Australian Military (Canteens Service) Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE DEFENCE ACT 1903–1941.*
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
Dated this eighth day of September, 1943.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendments of the Australian Military (Canteens Service) Regulations.
(
a ) by inserting before the definition of “Proper Authority” the following definitions:—“‘Australia’ means the Commonwealth of Australia;
‘Commander-in-Chief’ means the officer appointed to command the Military Forces in time of war”;
(
b ) by inserting in paragraph (a ) of the definition of “Proper Authority”, after the word “Board” the words “or a Canteens Service Representative”;(
c ) by omitting paragraph (b ) of that definition and inserting in its stead the following paragraph:—“(
b ) in relation to a Lines of Communication Area Canteens Board, the Commander of the Lines of Communication Area in respect of which the Board is constituted”; and(
d ) by inserting at the end of that definition the following words:—“or, at the discretion of the Commander-in-Chief, in lieu of any officer specified in paragraphs (
a ), (b ) and (c ) of this definition, any officer appointed by him to be a Proper Authority in relation to any specified Board or Representative”,* Notified in the
Commonwealth Gazette on , 1943.Statutory Rules 1942, No. 290.
4287.—Price 8d. 26/12.8.1943.
“3a.—(1.) The Commander-in-Chief may, in relation to any matter or class of matters, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised or performed by the delegate with respect to the matter or class of matters specified in the instrument of delegation.
(2.) Every delegation under this regulation shall be revocable at will and no delegation shall prevent the exercise or performance of any power or function by the Commander-in-Chief.
(3.) Where the exercise of any power or the performance of any function by the Commander-in-Chief under these Regulations, or the operation of any provision of these Regulations, is dependent upon the opinion or belief of the Commander-in-Chief in relation to any matter, that power or function may be exercised or performed by the person to whom that power or function has been delegated by the Commander-in-Chief in pursuance of this regulation, or that provision may operate (as the case may be) upon the opinion or belief of that person in relation to that matter”.
(
a ) by omitting the word “Quartermaster-General” and inserting in its stead the word “Commander-in-Chief”;(
b ) by inserting, after the word “instructions”, the words “of either general or particular application”; and(
c ) by inserting, after the words “in relation to” (second occurring), the words “the exercise of”.
“7.—(1.) There shall be a Central Canteens Control Board which shall consist of—
(
a ) the Controller-General;(
b ) an officer appointed by the Commander-in-Chief;(
c ) the Assistant Controllers-General;(
d ) a person appointed by the Treasurer; and(
e ) if the Minister thinks fit, one other person appointed by the Minister.
(2.) The Controller of the Canteens
Service in each Lines of Communication Area shall be
(3.) The Central Canteens Control Board shall be a body corporate with perpetual succession and a common seal.
(4.) A member of the Board shall not be personally liable for any act of the Board or for any act done by him as a member of the Board
“7a.—(1.) The Controller-General or, in his absence, an Assistant Controller-General, shall preside at meetings of the Central Canteens Control Board.
(2.) At meetings of the Central Canteens Control Board three members shall form a quorum.
(3.) All questions before the Central Canteens Control Board shall be decided by a majority of votes, each member present having one deliberative vote.
(4.) The person presiding at any meeting of the Central Canteens Control Board shall, in the event of an equality of votes, have, in addition, a casting vote”.
(
a ) by omitting from sub-regulation (1.) the word “Quartermaster-General” (first occurring) and inserting in its stead the word “Commander-in-Chief”;(
b ) by inserting after the words “Canteens Service” (first occurring) the words “and with the establishment, maintenance, supervision, management, inspection, administration, control and closing of canteens in Australia or in any overseas theatre of war”;(
c ) by omitting from paragraph (a ) of sub-regulation (1.) the word “District” and inserting in its stead the words “Lines of Communication Area”;(
d ) by omitting paragraph (b ) of sub-regulation (1.) and inserting in its stead the following paragraphs:—“(
b ) appoint a Canteens Service Representative to act as its agent in relation to any particular canteen established, maintained, supervised, managed, inspected, administered, controlled or closed by it, and that Representative shall carry out and observe the directions and instructions of the Central Canteens Control Board accordingly;“(
ba ) with the approval of the Treasurer, borrow moneys from the Commonwealth Bank for the purposes of the Canteens Service”;(
e ) by omitting paragraph (d ) of sub-regulation (1.) and inserting in its stead the following paragraph:—“(
d ) upon such terms and conditions as it determines, grant licences to trade in military camps and to render services therein not catered for by it”; and(
f ) by inserting, after sub-regulation (1.), the following sub-regulation:—“(1a.) The Central Canteens Control Board shall take over and accept any liability which has arisen or shall arise (whether before or after the commencement of these Regulations) from the negotiation by the Commonwealth Bank of Australia in favour of the Australian Defence Canteens Service Central Control Board of drafts, bills of exchange and other negotiable instruments”.
“8a.—(1.) The Central Canteens Control Board may employ such persons, and at such rates of remuneration (not being lower than those fixed by the appropriate industrial award, order or determination), as it thinks fit.
“(2.) Persons employed in pursuance of this regulation shall not be subject to the Civilian Staff Regulations and shall be employed during the pleasure of the Board”.
(
a ) by omitting from sub-regulation (1.) the words “Military District” and inserting in their stead the words “Lines of Communication Area”; and(
b ) by omitting from paragraph (b ) of sub-regulation (2.) the words “District Canteens Board” and inserting in their stead the words “Lines of Communication Area Canteens Board”.
(
a ) by omitting from sub-regulation (l.) the words “Military Board” and inserting in their stead the word “Commander-in-Chief”;(
b ) by omitting from sub-regulation (l.) the words “at Army Head-quarters”; and(
c ) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—“(2.) The Director shall carry out such duties in connexion with the Canteens Service as the Commander-in-Chief, after consulting the Central Canteens Control Board, directs”.
“11.—(1.) Except where
the Commander-in-Chief is of opinion that military exigencies render it
undesirable, there shall, in respect of each Lines of Communication Area in
Australia, be a Board to be known as “[
(
a ) an officer appointed by the Proper Authority;(
b ) the Controller of the Canteens Service in that Lines of Communication Area;(
c ) an officer appointed by the Commander-in-Chief; and(
d ) three private citizens with business experience (one of whom shall be a public accountant) who shall be appointed by the Minister on the recommendation of the Commander-in-Chief.
(2.) The Controller-General shall
be
(3.) The Commander-in-Chief may, if in his opinion the course of military operations renders it desirable, by order direct the dissolution of a Lines of Communication Area Canteens Board as from a date specified in the order, and upon the date so specified—
(
a ) the rights, powers, duties and obligations of that Board under these Regulations shall cease; and(
b ) the Central Canteens Control Board shall take over the management and administration of the Canteens Service in that Lines of Communication Area, and may in the name of that Lines of Communication Area Canteens Board do, execute, perform and enforce all such acts, contracts, matters and things whatsoever which that Board could lawfully have done had it not ceased to exist.
“11a.—(1.) The chairman of a Lines of Communication Area Canteens Board shall be elected by the members from amongst their number as soon as practicable after the commencement of each calendar year.
(2.) At each meeting of a Lines of Communication Area Canteens Board the chairman shall preside, or, in his absence, a member present elected by the other members of the Board present at that meeting.
(3.) At meetings of a Lines of Communication Area Canteens Board three persons present shall form a quorum.
(4.) All questions before a Lines of Communication Area Canteens Board shall be decided by a majority of votes, each member present having one deliberative vote.
(5.) The person presiding at any meeting of a Lines of Communication Area Canteens Board shall, in the event of an equality of votes, have, in addition, a casting vote.
“11b.—(1.) A Lines of Communication Area Canteens Board shall, in exercise of any of its powers and functions under these Regulations, be and act as the agent of, and on behalf of, the Central Canteens Control Board, and be subject to its direction and control accordingly.
(2.) Subject to these Regulations, and to any orders and instructions issued by the Commander-in-Chief, and to any direction by the Central Canteens Control Board, a Lines of Communication Area Canteens Board shall be charged with the establishment, maintenance, supervision, management, inspection, administration, control and closing of Canteens in the Lines of Communication Area in respect of which it is constituted and, in particular, may grant licences to trade in military camps and to render such services therein as are not catered for by that Board upon such terms and conditions as are determined by it.
(3.) Each Lines of Communication Area Canteens Board shall open a bank account with the Commonwealth Bank of Australia or the Commonwealth Savings Bank of Australia or, if the facilities therefor are not available, with such other bank as the Board determines.
(4.) All moneys received by the Board shall be paid to the credit of such bank account:
Provided that moneys received by the Board in places where no banking facilities exist, may be paid to the credit of the Board with a Command Paymaster or his representative.
(5.) All payments by a Lines of Communication Area Canteens Board shall be made by cheque except in the case of petty cash payments, which may be made by means of Imprest Petty Cash Account”.
“12. The Commander-in-Chief may appoint for each Lines of Communication Area in Australia a staff officer for the Canteens Service who shall carry out such duties in connexion with the Canteens Service in that Area as the Commander-in-Chief, after consulting the Central Canteens Control Board, directs”.
(
a ) by omitting from sub-regulation (1.) the word “Quartermaster-General” (wherever occurring) and inserting in its stead the word “Commander-in-Chief”;(
b ) by omitting from sub-regulation (2.) the words “as he is directed to perform by the Overseas Canteens Board” and inserting in their stead the words “as the Proper Authority, after consulting the Overseas Canteens Board, directs”; and(
c ) by omitting sub-regulations (3.) and (4.).
“13a.—(1.) The Chairman, or in his absence a member present at the meeting elected by the members present, shall preside at meetings of an Overseas Canteens Board.
(2.) At meetings of an Overseas Canteens Board such number of members as the Proper Authority determines shall form a quorum.
(3.) All questions put before an Overseas Canteens Board shall be decided by a majority of votes, each member present having one deliberative vote.
(4.) The person presiding at any meeting of an Overseas Canteens Board shall, in the event of an equality of votes, have, in addition, a casting vote.
“13b.—(1.) An Overseas Canteens Board shall, in exercise of any of its powers and functions under these Regulations, be and act as the agent of, and on behalf of, the Central Canteens Control Board, and be subject to its direction and control accordingly.
(2.) An Overseas Canteens Control Board shall have, in respect of the theatre of war for which it is appointed, all the powers, functions, duties and liabilities of a Lines of Communication Area Canteens Board established pursuant to these Regulations”.
“14a.—(1.) The Central Canteens Control Board may appoint a Canteens Service Representative in and for any area in Australia in respect of which a Lines of Communication Area Canteens Board has not been established under these Regulations.
(2.) A Canteens Service Representative shall, in accordance with instructions given to him by the Board, but not otherwise, act as its agent in the establishment, conduct, management and control of canteens established in the area.
(3.) The Proper Authority may appoint a staff officer to assist a Canteens Service Representative in his duties, and the staff officer shall carry out such duties in connexion with the Canteens Service as are allotted to him by the Proper Authority.
“14b. Where, pursuant to the provisions of regulation 14 or 14a of these Regulations, the Central Canteens Control Board has appointed an Overseas Representative or a Canteens Service Representative, the Proper Authority may appoint an advisory committee consisting of such persons as he thinks fit, to advise that Representative on matters relating to the management, administration and control of canteens in the area for which that Representative is appointed”.
(
a ) by omitting from sub-regulation (1.) all the words after the words “liaison officer” to the end of the sub-regulation and inserting in their stead the words “with the Lines of Communication Area Canteens Board of the Lines of Communication Area in which the place is situated, or with a Canteens Service Representative, an Overseas Canteens Board or an Overseas Representative, as the case may be”;(
b ) by omitting from sub-regulation (2.) the words “District Canteens Board” and inserting in their stead the words “Lines of Communication Area Canteens Board, a Canteens Service Representative”; and(
c ) by omitting from that sub-regulation the words “of the Central Canteens Control Board”.
“that bank—
(
a ) for the operations of the Canteens Service to the Central Canteens Control Board or to a Lines of Communication Area Canteens Board or an Overseas Canteens Board on its behalf; or(
b ) to the Central Canteens Control Board to enable that Board to fulfil the obligation imposed on it by sub-regulation (1a.) of regulation 8 of these Regulations”.
(
a ) by omitting the words “, other than a Deputy Quartermaster-General”;(
b ) by omitting the words “a District Canteens Board” and inserting in their stead the words “a Lines of Communication Area Canteens Board”;(
c ) by omitting the words “or, where he has been appointed by the Proper Authority, he may be removed by that Proper Authority” and inserting in their stead the words “or, where he has been appointed by the Commander-in-Chief or by the Proper Authority, he may be removed by the Commander-in-Chief or the Proper Authority, as the case may be”; and(
d ) by adding at the end thereof the following proviso:—“Provided that any person appointed by the Treasurer may not be removed unless the consent of the Treasurer has first been obtained”.
(
a ) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—“(1.) Subject to these Regulations, the forms and financial records to be maintained by the Central Canteens Control Board, each Lines of Communication Area Canteens Board, each Overseas Canteens Board, each Canteens Service Representative, and each Overseas Representative and the financial statements required to be furnished by each, shall be as directed by the Central Canteens Control Board.
(2.) Such financial records shall be audited by a public accountant or firm of public accountants appointed by the Minister.
(2a.) A Profit and Loss Account to the end of each calendar month and an audited Balance-sheet and Profit and Loss Account to the end of each calendar three months shall be furnished, as soon as practicable after the end of the period to which they relate, to the Central Canteens Control Board—
(
a ) in relation to the operations of the Central Canteens Control Board, by the Controller-General;(
b ) by each Lines of Communication Area Canteens Board;(
c ) by each Overseas Canteens Board; and(
d ) by each Canteens Service Representative or each Overseas Representative as directed by the Central Canteens Control Board”; and(
b ) by omitting from sub-regulation (3.) the words “the Military Board and to” and inserting in their stead the words “the Minister, the Commander-in-Chief and”,
“21.—(1.) Subject to regulation 23 of these Regulations—
(
a ) for the purpose of providing for the repayment of any moneys, repayment of which has been guaranteed by the Treasurer under regulation 17 of these Regulations, and of maintaining adequate funds for the operations of the Canteens Service, such proportion (if any) of the profits and surplus funds of the Canteens Service as is determined by the Minister after consultation with the Commander-in-Chief, and with the concurrence of the Treasurer, shall remain undistributed and under the control of the Central Canteens Control Board:Provided that the profits and surplus funds so remaining undistributed may be used in the business of the Canteens Service; and
(
b ) subject to paragraph (a ) of this sub-regulation, the manner of disposal of profits and surplus funds shall be as directed by the Commander-in-Chief, subject to the approval of the Minister as to the general basis of distribution:Provided that—
(i) no amount in excess of such portion of profits and surplus funds available for distribution as is estimated by the Board to have been derived from trading with officers shall be directed to be used or be used for the benefit of officers; and
(ii) no expenditure shall be directed or made from profits or surplus funds for ordinary military requirements or in aid of any religious or philanthropic institution or for any purpose other than the benefit of warrant officers, non-commissioned officers and private soldiers.
(2.) The Central Canteens Control Board shall at any time, if so required by the Commander-in-Chief, furnish to him a certificate showing the profits made by the Canteens Service to a specified date and the profits and surplus funds available at such date to be dealt with in accordance with sub-regulation (1.) of this regulation”.
(
a ) by omitting the words “the Military Board” and inserting in their stead the words “the Commander-in-Chief”;(
b ) by omitting the words “a District Canteens Board or an Overseas Canteens Board”;(
c ) by omitting the words “any such Board” and inserting in their stead the words “the Board”;(
d ) by omitting the words “that Board” and inserting in their stead the words “the Board”; and(
e ) by omitting the words “such members of the Military Forces and the dependants of any deceased members of those Forces in such manner as the Minister directs” and inserting in their stead the words “such members and ex-members of the Military Forces, and such dependants of members, ex-members, or deceased members of the Military Forces, and in such manner, as the trustees in their absolute discretion think fit”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra,
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