FINANCIAL EMERGENCY.

No. 35 of 1932.

An Act to amend the Financial Emergency Acts 1931 and for other purposes.

[Assented to 3rd October, 1932.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1. (1.) This Act may be cited as the Financial Emergency Act 1932

(2.) The Financial Emergency Acts 1931 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Financial Emergency Act 1931-1932.

(4.) The Maternity Allowance Act 1912-1927, as amended by the Principal Act as amended by this Act, may be cited as the Maternity Allowance Act 1912-1932.

(5.) The Invalid and Old-age Pensions Act 1908-1928, as amended by the Principal Act as amended by this Act, may be cited as the Invalid and Old-age Pensions Act 1908-1932.

Commencement.

2. The several sections of this Act, other than sections one and two (which shall commence on the date on which this Act receives the Royal assent), shall commence on such dates as are respectively fixed by Proclamation.

Definitions.

3. Section six of the Principal Act is amended by omitting the definition of “parliamentary office”.

Reduction of sum payable under Ministers of State Act 1917.

4. Section seven of the Principal Act is amended by omitting the words “Eleven thousand eight hundred and fifty-seven pounds ten shillings” and inserting in their stead the words “Ten thousand seven hundred and ten pounds”.

5. Section nine of the Principal Act is repealed, and the following section inserted in its stead:—

Reduction of Parliamentary salaries and allowances.

“9. Notwithstanding anything contained in any Act, the allowances or salaries and allowances which would, but for this Act, have been received annually by any senator or member of the House of Representatives shall be reduced as follows:—

(a) the allowance as a senator or member of the House of Representatives—by twenty-five per centum;

(b) the salary as President of the Senate or Speaker of the House of Representatives—by thirty per centum;

(c) the salary as a Chairman of Committees in either House of the Parliament—by twenty-seven and one-half per centum; and

(d) the allowance as Leader of the Opposition in either House of the Parliament—by twenty-five per centum.”.

General reduction of salaries and wages.

6. Section ten of the Principal Act is amended—

(a) by omitting from paragraph (i) of the proviso to sub-section (1.) the word “and” (second occurring); and

(b) by omitting paragraph (ii) of the proviso to sub-section (1.).

Percentage reduction of salary and wages.

7. Section eleven of the Principal Act is amended—

(a) by omitting from paragraph (i) of the proviso the word “and” (second occurring); and

(b) by omitting paragraph (ii) of the proviso.

Variations in reductions.

8. Section twelve of the Principal Act is amended by omitting the proviso to paragraph (ii) of sub-section (1.).

Powers of Minister.

9. After section twelve of the Principal Act the following section is inserted:—

“12a. Any power of the Minister under this Part to give a direction shall, notwithstanding anything contained in this Part, be exercisable from time to time as the Minister thinks fit”.

10. After section eighteen of the Principal Act the following sections are inserted:—

General reduction of salaries.

“18a.—(1.) Notwithstanding anything contained in this Act, the amount of salary, payment, fee or allowance, to which the provisions of section ten, eleven, sub-section (1.) of section seventeen or section eighteen apply, shall, subject to this section, in addition to the reductions effected by one or more of those sections and that sub-section, be reduced as follows:—

(a) in the case of—

(i) an officer or employee who is not an adult (not being a married male officer or employee); or

(ii) an adult unmarried male officer or employee who is performing duties ordinarily performed by a male officer or employee who is not an adult— by Four pounds per annum;

(b) in the case of an adult female officer or employee—by Five pounds per annum; and

“(2.) In no case shall the total remuneration of any officer or employee be subject, under the foregoing provisions of this section, to more than one reduction.

“(3.) The reductions effected by this section shall not, unless the Minister so directs, apply in respect of any officer or employee stationed outside Australia.

“(4.) Where the salary of an officer or employee was, as on and from the first day of July One thousand nine hundred and thirty-two, reduced in the manner set forth in regulation 106a of the Commonwealth Public Service Regulations, the reduction which shall be made under this section in the salary of that officer or employee shall be such amount (if any) as, with the reduction made in the manner set forth in that regulation, is equivalent to the reduction specified in sub-section (1.) of this section in respect of that officer or employee.

Automatic adjustment of salaries in accordance with cost of living.

“18b.—(1.) The salary of every officer and employee shall, after reduction as provided by sections ten, eleven, sub-section (1.) of section seventeen and by sections eighteen and eighteen a of this Act, be subject to variation in the manner set forth in regulation 106a

(as in force at the commencement of this section) of the Commonwealth Public Service Regulations, which provides for variations in salary based upon index numbers notified in the Gazette by the Commonwealth Statistician.

“(2.) Any variation in salary made under this section shall take effect on the first day of July next following the notification in the Gazette of the index numbers upon which the variation is based, but no variation shall be made in pursuance of this section in consequence of any notification of index numbers prior to the commencement of this section.

“(3.) This section shall not, unless the Minister so directs, apply in respect of any officer or employee stationed outside Australia.

Reduction in salaries of Members of permanent Naval, Military and Air Forces.

“18c. The salaries of members of the permanent Naval, Military and Air Forces, at the rates payable immediately prior to the commencement of this section, shall be subject to reduction to such extent, and in such manner, as are prescribed:

Provided that the amount of reduction under this section in any such salary shall not exceed that which would have been effected under section eighteen a of this Act had that section applied to that salary.”.

Claimants for maternity allowance.

11. Section twenty-nine of the Principal Act is amended by omitting the words “Two hundred and sixty pounds” (wherever occurring) and inserting in their stead the words “Two hundred and eight pounds”.

Definitions.

12. Section thirty-four of the Principal Act is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) by omitting paragraph (d) of the definition of “Income” and inserting in its stead the following paragraph:—

“(d) By way of gift or allowance from the husband, wife, father, mother or children of that person”; and”.

13. After section thirty-four of the Principal Act the following sections are inserted:—

“34a. After section six of the Principal Act the following sections are inserted:—

Delegation by Commissioner.

‘6a.—(1.) A Commissioner may, by writing under his hand, delegate to a Deputy Commissioner all or any of his powers or functions under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the Deputy Commissioner with respect to the matters specified in the instruments of delegation.

‘(2.) Every delegation under this section shall be revocable at will but any delegation shall not prevent the exercise of any power or function by the Commissioner.

Delegation by Deputy Commissioner

‘6b.—(1.) A Deputy Commissioner may, by writing under his hand, delegate to an officer performing any duty under this Act all or any of his powers or functions under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the officer with respect to the matters specified in the instrument of delegation.

‘(2.) Every delegation under this section shall be revocable at will, but any delegation shall not prevent the exercise of any power or function by the Deputy Commissioner by whom the power or function is delegated.’

Necessary conditions for old-age pension.

“34b. Section seventeen of the Principal Act is amended—

(a) by omitting from paragraph (f) the word “and”; and

(b) by inserting after paragraph (f) the following paragraphs:—

‘(fa) he has not, within the period of five years preceding the date of his pension claim, transferred, otherwise than bona fide for value, property of any kind exceeding in value in the aggregate the sum of One hundred pounds:

Provided that if the claimant satisfies the Commissioner that any such transfer of property, though not made for value, was a reasonable gift in the circumstances existing at the time, the claimant shall not, by reason of that transfer, be ineligible for the grant of a pension;’

‘(fb) his relatives, namely, husband, wife, father, mother, or children do not, either severally or collectively, adequately maintain him; and’.

Necessary conditions for invalid pension.

“34c. Section twenty-two of the Principal Act is amended—

(a) by omitting from paragraph (g) the word “and”;

(b) by inserting after paragraph (g) the following paragraph:—

‘(ga) he has not, within the period of five years preceding the date of his pension claim, transferred otherwise than bona fide for value, property of any kind exceeding in value in the aggregate the sum of One hundred pounds:

‘(h) his relatives, namely, father, mother, husband, wife, or children, do not, either severally or collectively, adequately maintain him.’”.

Limit of invalid and old-age pensions.

14. Section thirty-five of the Principal Act is amended—

(a) by omitting from paragraph (a) the words “Forty-five pounds ten shillings” and inserting in their stead the words “Thirty-nine pounds”;

(b) by omitting from paragraph (b) the words “Seventy-eight pounds” and inserting in their stead the words “Seventy-one pounds ten shillings”; and

“; and (c) by inserting at the end thereof the following provisoes:—

‘Provided also that, where the Commissioner or Deputy Commissioner is satisfied that a pensioner or claimant has or will have no income other than a pension and is or will be entirely dependent upon pension granted to him under this Act, the preceding provisions of this sub-section shall be applied as if for the words “Thirty-nine pounds” (wherever occurring) there were substituted the words “Forty-five pounds ten shillings”:

‘Provided further that where by virtue of the provisions of this Act a pensioner or claimant is eligible for a pension at the rate of Thirty-nine pounds per annum and is in receipt of an income less than two shillings and six pence per week the amount of pension may be at such rate as the Commissioner or Deputy Commissioner who determines the claim deems reasonable and sufficient, but so that the amount of the pensioner’s income together with pension shall not exceed Forty-five pounds ten shillings per annum:

‘Provided also that, for the purposes of the last preceding proviso, the income of a person shall be deemed to include any payment by way of gift or allowance from the husband, wife, father, mother or children of that person.’“.

Recommendation by magistrate.

15. Section thirty-six of the Principal Act is amended by omitting the words “Five shillings” (second occurring) and inserting in their stead the words “Three shillings and nine pence”.

Suspension of pension white pensioner in asylum.

16. Section thirty-eight of the Principal Act is amended by omitting the words “Five shillings” (second occurring) and inserting in their stead the words “Three shillings and nine pence”.

Benevolent asylum inmates.

17. Section thirty-nine of the Principal Act is amended by omitting the words “Five shillings” (second occurring) and inserting in their stead the words “Three shillings and nine pence”.

18. After section thirty-nine of the Principal Act the following section is inserted in Part V:—

“39a. After section fifty-two of the Principal Act the following sections are inserted in Part VII:—

Returns of property by pensioners and claimants.

‘52a.—(1.) Every pensioner and every claimant shall, within such time as is prescribed, furnish to the Commissioner the prescribed particulars relating to the real property owned by the pensioner or

claimant or in which he has any estate or interest, and relating to his relatives being husband, wife, father, mother or children as are prescribed.

‘(2.) Any pensioner who fails to comply with the requirements of the last preceding sub-section shall be guilty of an offence and shall, upon conviction, be liable to a penalty not exceeding Fifty pounds and in addition the Commissioner may cancel the pension granted to him.

‘(3.) Any claimant who fails to comply with the requirements of sub-section (1.) of this section shall not, while such failure continues, be entitled to be granted a pension.

Acquisition of property or income to be notified by pensioner.

‘52b.—(1.) Whenever any pensioner acquires property, or earns, derives or receives income the receipt of which affects the amount of pension payable to him under this Act, he shall, within thirty days after the acquisition or receipt thereof, forward notice in writing of the fact to the Deputy Commissioner of Pensions of the State in which he resides.

‘(2.) Any person who fails to comply with the requirements of this section shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding Ten pounds or imprisonment for a period not exceeding one month and shall in addition be liable to refund any amount of pension received by him in excess of the amount to which he would have been entitled had notice been given in accordance with the last preceding sub-section and shall be ineligible to receive a pension during such period, not exceeding two years, as the Commissioner determines.

‘(3.) The Commissioner may sue for and recover in any court of competent jurisdiction any amount which any person is liable to refund under the last preceding sub-section.

Acquisition of property by pensioners.

‘52c.—(1.) Where a pensioner becomes the owner of property (not including the home in which he resides) of a value exceeding Four hundred pounds he shall repay to the Commissioner the amount of pension paid to him after the commencement of this section to the extent by which the value of the property (not including such home) exceeds Four hundred pounds.

‘(2.) Where husband and wife are both pensioners and are not living apart pursuant to any decree, judgment, order or deed of separation, and they or either of them become or becomes the owners or owner of property (not including the home in which they reside) of a value exceeding Eight hundred pounds, they and each of them shall repay to the Commissioner the amount of pension paid after the commencement of this section to them or either of them, to the extent by which the value of the property (not including such home) exceeds Eight hundred pounds.

‘(3.) The Commissioner may sue for and recover in any court of competent jurisdiction any amount repayable to him in pursuance of this section.

Transfers of property of pensioners.

‘52d.—(1.) Every pensioner and every claimant shall execute in such form and within such time as are prescribed an undertaking not to transfer or mortgage any real property or any estate or interest therein except with the prior consent in writing of the Commissioner.

‘(2.) Any pensioner who fails to execute an undertaking as required by or under this section shall be guilty of an offence and shall be liable on conviction to a penalty not exceeding Fifty pounds and in addition the Commissioner may cancel the pension granted to him.

‘(3.) Any claimant who fails to execute an undertaking as required by or under this section shall not be entitled, while the failure continues, to be granted a pension.

‘(4.) Any person who accepts a mortgage or transfer of real property or of any estate or interest therein from a pensioner without the prior consent in writing of the Commissioner shall be guilty of an offence.

Penalty: One hundred pounds.

‘(5.) Any transfer or mortgage effected in contravention of this section or in breach of any undertaking given under this section shall be void and of no effect.

Recovery of pension on death of pensioner

‘52e.—(1.) Upon the death of a pensioner and upon the death of a person who, after the commencement of this section, ceased to be a pensioner, the amount of pension paid to the pensioner or person after the commencement of this section, and not repaid to the Commissioner under the foregoing provisions of this Part shall be a debt due to the Commonwealth in priority to all other debts and liabilities of the pensioner (except encumbrances existing, prior to such commencement, upon real property of the pensioner) and shall be recoverable by the Commissioner in any court of competent jurisdiction.

‘(2.) The amount of any debt due to the Commonwealth in pursuance of this section shall, subject to such encumbrances as are specified in the last preceding sub-section, upon the death of the pensioner be a first charge upon his estate, and the Commissioner may for the purposes of satisfying any such charge, apply to any court of competent jurisdiction for an order for the sale and disposition of the property comprised in the estate and for the disposal of the net proceeds of any such sale or disposition, and any such court shall have jurisdiction to make any such order.

‘(3.) Where both husband and wife are pensioners, and are not living apart pursuant to any decree, judgment, order or deed of separation, the provisions of this section shall not apply until the death of the survivor of them and thereupon those provisions shall apply so that the aggregate amount of pension paid after the commencement of this section to both husband and wife shall be the amount of the debt and charge created by this section.

Deductions from recoverable amounts.

‘52f. Notwithstanding the foregoing provisions of this Act, there shall be deducted from the amount recoverable by the Commonwealth under section fifty-two c or fifty-two e of this Act, the amount contributed, either voluntarily or compulsorily, by any relative of the pensioner in pursuance of section fifty-two m of this Act towards the cost of the pension of the pensioner.

Payment in satisfaction of charge.

‘52g. Where a pensioner, or any person on behalf, or out of the estate, of a pensioner pays to the Commonwealth any amount in respect of which a charge is created by section fifty-two e of this Act the charge shall to the extent of the amount paid be deemed to be satisfied.

Transfers of property to other pensioners.

‘52h. Notwithstanding anything contained in this Act, where the interest in any property, being the home or household effects of a pensioner, passes upon his death to a relative being the widow, widower, father or mother or a child, sister or brother of the pensioner who—

(a) is a pensioner; or

(b) was permanently residing with the pensioner at the date of his death and, being a male, is not less than sixty years of age, or being a female, is not less than fifty-five years of age and is in the opinion of the Commissioner in necessitous circumstances,

the satisfaction of any charge to which the property is subject under this Act shall, in the case of a person to whom paragraph (a) applies, and may, in the case of a person to whom paragraph (b) applies, be deferred until the death of the transferee:

Provided that, where the transferee is the widow or widower of the pensioner, this section shall not apply if the pensioner and the wife or husband of the pensioner (as the case may be) were immediately prior to the death of the pensioner living apart pursuant to any decree, judgment, order, or deed of separation.

Exemption.

‘52j. There shall be exempted from the realization of any property of any pensioner for the purpose of satisfying a charge created by this Act such personal effects as prescribed of a value not exceeding Fifty pounds, and such other property of a value not exceeding Fifty pounds, as the Commissioner determines.

Application of Insurance moneys.

‘52k. Where a pensioner’s house is destroyed by fire the Commissioner may, notwithstanding any charge imposed by this Act upon that house, consent to any insurance moneys received in respect of such destruction, being used for the purpose of building a home in which the pensioner may reside.

Liability of persons having control of property subject to a charge or liability.

‘52l. Where any person has the receipt control or disposal of any money or other property of a pensioner and the money or other

property is subject to a charge, or the pensioner is subject to a liability under this Act, the person shall be subject to the following provisions:—

(a) He shall as and when required by the Commissioner apply the money or other property in satisfaction of the charge or liability.

(b) He is hereby authorized and required to retain from time to time out of any money or other property which comes to him on behalf of a pensioner or as part of the estate of a deceased pensioner so much as is sufficient to satisfy the charge or liability.

(c) He is hereby made personally liable for the satisfaction of any such charge or liability out of any such money or other property of which he has the receipt, control or disposal; and

(d) He is hereby indemnified for all payments which he makes in pursuance of this section.

Relatives maybe required to contribute to support of claimant or pensioner.

‘52m.—(1.) In order to ascertain whether or not any of the relatives (namely, the husband, wife, father, mother, or children over twenty-one years of age) of a pensioner are able and ought to contribute towards the cost of the pension of the pensioner; a Deputy Commissioner may, from time to time, send by post a notice to every such relative requiring him, within the time limited in the notice, to make a proposal in writing for a voluntary contribution towards such cost, or furnish in a prescribed form a declaration as to his means and ability.

‘(2.) If within the time specified in the notice the relative makes a proposal for such a voluntary contribution, the Deputy Commissioner shall consider it, and if he is of opinion that the proposal (as originally made or as subsequently amended with the consent of the Deputy Commissioner) is fair in all the circumstances, he may, with or without requiring the relative to furnish a declaration as to his means and ability, accept from the relative an undertaking in writing in the prescribed form to pay to the Deputy Commissioner during the continuance of the pension, at the rates specified in the undertaking, a voluntary contribution towards the cost of the pension, and thereafter, so long as the relative continues to contribute at those rates, the following provisions of this section shall not apply in relation to any contribution by that relative towards the cost of that pension, unless and until a further notice is sent to the relative in accordance with the last preceding sub-section.

‘(3.) If—

(a) the relative does not, within the time limited in the notice, make either a proposal or a declaration in accordance with sub-section (1.) of this section; or

(b) no proposal for a voluntary contribution has been made by the relative, or any proposal made has not been accepted by the Deputy Commissioner,

any Justice of the Peace may, on the complaint of the Deputy Commissioner or of any person thereto authorized by him, issue a summons calling upon the relative to show cause to some convenient court of summary jurisdiction, constituted by a Magistrate, why the relative should not be ordered to contribute towards the cost of the pension of the pensioner.

‘(4.) Any such Magistrate shall have and may exercise all the powers exercisable by a court of summary jurisdiction in the State or Territory in which the relative is resident.

‘(5.) The onus of proving that a person summoned under this section is not a relative of the pensioner shall be on the person so summoned.

‘(6.) Any summons issued under sub-section (3.) of this section may be served in the manner provided by the law of the State or Territory in which the summons is issued for the service of summonses in proceedings in a court of summary jurisdiction in that State or Territory.

‘(7.) When any such relative has been summoned in pursuance of this section, unless he satisfies the court that, having regard to his means and the cost of supporting others dependent upon him and to any allowance which the court is satisfied the relative will make towards the maintenance of the pensioner without any order being made under this section, he cannot afford to contribute towards the cost of the pension of the pensioner, or that for special reasons it would be unjust to require him to contribute towards such cost, the court may make an order against him to pay into court at such times as the court may fix, until otherwise ordered by a Magistrate, any sum or sums not exceeding in the whole the cost of the pension of the pensioner, and all sums so paid into court shall be paid by the Clerk of the court into the Consolidated Revenue Fund.

‘(8.) The court may make an order against any relative or relatives although it may appear that other relatives may also be liable under this section to contribute towards the cost of the pension of the pensioner.

‘(9.) Any person against whom an order for the payment of money is made under this section may apply to the court for an order, reducing the amount payable under the first-mentioned order, or quashing or setting aside the first mentioned order and the court may, upon such application, make such order as it thinks just.

‘(10.) The applicant for an order under the last preceding subsection shall, not less than fourteen days before the application is heard, give notice thereof in writing to the Deputy Commissioner in the State in which the application is made.

‘(11.) Any order under this section for the payment of money shall be enforceable by a Deputy Commissioner from time to time by distress for the recovery of any amount at any time due under the order.

‘(12.) Where any amount due under any order made under this section is not recovered upon distress being levied, the person against whom the order was made may be summoned to appear before the court and unless he satisfies the court that he is without means to comply with the order he may be ordered to pay a fine not exceeding Fifty pounds or to be imprisoned for a period not exceeding three months.

‘(13.) A court shall hear in camera any case arising under this section.’”.

19. After section fifty-two of the Principal Act the following section is inserted:—

Amendment of Wine Export Bounty Act 1930-1081.

“52a.—(1.) The Wine Export Bounty Act 1930-1931, as amended by this section, may be cited as the Wine Export Bounty Act 1930-1932.

“(2.) Section four of the Wine Export Bounty Act 1930-1931 is amended—

(a) by inserting in sub-section (2.), after the word “sixty-two”, the letter “A”;

(b) by inserting in sub-section (6.), after the word “shall”, the words “, subject to this section,”; and

‘(6a.) The amount payable under the last preceding sub-section from the Consolidated Revenue Fund to the credit of the Trust Account established in pursuance of this section shall not, in the financial year commencing on the first day of July One thousand nine hundred and thirty-two, or in any subsequent financial year, exceed Ninety-six thousand pounds.’

“(3.) Section six of the Wine Export Bounty Act 1930-1931 is amended by adding at the end thereof the following proviso:—

‘Provided also that, if it appears that in any financial year there will not be sufficient money available in the Trust Account to pay the full bounty in respect of all the claims, the rate of bounty payable under this section, as amended by section fifty-two of the Financial Emergency Acts 1931, shall be reduced proportionately, and the bounty may be paid by progress payments as prescribed.’“.

20. After section fifty-three of the Principal Act the following section is inserted:—

Temporary suspension of gold bounty payments.

“53a.—(1.) Notwithstanding anything contained in the Gold Bounty Act 1930-1931 and the last preceding section, no amount of bounty payable under that Act shall be distributed, under paragraph (b) of section eight of that Act, to producers of gold in respect of gold produced by them after the thirtieth day of September One thousand nine hundred and thirty-two and prior to the date of publication of a notice in pursuance of the next succeeding subsection.

“(2.) If at any time the Minister is satisfied—

(a) that the price, in the currency of the United Kingdom, of fine gold at His Majesty’s Royal Mint, London, does not exceed Five pounds per ounce; and

(b) that the price, in Australian currency, of fine gold at the Melbourne branch of His Majesty’s Royal Mint, does not exceed Five pounds ten shillings per ounce,

he shall, by notice published in the Gazette, so certify.

“(3.) If at any time, after the publication in the Gazette of a notice in pursuance of the last preceding sub-section, the Minister is satisfied—

(a) that the price, in the currency of the United Kingdom, of fine gold at His Majesty’s Royal Mint, London, exceeds Five pounds per ounce; or

(b) that the price, in Australian currency, of fine gold at the Melbourne branch of His Majesty’s Royal Mint, exceeds Five pounds ten shillings per ounce,

he shall, by notice published in the Gazette, so certify, and thereupon no amount of bounty payable under that Act shall be distributed, under paragraph (b) of section eight of that Act; to producers of gold in respect of gold produced by them after the date of the Gazette in which any such notice is published and on or before the date of the Gazette in which is published a further certificate by the Minister in pursuance of the last preceding sub-section.”.