Financial and Allowance Regulations for the Military Forces of the Commonwealth (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1904. No. 62.

Commonwealth of Australia.

Department of Defence,

Melbourne, 24th September, 1904.

ADDITION TO THE FINANCIAL AND ALLOWANCE REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH, 1904 (PROVISIONAL), TO COME INTO OPERATION FORTHWITH.

PART II.—PAY OF PERMANENT FORCES.

At end of Section VIII—Good Conduct Badges—add:—

SECTION IX.—FORFEITURE OF PAY.

1. A soldier shall forfeit his pay—

(a)For every day of absence on desertion or without leave.

(b) For every day of confinement in hospital, guard-room, cells, or military or civil prison, while under sentence for an offence awarded by a Civil Court or court-martial, or by his commanding officer.

(c) For every day of confinement in hospital, guard-room, cells, or military or civil prison—

(1) On a charge for an offence of which he is afterwards convicted by a court-martial or by a Civil Court.

(2) On a charge of absence without leave, for which he is afterwards awarded imprisonment by his commanding officer.

(d) For every day on which he is in hospital on account of sickness, certified by the proper medical officer attending on him at the hospital, to have been caused by an offence under the Defence Act and Regulations committed by him.

2.A soldier shall be regarded as absent, or in confinement for one day, within the meaning of para. 1—

(a)When he has been absent without leave, or in confinement for six consecutive hours, whether wholly in one day or partly in one day and partly in another; or

(b) When, owing to his absence without leave, or to his being in confinement, he has been prevented from fulfilling some military duty which was thereby thrown on some other person.

3.If a soldier has been absent or in confinement for one day, as defined in para. 2, and remains absent or in confinement, he shall be regarded as absent or in confinement for an additional day for every period of six hours reckoned as in the above para., provided such period of six hours is in excess of those reckoned as part of the previous day’s absence or confinement, and provided the number of days during which the soldier can be regarded as absent, or in confinement, shall in no case exceed the number of days during the whole or a portion of which the soldier has been absent or in confinement.

 

4.A soldier shall be regarded as being in confinement within the meaning of para. 1 (b)for every day of such confinement, provided that, when a commanding officer’s award of imprisonment is stated in hours, the day on which the confinement commences shall not be regarded as a day of confinement within the meaning of para. 1 (b).

5.A soldier shall not receive pay for the day of his release from prison. A non-commissioned officer reduced for an offence, if previously in imprisonment, shall not receive pay for the day of reduction.

6. A soldier acquitted, or illegally convicted, of a charge, shall, on rejoining for duty, receive full pay from the date on which he was first placed in confinement.

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.