WAR SERVICE ESTATES ACT 1942 WAR SERVICE ESTATES ACT 1942 - TABLE OF PROVISIONS 1. Short title [see Note 1] 2. Commencement [see Note 1] 4. Interpretation 5. Application of Act 6. Authorised person 7. War service estates--how dealt with 8. Disposition of property to operate as discharge 9. Exemption of Commonwealth from liability 10. Payments to Public Trustee or Curator of Intestate Estates 11. Application of estate where no person beneficially entitled thereto 12. Attachment of war service Estate 13. Medals 14. Decorations 15. Regulations WAR SERVICE ESTATES ACT 1942 - LONG TITLE An Act relating to the Estates of Deceased Members of the Defence Force, and for other purposes WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 2 Commencement [see Note 1] This Act shall come into operation on the day on which it receives the Royal Assent. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 6 Authorised person The Minister may, by instrument in writing, appoint any person to be an authorized person for the purposes of this Act. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - SECT 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. WAR SERVICE ESTATES ACT 1942 - NOTES Compilation Information War Service Estates Act 1942 Act No. 57 of 1942 as amended This compilation was prepared on 18 October 2000taking 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 WAR SERVICE ESTATES ACT 1942 - NOTES WAR SERVICE ESTATES ACT 1942Notes 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 1972Ss. 29 and 36: 1 July 1978Part IX (ss. 52, 53): 18 Dec 1987Remainder: 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. WAR SERVICE ESTATES ACT 1942 - NOTES 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