is in needy circumstances; or

                     (e)  a member who is found by a prescribed authority to be blind or totally or permanently incapacitated;

and in such other cases as are prescribed, payment in whole or in part may, at the discretion of a prescribed authority, be made at any time after the date of entitlement.

22  Application of war gratuity towards purchase of home for member

                   Upon the recommendation of a prescribed authority, made in pursuance of an application by a member, the Minister may authorize the then present value of the whole or portion of the war gratuity to which the member is entitled to be transferred to the War Service Homes Commissioner or any other authority approved by a prescribed authority for the purpose of being credited by the Commissioner or other authority, by way of deposit or otherwise, towards the cost of the erection or purchase of a dwelling‑house for the member, and the whole or portion of the war gratuity may, thereupon, be so transferred.

23  War gratuity inalienable except as prescribed

                   Except as otherwise provided by this Act, no war gratuity or part of a war gratuity shall be alienable, whether by way or in consequence of sale, assignment, charge, execution, bankruptcy or otherwise howsoever.

24  War gratuity to form part of estate on death after entitlement

                   Where a person who is entitled to a war gratuity dies on or after the date of entitlement but before the date of payment, the amount of the war gratuity and interest shall form part of his or her estate, and may, subject to section fourteen of this Act, be paid to his or her personal representative or, if there is no personal representative, to such person or persons as a prescribed authority determines in accordance with the regulations.

25  Provision in case of mentally unfit persons

                   Where a prescribed authority is satisfied that any person to whom a war gratuity is payable is mentally unfit, payment of the war gratuity may be made for the benefit of that person or some or all of his or her dependants, to such person, in such manner, and upon such conditions as the prescribed authority directs.

26  Provision for dependants when not adequately provided for by member

                   Where a prescribed authority is satisfied at any time prior to the date of entitlement of any member that the member has neglected or failed to provide adequately for some or all of the member’s dependants, the prescribed authority may direct that the whole or portion of the war gratuity to which the member would otherwise be entitled shall be credited and payable to those dependants or to some person in trust for them upon such trusts as the prescribed authority directs which shall, if the prescribed authority so directs, be set out in a deed of trust executed by that person.

27  Interest on war gratuity

             (1)  Subject to this section, on the date of payment of the whole or the final balance of the war gratuity to which a person is entitled, compound interest at the rate of Six dollars fifty cents per centum per annum calculated on the basis of yearly rests from the date of entitlement to that date of payment shall be credited to the account of that person in the Register of War Gratuities on the amount of war gratuity in credit to that account and shall be deemed to be part of the war gratuity and paid accordingly.

             (2)  Interest shall not be credited with respect to any period subsequent to a date of five years and six months after the cessation of hostilities.

             (3)  Where the war gratuity is paid in full within three months from the date of entitlement, no interest shall be credited or paid.

             (4)  Where a member who has performed general qualifying service prior to the date twelve months after the cessation of hostilities is serving as a member on that date interest on the war gratuity to which the member is entitled shall be credited on the amount of war gratuity accrued at that date for the period from that date to the date of entitlement, and the amount of interest so credited shall be added to the war gratuity and be deemed to be part of it.

             (5)  Where a member who has performed general qualifying service prior to the date twelve months after the cessation of hostilities re‑enlists as a member after that date, interest shall be credited on the amount of war gratuity to which the member is entitled prior to such re‑enlistment for the period from the date on which the member was previously entitled to be credited with war gratuity to the date of entitlement, and the amount of interest so credited shall be added to the war gratuity and be deemed to be part of it.

28  War gratuity and interest not liable to income tax

                   The amount of:

                     (a)  any war gratuity; or

                     (b)  any interest credited or paid to any person in pursuance of this Act;

shall not be liable to income tax under any law of the Commonwealth or of a State or Territory of the Commonwealth, and shall not be deemed to be assets or ordinary income for the purposes of the Social Security Act 1991 or the Veterans’ Entitlements Act 1986.

29  Offences

                   Any person who:

                     (a)  obtains any war gratuity or interest which is not payable;

                     (b)  obtains payment of any war gratuity or interest by means of any false or misleading statement; or

                     (c)  makes or presents to the Minister, or to any officer or authority doing duty in relation to this Act or the regulations, any statement or document which is false in any particular;

shall be guilty of an offence.

Penalty:  Imprisonment for 6 months or 2 penalty units.

30  Authority to borrow money for purposes of Act

             (1)  The Treasurer may, from time to time, under the provisions of the Commonwealth Inscribed Stock Act 1911‑1940, or under the provisions of any Act authorizing the issue of Treasury Bills, borrow such moneys as are necessary for carrying out or giving effect to this Act.

             (2)  The amount borrowed shall be issued and applied only for the expenses of borrowing and for the purposes of this Act.

31  Appropriation of Consolidated Revenue Fund

                   The Consolidated Revenue Fund is, to the necessary extent, hereby appropriated for the purposes of this Act.

32  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which 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, and in particular prescribing matters providing for and in relation to:

                     (a)  the appointment and tenure of office of prescribed authorities;

                     (b)  the summoning of witnesses, the taking of evidence on oath and the production of documents; and

                     (c)  penalties, not exceeding 1 penalty unit, for offences against the Regulations.

33  Delegation

             (1)  The Minister may, by writing under the Minister’s hand, delegate to any person all or any of the Minister’s powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.

             (2)  Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.


The ScheduleClasses of members disqualified for war gratuity

               1  Any member:

                     (a)  who has been absent without leave for a period of thirty days or more and has not, prior to such date as is prescribed in relation to the class of members in which the member is included, surrendered or been apprehended;

                     (b)  who, after such date as is prescribed in relation to the class of members in which the member is included, has absented himself or herself without leave for a continuous period of thirty days or more;

                     (c)  who is proved to the satisfaction of a prescribed authority to have been discharged or to have had his or her appointment terminated in consequence of wounds intentionally inflicted by himself or herself or illness intentionally induced by himself or herself;

                     (d)  who being an officer was, by sentence of court‑martial, cashiered or dismissed from His Majesty’s service or from the Defence Force or whose commission was cancelled, or whose appointment was terminated, by sentence of court‑martial, or who was retired and such retirement was entered in Service records as being on account of an offence or misconduct of any kind committed during his or her service; or

                     (e)  who, by reason of any sentence or award of penal servitude, imprisonment or detention imposed on him or her while on the voyage for service overseas or while in a training camp, a ship or a depot, was unable to join a unit in the field, a ship or a depot (other than a unit or depot to which the member was posted for the purpose of undergoing penal servitude, imprisonment or detention, or a training camp or training depot) unless:

                              (i)  he or she had, prior to the date of the sentence or award, completed a period of overseas qualifying service; and

                             (ii)  in the opinion of a prescribed authority, the circumstances of that service are such as would not justify his or her being disqualified for war gratuity.

               2  Any member of the Naval Forces:

                     (a)  who has been discharged “Run”;

                     (b)  who has been dismissed from His Majesty’s Service with disgrace;

                     (c)  who has been dismissed from His Majesty’s Service;

                     (d)  who has been discharged from the Naval Service as “Services no longer required”;

                     (e)  whose services have been dispensed with on account of misconduct; or

                      (f)  who has been invalided from the Naval Services for causes due to misconduct or within his or her control.

               3  Any member of the Military Forces:

                     (a)  who has been, by sentence of court‑martial, discharged with ignominy from His Majesty’s Service or discharged from the Defence Force;

                     (b)  who has been discharged for any of the following reasons:

                              (i)  that he or she had been guilty of misconduct;

                             (ii)  that he or she had made a false answer on attestation;

                            (iii)  that he or she was considered unfit for the duties of his or her corps; or

                            (iv)  that it was considered his or her services were no longer required,

                            and such discharge was, and was entered in Service records as being, on account of misconduct or discreditable service;

                     (c)  who has been discharged for any of the following reasons:

                              (i)  that by reason of numerous convictions he or she is deemed to be incorrigible;

                             (ii)  that he or she has been sentenced during his or her service to penal servitude or imprisonment by a civil court or by a court‑martial; or

                            (iii)  that he or she has been sentenced by a court‑martial to detention for a period of six months or more; or

                     (d)  who has been discharged for any of the following reasons:

                              (i)  that he or she was found to be not suitable for any military service;

                             (ii)  that he or she was considered unsuitable for any further military duty; or

                            (iii)  because his or her services, for any reason considered sufficient by the Military Board, were no longer required,

                            and such discharge was, and was entered in Service records as being, on account of misconduct or discreditable service, or was because he or she had been sentenced to death by a civil court during his or her service.

               4  Any member of the Air Force:

                     (a)  who has been, by sentence of court‑martial, discharged with ignominy from His Majesty’s Service or discharged from the Defence Force; or

                     (b)  whose appointment has been terminated or who has been discharged for reasons designated in the authority for termination of appointment or discharge as disciplinary.

               5  Any other class prescribed by the regulations.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

War Gratuity Act 1945

16, 1945

3 Aug 1945

31 Aug 1945

 

War Gratuity Act 1947

41, 1947

12 June 1947

10 July 1947

as amended by

 

 

 

 

Statute Law Revision Act 1950

80, 1950

16 Dec 1950

First Sch: 31 Dec 1950 (s 2)

Statute Law Revision (Decimal Currency) Act 1966

93, 1966

29 Oct 1966

First Sch: 1 Dec 1966 (s 2(1))

Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986

28, 1986

19 May 1986

Sch: 22 May 1986 (s 2(1) and gaz 1986, No S225)

Social Security (Rewrite) Transition Act 1991

70, 1991

25 June 1991

Sch 3: 1 July 1991 (s 2)

as amended by

 

 

 

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Sch 3 (item 68): 25 June 1991 (s 2(3))

Sex Discrimination Amendment Act 1991

71, 1991

25 June 1991

ss. 5, 6 and 9: 25 June 1993
s. 10: Royal Assent
Remainder: 1 Aug 1991

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 1 (items 506, 507): 21 Oct 2016 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2........................................

am No 41, 1947; No 28, 1986; No 71, 1991

s 4........................................

am No 93, 1966

s 5........................................

am No 93, 1966

 

rep No 71, 1991

s 7........................................

am No 41, 1947; No 71, 1991

s 8........................................

am No 71, 1991

s 9........................................

am No 41, 1947; No 71, 1991

s 10......................................

am No 41, 1947

s 11......................................

am No 71, 1991

s 12......................................

am No 71, 1991

s 13......................................

am No 71, 1991

s 14......................................

am No 41, 1947; No 71, 1991

s 15......................................

am No 71, 1991

s 16......................................

am No 71, 1991

s 17......................................

am No 71, 1991

s 18......................................

am No 41, 1947

s 21......................................

am No 93, 1966; No 71, 1991

s 24......................................

am No 71, 1991

s 25......................................

am No 71, 1991

s 26......................................

am No 71, 1991

s 27......................................

am No 41, 1947 (as am by No 80, 1950); No 93, 1966; No 71, 1991

s 28......................................

am No 28, 1986; No 70, 1991 (as am by No 43, 1996)

s 29......................................

am No 93, 1966; No 61, 2016

s 32......................................

am No 93, 1966; No 61, 2016

s 33......................................

ad No 41, 1947

 

am No 71, 1991

The Schedule.......................

am No 71, 1991