Australian Military (Canteens Service) Regulations (Cth)

STATUTORY RULES.

1942. No. 290.

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 Defence Act 1903-1941.

Dated this twenty-fifth day of June , 1942.

Deputy of the Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

———

Australian Military (Canteens Service) Regulations.

Citation.

1. These Regulations may be cited as the Australian Military (Canteens Service) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Proper Authority” means—

(a) in relation to the Central Canteens Control Board, the Quartermaster-General or a Deputy Quartermaster-General;

(b)in relation to a District Canteens Board, the General Officer Commanding the Command or the District Commandant of the Military District (as the case requires) in which the Board is constituted;

(c) in relation to an Overseas Canteens Board and an Overseas Representative, the General Officer Commanding the body of the Military Forces in the theatre of war or area in or for which the Overseas Canteens Board is established or the Overseas Representative appointed or an officer authorized in that behalf by General Officer Commanding;

“the Canteens Service” means the Canteens Service established under these Regulations;

“the Controller-General” means the Controller-General of Canteens Services appointed under these Regulations.

* Notified in the Commonwealth Gazette on , 1942.

1709.—Price 5d 20/17.3.1942.

 

Establishment of Canteens Service.

3. There shall be a Canteens Service for the supply within and beyond the Commonwealth of goods and refreshments to, and for the entertainment and recreation of, the members of the Military Forces, prisoners of war and internees, and for such other purposes as the Military Board directs.

Control of Canteens Service.

4. The Canteens Service shall be under the general control of the Quartermaster-General who may issue orders and instructions in relation to the establishment, maintenance, supervision, management, inspection, discipline, conduct, control and closing of canteens, and in relation to the powers, duties, functions and obligations of any Board established under these Regulations and for the purpose of regulating the meetings and the procedure of any such Board.

Controller-General of Canteens Service.

5.—(1.) The Minister may appoint a Controller-General of the Canteens Service who shall hold office during the pleasure of the Minister.

(2.) Subject to these Regulations, the executive authority of the Central Canteens Control Board shall be vested in the Controller-General.

Assistant Controllers-General of Canteens Service.

6.—(1.) The Minister may appoint two Assistant Controllers-General of the Canteens Service who shall hold office during the pleasure of the Minister.

(2.) The Assistant Controllers-General of the Canteens Service shall assist the Controller-General in the discharge of his duties and functions under these Regulations.

Central Canteens Control Board.

7.—(1.) There shall be a Central Canteens Control Board which shall consist of the Controller-General, a Deputy Quartermaster-General nominated by the Quartermaster-General, the Assistant Controllers-General and such other persons as are appointed by the Minister.

(2.) Any person appointed by the Minister to be a member of the Board shall be known as a Special Member of the Board and may attend and vote at any meeting of the Board but shall not otherwise take part in the administration of the Canteens Service.

(3.) An Assistant or Deputy Assistant Quartermaster-General may, if so directed by the Deputy Quartermaster-General who is a member of the Board, represent him and, in his absence, exercise his vote, at any meeting of the Central Canteens Control Board.

(4.) The Central Canteens Control Board may appoint a Secretary who shall have such duties as the Board determines.

Functions of Board.

8.—(1.) Subject to these Regulations, the Central Canteens Control Board shall, subject to the direction of the Quartermaster-General, be charged with the general administration and control of the Canteens Service and, in particular, may—

(a) issue directions and instructions in connexion with the general administration and control of District and Overseas Canteens;

(b)when so directed by the Quartermaster-General, establish, conduct, manage and administer and control any canteen in any area in any Military District in Australia and

 

for that purpose may appoint a Canteens Service representative who shall, in accordance with such instructions as are given to him by the Board, act as its agent in the establishment, conduct, management and administration and control of that canteen;

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

(d)take over and accept any liability arising, or which has arisen (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 of drafts, bills of exchange or other negotiable instruments.

(2.) The Central Canteens Control Board shall open a banking account with the Commonwealth Bank of Australia or the Commonwealth Savings Bank of Australia or, if facilities therefor are not available, with such other Bank as the Board determines, and all monies received by the Board shall be paid to the credit of that banking account. All payments by the Central Canteens Control 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.

Controller of Canteens Service.

9.—(1.) The Minister may appoint in each Military District a Controller of the Canteens Service who shall hold office during the pleasure of the Minister.

(2.) Any such Controller shall—

(a) be subject to the immediate direction of the Central Canteens Control Board;

(b)be the executive authority of the District Canteens Board of which he is a member;

(c) carry into effect or cause to be carried into effect all the resolutions of that Board; and

(d)supervise generally the conduct of the affairs of that Board in accordance with those resolutions.

Director of Canteens Service.

10.—(1.) The Military Board may appoint an officer of the Quartermaster-General’s Branch at Army Head-quarters to be the Director of the Canteens Service.

(2.) Subject to the direction of the Quartermaster-General, the Director shall perform such administrative duties in connexion with the establishment, maintenance, supervision, management, inspection, conduct, discipline, control and closing of canteens as are allotted to him by the Central Canteens Control Board.

District Canteens Boards.

11.—(1.) In respect of each Military District there shall be a Board to be known as the District Canteens Board of [name of the State or Territory in which the greater portion of the Military District is situated] which shall consist of—

(a) A Chairman who shall be an officer appointed by the Proper Authority.

 

(b) The Controller of the Canteens Service in that Military District;

(c) Three representative private citizens with business experience (one of whom shall be a public accountant) who shall be appointed by the Minister upon the recommendation of the Quartermaster-General;

(2.) The Controller-General shall be an ex officio member of each District Canteens Board.

(3.) A District Canteens Board may appoint a Secretary who shall have such duties as the Board determines.

(4.) Subject to these Regulations and to the instructions and orders issued by the Quartermaster-General and to any direction of the Central Canteens Control Board, a District Canteens Board shall be charged with the conduct, management, administration and control of the canteens established, or to be established, in the Military District in respect of which the Board is constituted, other than any canteen established or to be established by the Central Canteens Control Board pursuant to a direction of the Quartermaster-General and, in particular, may grant licences to trade in military camps or to render services therein, not catered for by the District Canteens Board, upon such terms and conditions as are determined by that Board.

(5.) Each District Canteens Board shall open a banking account with the Commonwealth Bank of Australia or the Commonwealth Savings Bank of Australia, or, if facilities therefor are not available, with such other Bank as the Board determines, and all monies received by the Board shall be paid to the credit of such banking account. All payments by a District 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.

Staff officer for Canteens Service.

12. The proper authority in each Military District may appoint a staff officer for the Canteens Service, who shall carry out such duties in connexion with canteens as he is directed to perform by the District Canteens Board in the Military District.

Overseas Canteens Boards.

13.—(1.) On the recommendation of the Quartermaster-General, the Minister may determine that there be established in any overseas theatre of war, an Overseas Canteens Board to be known as the Australian Canteens Board for [name of area for which it is recommended that the Board be established] which shall consist of—

(a)a Chairman and such other officers as are appointed by the proper authority; and

(b)such other persons as the Minister, upon the recommendation of the Quartermaster-General, appoints.

(2.) An Overseas Canteens Board shall have as an executive officer a staff officer appointed by the Proper Authority who shall carry out such duties as he is directed to perform by the Overseas Canteens Board.

(3.) An Overseas Canteens Board shall have all the powers, functions, duties and liabilities of a District Canteens Board established pursuant to these Regulations.

 

(4.) Notwithstanding anything contained in these Regulations, in the administration of the affairs of the Australian Canteens Board for the Middle East (hereinafter called “the Middle East Board”), the following provisions shall apply and be observed by the Central Canteens Control Board and by the Middle East Board, respectively:—

(a) The Central Canteens Control Board shall—

(i) undertake the purchase and shipment of canteen goods overseas in accordance with orders received from the Middle East Board;

(ii) settle with suppliers of goods shipped and charge the net cost thereof, with freight, shipping charges, insurance and any other usual charges, to the Middle East Board;

(iii) charge the Middle East Board a reasonable buying commission to cover administration cost;

(iv) arrange finance for the expenditure contemplated by sub-paragraphs (i) and (ii) of this paragraph pending payment by the Middle East Board;

(v) prescribe for the Middle East Board such terms of payment as the Central Canteens Control Board, having regard to the finance arranged under the last preceding paragraph, deems fit;

(vi) direct the Middle East Board to furnish such accounts of its transactions at such intervals and in such form as the Central Canteens Control Board directs;

(vii) have authority to require the Middle East Board to establish such reserves from profits as the Central Canteens Control Board deems necessary; and

(viii) have authority to make representations to the Middle East Board as to limitation or reduction of stocks carried, or as to reduction or cessation of any credit given or incurred if the stocks carried or credit given or incurred appear to the Central Canteens Control Board likely to prejudice or affect the financial position of the Middle East Board or to be contrary to the general principles governing the conduct of the Canteens Service.

(b) The Middle East Board shall—

(i) subject to these Regulations, have the authority and responsibility for the conduct and administration of the Canteens Service in the Middle East and for the disposal of the profits thereof in such manner in all respects as the Middle East Board deems advisable without control or direction from the Central Canteens Control Board;

 

(ii) keep proper accounts and arrange for internal and external audit of such accounts and regular report thereon to the Central Canteens Control Board by the external auditor;

(iii) make due provision so far as practicable for prompt payment for supplies and of indebtedness in respect of shipments by the Central Canteens Control Board; and

(iv) have regard and furnish replies to representations made by the Central Canteens Control Board in pursuance of sub-paragraph (viii) of the last preceding paragraph;

(c) The Central Canteens Control Board and the Middle East Board shall act in collaboration with, make representations to, and assist each other in all matters in which it appears that such collaboration, representations and assistance will be for the benefit of the Canteens Service and/or the members of the Military Forces; and

(d)In the event of any difference arising between the Central Canteens Control Board and the Middle East Board concerning any of the matters referred to in this regulation, the subject matter thereof shall be referred through the Quartermaster-General to the Minister for his decision.

Overseas Representatives.

14.—(1.) The Central Canteens Control Board may establish canteens outside Australia in areas in respect of which an Overseas Canteens Board has not been established under these Regulations.

(2.) For each area the Central Canteens Control Board may appoint an Overseas Representative who shall, in accordance with instructions given to him by that Board but not otherwise, act as its agent in the establishment, conduct, management, administration and control of canteens established in that area.

(3.) An Overseas Representative may be assisted in his duties by a Staff Officer who shall be appointed by the Proper Authority and who shall carry out such duties in connexion with the Canteens Service as are allotted to him by the proper authority.

(4.) If the Proper Authority thinks fit he may appoint an Advisory Committee of such persons as he determines to advise the Overseas Representative and to assist him in the administration of the Canteens Service in that area.

Camp Canteens Liaison Officer.

15.—(1.) A Camp Commandant in a place where a Canteen is established may appoint an officer to act as liaison officer with the District Canteens Board of the Military District in which the place is situated, or with an Overseas Canteens Board or an Overseas Representative of the Central Canteens Control Board, as the case may be.

(2.) In this regulation, the expression “place” includes any group of adjacent camps with one or more canteens which the District Canteens Board, an Overseas Canteens Board or an Overseas Representative of the Central Canteens Control Board (as the case may be) with the approval of the Proper Authority, directs to be treated as one place.

 

Commanding Officer of soldiers employed in canteens.

16. Where a soldier is employed in a canteen the officer for the time being responsible for the administration of the camp in which the canteen is situated shall for the purposes of regulation 237 of the Australian Military Regulations be deemed to be his Commanding Officer.

Bank guarantee.

17.—(1.) The Treasurer may, for and on behalf of the Commonwealth, guarantee the repayment to the Commonwealth Bank of Australia of any loan, advance or overdraft, including interest and other charges thereon, made or granted (whether before or after the commencement of this regulation) by that Bank to the Central Canteens Control Board for the operations of the Canteens Service.

(2.) Any liability of the Central Canteens Control Board arising, or which has arisen, from the negotiation by the Bank in favour of the Board of drafts, bills of exchange or other negotiable instruments shall be deemed to be a loan, advance or overdraft within the meaning of this regulation.

Removal of members from Boards, &c.

18. Any person, other than a Deputy Quartermaster-General, may be removed from the Central Canteens Control Board, a District Canteens Board, an Overseas Canteens Board or an Advisory Committee by the Minister or, where he has been appointed by the Proper Authority, he may be removed by that Proper Authority, and any vacancy occurring on any such Board or Committee may be filled in like manner as the original appointment was made.

Financial and audit.

19.—(1.) The forms and financial records to be maintained by the Central Canteens Control Board, each District Canteens Board and each Overseas Canteens Board, and the financial statements required to be furnished shall be as directed by the Military Board.

(2.) Such financial records shall be audited by a Public Accountant or a firm of Public Accountants appointed by the Military Board and a Profit and Loss Account shall be furnished to the Controller-General by the Central Canteens Control Board, each District Canteens Board and each Overseas Canteens Board to the end of each calendar month. An audited Balance-sheet and Profit and Loss Account shall be similarly furnished to the end of each three calendar months.

(3.) The Controller-General shall prepare or cause to be prepared to the end of each half year, a Balance-sheet and Profit and Loss Account covering the operations of the Canteens Service in and out of Australia and a copy shall be forthwith forwarded to the Military Board and to the Auditor-General.

Closing canteens.

20. Upon the closing of a canteen, the assets not immediately required shall be realized and the net proceeds of such realization paid to the banking account of the Central Canteens Control Board, the District Canteens Board or the Overseas Canteens Board, as the case may be.

Disposal of profits.

21. The manner of disposal of profits and surplus funds shall be as approved by the Military Board but expenditure shall not be made therefrom for ordinary military requirements, for the use of officers, in aid of any religious or philanthropic institution or for any purpose, other than the benefit of the W.O.’s, N.C.O.’s, and men.

 

Remuneration.

22. The Controller-General, an Assistant Controller-General and any member of any Board or 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, but nothing in this regulation shall—

(a) prohibit payment to the Controller-General, an Assistant Controller-General, or any member of any Board or 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.

23. If at any time the Military Board so directs, all assets under the control of the Central Canteens Control Board, a District Canteens Board or an Overseas Canteens Board shall be realized and the net proceeds of such realization, together with all other funds of any such Board, shall, after payment of all liabilities of that Board, be transferred to trustees to be appointed by the Minister and the funds shall be administered by such trustees for the benefit of such members of the Military Forces and the dependants of any deceased members of those Forces in such manner as the Minister directs.

 

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