Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 183.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 1903-1939.

Dated this twenty seventh day of August, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations. 

Subdivision of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended—

(a) by omitting the words “Part XI.—Military institutes, messes, quarters, and married soldiers —” and inserting in their stead the words “Part XL—Military institutes, canteens service, messes, quarters and married soldiers —”; and

(b) by inserting, after the words and figures “Division 1.— Military institutes 771-781” the words and figures “Division 1a.—Canteens Service 781a-781w”.

2. After regulation 781 of the Australian Military Regulations the following heading and regulations are inserted:

“Division 1a.—Canteens Service.

Establishment of Canteens Service.

“781a. The Military Board may authorize the establishment in Australia of a Canteens Service for the supply of goods and refreshments to, and for the entertainment and recreation of, the members of the Forces, and for such other purposes as the Military Board directs.

Control of Canteens Service.

“781b. The Canteens Service established in pursuance of the last preceding regulation shall be under the general control of the Quartermaster-General who may prepare and issue orders and instructions, not

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59 and 150.

4700.—25/13.8.1940.—Price 5d.

inconsistent with these Regulations or any other regulations made under an Act, in relation to the establishment, maintenance, supervision, management, inspection, discipline, conduct, control and closing of canteens.

Controller-General of Canteens Service.

“781c.—(1.) The Minister may appoint a Controller-General of the Canteens Service.

(2.) The Controller-General of the Canteens Service shall be responsible to the Quartermaster-General for the management and administration of the Canteens Service and, subject to these Regulations, shall have and may exercise and perform such powers, duties and functions as are allotted to him by that officer in connexion therewith.

Assistant Controller-General of Canteens Service.

“781d.—(1.) The Minister may appoint an Assistant Controller-General of the Canteens Service.

(2.) The Assistant Controller-General of the Canteens Service shall assist the Controller-General of the Canteens Service in the discharge of the functions and duties allotted to him and, in particular, with regard to financial and accountancy matters.

Controller of Canteens Service.

“781e.—(1.) The Minister may appoint in each Military District a Controller of the Canteens Service.

(2.) A Controller of the Canteens Service shall be responsible for the management and administration of the Canteens Service in the Military District in respect of which he is appointed, and where it is necessary to communicate with the Quartermaster-General on matters relating thereto shall so communicate through the Controller-General of the Canteens Service.

(3.) The Controller of the Canteens Service in each Military District shall be subject to the immediate direction of the Controller-General of the Canteens Service.

Director of Canteens Service.

“781f.—(1.) The Military Board may appoint an officer of the Quartermaster-General’s Branch at Army Head-quarters to be Director of the Canteens Service.

(2.) The Director of the Canteens Service shall perform such administrative duties in connexion with the establishment, maintenance, inspection, conduct, discipline and control of canteens as are allotted to him by the Military Board.

District Canteens Board.

“781g.—(1.) The Minister mayappoint, in respect of each Military District, a District Canteens Board which shall consist of—

(a)a Chairman who shall be an officer nominated by the proper authority and appointed by the Minister; and

(b) three representative private citizens with business experience (one of whom shall be a public accountant) who shall be appointed by the Minister.

(2.) The Controller-General of the Canteens Service and the Controller of the Canteens Service in a Military District shall be ex officio members of the District Canteens Board established in that Military District.

(3.) A District Canteens Board may

(a)erect, equip, furnish and improve buildings for the purposes of the Canteens Service;

(b) administer, maintain, supervise, manage, inspect and control such lands and buildings and the canteens conducted therein or thereon;

(c) purchase and sell goods and supplies;

(d) keep accounts, prepare balance-sheets, and engage the necessary clerical assistance; and.

(e) do all such other acts and things as are necessary or expedient for the efficient conduct of canteens within the Military District.

(4.) a District Canteens Board may appoint—

(a) an Executive Committee consisting of two or more of the members thereof for the purpose of directly supervising the executive work; and

(b) a Secretary who shall have such duties as the Board determines.

(5.) The Controller of the Canteens Service shall act as the executive officer of a District Canteens Board and shall be assisted by the Staff Officer for the Canteens Service appointed under the next succeeding regulation.

(6.) A District Canteens Board established in a Military District shall be known as the ‘Australian Defence Canteens Board, of (name of State in which the greater portion of the Military District is situated)’.

Staff Officer for Canteens Service.

“781h. The Military Board may appoint in each Military District 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.

Camp Canteens Liaison Officer.

“781j.—(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.

(2.) In this regulation, the expression, ‘place’ includes any group of adjacent camps with one or more canteens which the District Canteens Board, with the approval of the proper authority, directs to be treated as one place.

Commanding officer of soldiers employed in Canteens.

“781k. Where a soldier is employed in acanteen the officer for the time being responsible for the administration of the camp in which the canteen is situated shall for the purposes of A.M.R. 237 be deemed to be his Commanding Officer.

Regulation of meetings.

“781l.—(l.) Meetings of a District Canteens Board may be convened by the Chairman or the Secretary thereof.

(2.) At any meeting of a District Canteens Board, the Chairman shall have a second or casting vote.

(3.) A District Canteens Board shall meet at least once a month and three days’ notice shall be given to the members of the time and place of any such meeting.

(4.) Subject to these Regulations and to any orders or instructions given by the Military Board, the number of members of a Board necessary to form a quorum, and the procedure to be followed bya Board shall be determined by that Board.

(5.) A resolution in writing signed by all the members of a District Canteens Board shall be as effective as if it had been passed at a meeting of the Board.

Matters in dispute to be referred to Q.M.G.

“781m. If any difference or dispute arises between the Controller-General of the Canteens Service and any District Canteens Board, the matter in dispute shall be referred to the Quartermaster-General for decision.

Removal of member from Board.

“781n. A person may be removed from a District Canteens Board by the Minister, and any vacancy occurring on any such Board may be filled in like manner as the original appointment was made.

Banking of moneys.

“781p—(1.) Each District Canteens Board shall open a banking account in the Commonwealth Bank of Australia or the Commonwealth Savings Bank of Australia or, if no facilities therefor are available, in such bank as the Board determines. Cheques shall be signed by two members of the Board.

(2.) All moneys received in any canteen or otherwise howsoever shall be paid into, or to the credit of, such banking account and 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.

Financial and Audit.

“781q.—(1.) The forms and financial records to be maintained by each District 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 appointed by the Military Board and a Profit and Loss Account shall be furnished to the Controller-General of the Canteens Service by each District Canteens Board to the end of each four weeks. An audited Balance-sheet and Profit and Loss Account shall be similarly furnished to the end of each twelve weeks.

Closing canteens.

“781r. Upon the closing of a canteen, the assets not immediately required shall be realized and the net proceeds of such realization shall be paid to the banking account of the District Canteens Board of the Military District in which the closed canteen was situated.

Disposal of profits.

“781s. The manner of disposal of profits and surplus funds shall be as approved by the Quartermaster-General 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.

“781t. The Controller-General of the Canteens Service, the Assistant Controller-General of the Canteens Service and any member (except a Secretary to a District Canteens Board if a member of that Board) of any Board shall not be entitled to receive any remuneration for any work done by him in relation to the Canteens Service, but nothing in this regulation shall prohibit payment to the Controller-General of the Canteens Service, the Assistant Controller-General of the Canteens Service or any member of any Board his out-of-pocket, expenses reasonably incurred by him in carrying out his duties under those Regulations.

Canteens out of Australia and on troopships.

“781u.—(1.) Subject to the approval or consent of any authority whose approval or consent is necessary, the Military Board may authorize the establishment of canteens in troopships and out of Australia.

(2.) For the purposes of the last preceding sub-regulation, the Minister may appoint, in respect of any troopship or country outside Australia, an Overseas Canteens Board which shall consist of such officers or persons as the Minister determines and which shall have all the powers, functions, duties and liabilities of a District Canteens Board established under A.M.R. 781g.

Dissolution.

“781v. The Military Board may at any time determine that all assets under the control of each District Canteens Board shall be realized and the net proceeds thereof, together with all other funds of such Board, shall be transferred to trustees to be appointed by the Minister and the funds shall be administered by such trustees for the benefit of members of the Forces and their dependants in such manner as the trustees deem most desirable.

Definitions.

“781w. In this Division—

‘Canteen’ moans a canteen established under this Division; and

‘proper authority’, in relation to a District Canteens Board or a canteen, means the General Officer Commanding the Command or the District Commandant of the Military District (as the case requires) in which the Board or Canteen is constituted or situated.”.

 

By Authority: L. F.