Australian Military (Canteens Service) Regulations (Amendment) (Cth)

STATUTORY RULES.

1947. No..

REGULATIONS UNDER THE DEFENCE ACT 1903-1945.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1945.

Dated this thirteenth day of June, 1947.

W. J. McKell.

Governor-General.

By His Excellency’s Command,

(Sgd.) Victor Johnson.

Minister of State for the Army.

 

Amendments of the Australian Military (Canteens Service) Regulations.

Definitions.

1. Regulation 2 of the Australian Military (Canteens Service) Regulations is amended—

(a) by omitting the definition of “Commander-in-Chief”; and

(b) by omitting the definition of “Proper Authority” and inserting in its stead the following definition:—

“‘Proper Authority’ means—

(a) in relation to the Central Canteens Control Board or a Canteens Service Representative, the Military Board; and

(b) in relation to an Overseas Representative, the General Officer Commanding the body of the Military Forces in the area in or for which the Overseas Representative is appointed or an officer authorized in that behalf by the General Officer Commanding,

or, at the discretion of the Military Board, in lieu of any officer specified in paragraph (b) of this definition any officer appointed by it to be a Proper Authority in relation to the Central Canteens Control Board or any specified representative;”.

Establishment of Canteens Service.

2. Regulation 3 of the Australian Military (Canteens Service) Regulations is amended by omitting the word “Commander-in-Chief” and inserting in its stead the words “Military Board”.

Delegation by Military Board.

3. Regulation 3a of the Australian Military (Canteens Service) Regulation is amended—

(a) by omitting from sub-regulation (1.) of that regulation the words “The Commander-in-Chief may, in relation to any matter or class of matters, by writing under his hand,

 

* Notified in the Commonwealth Gazette on , 1947.

  Statutory Rules 1942, No. 290, as amended by Statutory Rules 1943, No. 227; 1945, No. 180; and 1946, No. 112.

3309.—Price 3d. 10/2.6.1947.

 

delegate all or any of his powers” and by inserting in their stead the words “The Military Board may, in relation to any matter or class of matters, delegate all or any of its powers”; and

(b) by omitting from sub-regulations (2.) and (3.) of that regulation the word “Commander-in-Chief” (wherever occurring) and inserting in its stead the words “Military Board”.

Control of Canteens Service.

4. Regulation 4 of the Australian Military (Canteens Service) Regulations is amended —

(a) by omitting the words “Commander-in-Chief who” and inserting in its stead the words “Military Board which”; and

(b) by omitting all the words from and including the words “of any Board” to the end of the regulation and inserting in their stead the words “the Central Canteens Control Board and for the purpose of regulating the meetings and the procedure of that Board”.

Central Canteens Control Board.

5. Regulation 7 of the Australian Military (Canteens Service) Regulations is amended—

(a) by omitting from sub-paragraph (b) of sub-regulation (1.) the word “Commander-in-Chief” and inserting in its stead the words “Military Board”; and

(b) by omitting sub-regulation (2.) of that regulation.

Functions of Board.

6. Regulation 8 of the Australian Military (Canteens Service) Regulations is amended by omitting sub-regulations (1.) and (1a.) of that regulation and inserting in their stead the following sub-regulations:—

“(1.) Subject to these Regulations and to any directions of the Military Board, the functions and responsibilities of the Central Canteens Control Board shall be—

(a) to control the funds of the Canteens Service and to allocate from time to time to the Director or to any Overseas Representative, advisory committee or Canteens Service Representative so much of the funds of the Canteens Service as the Board in its discretion considers necessary for the administration and conduct of such part of the Canteens Service as is the responsibility of the person or committee to whom the allocation is made;

(b) to advise the Director of the Canteens Service on matters referred by him to the Board or otherwise brought to its notice;

(c) to operate on any bank account opened by the Board or by the Director or any Overseas Representative, Advisory Committee or Canteens Service Representative;

(d) with the approval of the Treasurer, to borrow moneys from the Commonwealth Bank of Australia for the purposes of the Canteens Service;

(e) to negotiate drafts, bills of exchange and other negotiable instruments with the Commonwealth Bank of Australia;

(f) to delegate to the Controller-General or to the Assistant Controllers-General, or any of them, or to any Advisory Committee, Overseas Representative or Canteens Service Representative, such of its powers and duties as it considers necessary or advisable;

(g) to require the Director or any Advisory Committee or any Overseas Representative or Canteens Service Representative to furnish such statements of account or other information concerning the conduct, administration or finance of the Canteens Service, or any part thereof, as it considers necessary or advisable; and

(h) to report to the Minister as it considers advisable upon any matter arising out of or in any way connected with the operation, administration or functions of the Canteens Service.

“(1a.) For the purposes of sub-regulation (1.) of this regulation, ‘funds’ means—

(a) moneys deposited with or otherwise owing by the Commonwealth Government or any Department thereof;

(b) moneys in hand or at credit of any fixed deposit or current account with any bank; or

(c) drafts, bills of exchange and other negotiable instruments,

but does not include stock in trade, plant, machinery, book debts, other property rights of action, claims or demands appertaining to or arising out of the conduct of the Canteens Service, unless and until they are converted into money.”.

Controller of Canteens Service.

7. Regulation 9 of the Australian Military (Canteens Service) Regulations is repealed.

Director of Canteens Service.

8. Regulation 10 of the Australian Military (Canteens Service) Regulations is amended by omitting the word “Commander-in-Chief” (wherever occurring) and inserting in its stead the words “Military Board”.

Repeal of certain regulations.

9. Regulations 11, 11a, 11b, 12, 13, 13a and 13b of the Australian Military (Canteens Service) Regulations are repealed.

Overseas Representatives.

10. Regulation 14 of the Australian Military (Canteens Service) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The Central Canteens Control Board may establish canteens in areas outside Australia.”.

Canteens Service Representatives in Australia.

11. Regulation 14a of the Australian Military (Canteens Service) Regulations is amended by omitting from sub-regulation (1.) all the words from and including the words “in respect of which” to the end of the sub-regulation.

Camp Canteens Liaison Officer.

12. Regulation 15 of the Australian Military (Canteens Service) Regulations is repealed.

Bank guarantee.

13. Regulation 17 of the Australian Military (Canteens Service) Regulations is amended by omitting from sub-regulation (1.) all the words from and including the words “by that bank—” to the end of

the sub-regulation, and inserting in their stead the words “by that bank for the operations of the Canteens Service to the Central Canteens Control Board”.

14. Regulation 18 of the Australian Military (Canteens Service) Regulations is repealed and the following regulation inserted in its stead:—

Removal of members of Board or an advisory committee.

“18. Any person may be removed from the Central Canteens Control Board or an Advisory Committee by the Minister, or, where he has been appointed by the Military Board or the Commander-in-Chief or by the Proper Authority, he may be removed by the Military Board or the Proper Authority, as the case may be:

Provided that any person appointed by the Treasurer shall not be removed unless the consent of the Treasurer has been first obtained.”.

Financial and audit.

15. Regulation 19 of the Australian Military (Canteens Service) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “each Lines of Communication Area Canteens Board, each Overseas Canteens Board,”;

(b) by omitting from sub-regulation (2a.) paragraphs (b) and (c); and

(c) by omitting from sub-regulation (3.) the words “Commander-in-Chief” and inserting in their stead the words “Military Board”.

Closing canteens.

16. Regulation 20 of the Australian Military (Canteens Service) Regulations is amended by omitting all the words from and including the words “, the Lines of Communication Area” to the end of the regulation.

Disposal of profits.

17. Regulation 21 of the Australian Military (Canteens Service) Regulations is amended—

(a) by omitting the word “Commander-in-Chief” (wherever occurring) and inserting in its stead the words “Military Board”;

(b) by inserting in paragraph (b) of sub-regulation (1.), before the word “Board” (second occurring), the words “Central Canteens Control”;

(c) by inserting after paragraph (b) of sub-regulation (1.) the following paragraph:—

“(ba) the Military Board may direct to be paid to the Unit War History Trust Fund established under the Military Financial Regulations from any fund or funds under the control, administration or direction of the Military Board and comprising distributions made or to be made from the profits and surplus funds of the Canteens Service such amount or amounts as the Military Board directs, but not exceeding in respect of any one Unit the amount contributed by that Unit to the Unit War History Trust Fund from its regimental fund;”;

(d) by omitting from paragraph (d) of that sub-regulation the words “paragraphs (a),(b) and (c)” and inserting in their stead the words “paragraphs (a), (b), (ba) and (c)”; and

(e) by inserting in the proviso to that paragraph, before the word “Board”, the words “Central Canteens Control”.

Remuneration.

18. Regulation 22 of the Australian Military (Canteens Service) Regulations is repealed and the following regulation inserted in its stead:—

“22.—(1.) Except as provided in this regulation, the Controller-General, an Assistant Controller-General, and any member of the Central Canteens Control Board or an advisory committee shall not be entitled to receive from the funds of the Canteens Service any remuneration for any work done by him in relation to the Canteens Service.

“(2.) There may be paid from the funds of the Canteens Service to the Controller-General and the Assistant Controllers-General such remuneration (if any) for their services after the first day of October, 1946, as the Minister directs.

“(3.) Nothing in this regulation shall—

(a) prohibit payment to the Controller-General, an Assistant Controller-General, or any member of the Central Canteens Control Board or an advisory committee of his out-of-pocket expenses reasonably incurred by him in carrying out his duties under these Regulations; or

(b) affect the payment of appropriate military pay to any officer or other member of the Forces to whom there have been allotted duties in connexion with the Canteens Service.”.

Dissolution.

19. Regulation 23 of the Australian Military (Canteens Service) Regulations is amended by omitting the word “Commander-in-Chief” and inserting in its stead the words “Military Board”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.