Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES.

1939. No. 82.

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 thirteeth day of August, 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

Amendments of the Military Financial Regulations.  

Definitions.

1. Regulation 3 of the Military Financial Regulations is amended—

(a) by omitting the definition of “Formation, &c., Commander” and inserting in its stead the following definitions:—

“‘Formation, &c.’ means the whole of the officers and soldiers belonging or attached to a command, cavalry division, infantry division or mixed brigade, and includes a military district.

‘Formation, &c., Commander’ means the commander of a formation, &c., and includes the Commandant of the Royal Military College of Australia.”;

(b) by inserting in the definition of “Command Headquarters”, next after the words “Head-quarters of a”, the words “Command or of a”; and

(c) by inserting, after the definition “Receiver of Public Moneys”, the following definition:—

“‘the Defence Act’ means the Defence Act 1903-1939 and, if that Act is at any time amended, includes the Act as so amended.”.

Other ranks, Permanent Forces.

2. Regulation 38 of the Military Financial Regulations is amended—

(a) by inserting after the words “shall be” the words “in accordance with the following Table:—”; and

(b) by inserting in paragraph (d)of the Table, after the word “Cook,” the word “Butcher,”.

* Notified in the Commonwealth Gazette on  , 1939.

  Statutory Rules 1935, No. 83, as amended by Statutory Rules 1935, Nos. 102 and 123; 1936, Nos. 1, 32, 62, 75, 98, 111, 122, 144 and 158, 1937, Nos. 1, 22, 29, 42, 71, 76, 96 and 113; 1938, Nos. 11, 15, 45, 76, 89, 96, 98 and 122.

3895.—25/25.7.1939.—Price 5d.

 

Militia staff officers’ rates of pay.

3. Regulation 132 of the Military Financial Regulations is amended—

(a) by omitting sub-regulation (i) and inserting in its stead the following sub-regulations:—

“(i) The rate of pay per annum for an officer of the Militia Forces who holds an appointment specified in the following table shall be the amount specified in the second column of that table opposite the appointment which he holds:—

Appointment.	Rate per annum.
£
Divisional Commander.........................................................................................	250
Mixed Brigade Commander..................................................................................	90
District Bandmaster (2nd and 3rd Military Districts)..............................................	100

(ia) The rate of pay per whole-day for an officer of the Militia Forces who holds an appointment specified in the following table shall be the rate specified in the second column of that table opposite the appointment which he holds:—

Appointment.	Rate per whole-day.
£	s.	d.
Cavalry or Infantry Brigade Commander...............................................................	2	5	0
Divisional Artillery Commander...........................................................................	2	5	0
Chief Engineer of a Military District.....................................................................	2	5	0
Assistant Director of Medical Services of a Division..............................................	2	5	0
Judge Advocate-General.......................................................................................	2	5	0
Commander Royal Australian Engineers of a Military District................................	1	17	6
Assistant Director of Works..................................................................................	1	17	6
Assistant Director of Supply and Transport............................................................	1	17	6
Assistant Director of Supply.................................................................................	1	17	6
Assistant Director of Transport.............................................................................	1	17	6
Deputy Judge Advocate-General...........................................................................	1	17	6
Assistant Director of Veterinary Services (Cavalry Division)..................................	1	17	6
Deputy Assistant Director of Medical Services......................................................	1	10	0

(ib) The rate of pay per whole-day for an officer of the Militia Forces who holds one of the following appointments shall be the rate for an officer of his rank specified in regulation 134 of these Regulations:—

Assistant Director of Medical Services other than of a Division.

Inspector of Dental Services at Army Head-quarters.

Inspector of Pharmaceutical Services at Army Head-quarters.

Director of Hygiene.

Assistant Director of Hygiene.

Deputy Assistant Director of Veterinary Services.

(ic) The rate of pay per whole-day for an officer of the Militia Forces who holds one of the following appointments shall be the rate for an officer of his rank specified in regulation 134 of these Regulations, provided that the rate of pay shall not in any case exceed that prescribed for the rank of Major:—

General Staff Officer, 2nd Grade.

Deputy Assistant Adjutant-General.

Deputy Assistant Quartermaster-General.

Brigade Machine Gun Officer.

Deputy Assistant Director of Engineer Stores.

Deputy Assistant Director of Supplies.

Deputy Assistant Director of Transport.

Deputy Assistant Director of Ordnance Services.

Deputy Assistant Director of Works.

Deputy Assistant Director of Hirings.

(id) The rate of pay per whole-day for an officer of the Militia Forces who holds one of the following appointments shall be the rate for an officer of his rank specified in regulation 134 of these Regulations, provided that the rate of pay shall not in any case exceed that prescribed for the rank of Captain:—

General Staff Officer, 3rd Grade.

Staff Captain.

Staff Officer for Reconnaissance (Head-quarters, Divisional Artillery).

Divisional Gas Officer.

Orderly Officer to Formation, &c., Commander.”;

(b) by omitting from the table in sub-regulation (iii) the columns headed “No. of Days Annually” and “Maximum Amount Payable Annually”;

(c) by inserting after sub-regulation (iii) the following sub-regulation:—

“(iiia) Subject to provision being made by Parliament, the number of days in respect of which pay may be issued in each financial year to any officer holding an appointment specified in sub-regulation (ia), (ib),(ic), (id) or (iii) of this regulation shall be as approved by the Military Board.”;

(d) by omitting sub-regulation (iv) and inserting in its stead the following sub-regulations:—

“(iv) Payments under this regulation shall be made quarterly in arrear in the months of September, December, March and June.

(iva) Regulations 140 and 141 of these Regulations shall not apply to any officer holding an appointment specified in this regulation.”;

(e) by omitting from sub-regulation (v) the words “annual rate of pay” and inserting in their stead the words “total amount payable in the financial year concerned”; and

(f) by omitting sub-regulation (vi).

4. Regulation 134 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Militia rates of pay.

“134. (i) The rate of pay per whole-day for a member of the Militia Forces, except as otherwise prescribed in regulation 132 of these Regulations in relation to the appointments specified therein, shall be the rate of pay specified in the second column of the following table opposite the rank or appointment which the member holds:—

Rank or Appointment.	Rate per whole-day.
£	s.	d.
Colonel..............................................................................................................	2	5	0
Lieutenant-Colonel.............................................................................................	1	17	6
Major.................................................................................................................	1	10	0
Captain..............................................................................................................	1	2	6
Lieutenant (including bandmaster holding an honorary commission).....................	0	15	0
Brigade or Regimental Sergeant-Major, Quartermaster Sergeant, Bandmaster (Warrant Officer Class 1)..................................................................................................................	0	12	0
Squadron, Battery, Troop, or Company Sergeant-Major, Bandmaster (Warrant Officer Class II.), Farrier, Master Tailor, Sergeant Cook.............................................................	0	11	0
Squadron, Battery, Troop or Company Quartermaster-Sergeant, Orderly-room Sergeant, Sergeant Artillery Clerk, Farrier, Collar-maker, Wheeler or Saddler Sergeant, Sergeant Artificer Artillery, Mechanist Sergeant, Pay Sergeant...................................................................	0	10	6
Sergeant, Pioneer, Signalling, Transport, Tailor, Armourer, or Band Sergeant and Sergeant Trumpeter.....................................................................................................................	0	10	0
Lance Sergeant...................................................................................................	0	9	6
Corporal, Armourer, Band, Farrier, Signalling, or Pay and Orderly-room Corporal, or Bombardier	0	9	0
Trooper, Gunner, Sapper, Signalman, Driver, Private............................................	0	5	0

(ii)The rate of pay per whole-day for a member of the Militia Forces who holds an appointment as Adjutant, Assistant Adjutant, Quartermaster or Assistant Quartermaster shall be the rate prescribed in sub-regulation (i) of this regulation for the substantive or equivalent substantive rank of the member who holds the appointment.

(iii)Subject to provision being made by Parliament, the number of days in each financial year and the nature of the duty in respect of which pay may be issued to any member or class of members specified in sub-regulation (i) of this regulation shall be as approved by the Military Board.”.

Repeal of regulations 135 and 136.

5. Regulations 135 and 136 of the Military Financial Regulations are repealed.

6. Regulation 137 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Staff of Militia units— conditions of pay.

“137. (i) Payment, other than for camps of continuous training, of the rates prescribed shall not be made to a member of a militia staff not holding an appointment specified in regulation 132 of these Regulations, unless—

(a) a certificate is issued by his commanding officer that his duties have been performed with efficiency for the period in respect of which pay is claimed; and

(b) his Formation, &c., Commander approves.

(ii)There shall be deducted from the pay of a member of a militia staff, who is absent with leave for a continuous period of more than one month, an amount computed on the basis of one-twelfth of the total amount payable in the financial year concerned for each month of absence:

Provided that, for the purposes of this regulation, pay allocated for continuous training shall not be included in the total amount payable in any financial year, and no deduction shall be made in respect of the first month of absence unless payment for that mouth is made to another member for performing the duties of the member who is absent.

(iii) The appointments which, for the purposes of this regulation, are to be deemed to be on a militia staff shall be as approved by the Military Board.”.

Provision for camp pay.

7. Regulation 140 of the Military Financial Regulations is amended by omitting from sub-regulation (i) the word “prescribed” and inserting in its stead the words “approved by the Military Board”.

Payment in arrear of pay and peace training allowance.

8. Regulation 141 of the Military Financial Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) For camps of continuous training, the amounts earned shall be paid on the last day of the camp:

Provided that—

(i) Payment may be made either in camp or on return to home stations at the discretion of the Formation, &c., Commander; and

(ii) where a camp is of longer duration than six days an interim payment may be made, at the discretion of the Formation, &c., Commander, at the conclusion of the first six days of the camp.”.

Army Service Corps.

9. Regulation 142 of the Military Financial Regulations is repealed.

Regimental tailor.

10. Regulation 142a of the Military Financial Regulations is amended by omitting the words “for a period not exceeding sixteen days per annum” and inserting in their stead the words “for such number of days as is approved by the Military Board”.

Horse allowance— Militia Forces.

11. Regulation 164 of the Military Financial Regulations is amended—

(a) by omitting, from paragraph (i), the words “provided that the total amount paid to an officer or soldier in any one year shall not exceed £4, except on the approval of the Military Board when annual training exceeds sixteen days” and inserting in their stead the following proviso:—

“Provided that payment shall not be made in respect of any day in excess of the number of days approved by the Military Board in pursuance of sub-regulation (iii) of regulation 134 of these Regulations.”; and

 

(b) by omitting, from paragraph (v), the words “The total amount payable to an officer in any one financial year under the provisions of this sub-regulation shall not exceed £12 per annum except on the approval of the Military Board when the annual training exceeds sixteen days” and inserting in their stead the words “Payment under this paragraph shall not be made for a greater number of days than is approved by the Military Board in pursuance of sub-regulation (iii) of regulation 134 of these Regulations”.

12. Regulation 184 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Field allowance and rations.

“184. (i) A senior cadet officer who—

(a) with the approval of a formation, &c., commander attends a camp of continuous training with a unit of the Militia Forces; or

(b) attends the annual camp of the school detachment to which he is attached,

may be paid field allowance at the rate prescribed in regulation 186 for an officer of equal rank in the Military Forces,

(ii) A senior cadet officer who, with the approval of a formation, &c., commander, attends a camp of continuous training with a unit of the Militia Forces may be granted free rations under the conditions applicable to officers of that unit.”.

Officers’ allowance.

13. Regulation 184a of the Military Financial Regulations is amended by omitting sub-regulation (i) and inserting in its stead the following sub-regulation:—

“(i) Subject to this regulation and to provision being made by Parliament, allowances at the following rates may be paid to each senior cadet officer within the authorized establishment:—

Major or Captain.........................................	£7 per annum
Lieutenant..................................................	£5 per annum
Cadet Lieutenant.........................................	£3 per annum:

Provided that an officer who serves for portion of a year may be paid, for each complete month of service rendered, an allowance of one-twelfth of the rate specified in this regulation for his rank.”.

Allowances to school detachments.

14. Regulation 185 of the Military Financial Regulations is amended—

(a) by omitting from paragraphs (a) and (b) of sub-regulation (i) the words “Ten shillings” and inserting in their stead the words “Fifteen shillings”; and

(b) by omitting paragraph (e) of sub-regulation (iii) and inserting in its stead the following paragraph:—

“(e) rations, civilian labour, fuel, light, water, sanitation, straw, expense stores and any other services in connexion with the annual camp held by the detachment expenditure for which is approved by the Military Board.”.

15. Regulation 193 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Allowances.

“193. (i) Subject to this regulation, a member of the Militia Forces who attends, for not less than ten working days, a school or course of instruction (not being a course of instruction at the Command and Staff School or under section 21Aof the Defence Act) shall be paid for each day of his attendance an allowance equal to the daily rate of pay prescribed for his rank or appointment in regulation 134 of these Regulations.

(ii) Subject to this regulation, an officer of the Militia Forces who attends, for not less than six working days, a course of instruction at the Command and Staff School or under section 21a of the Defence Act shall be paid for each day of his attendance an allowance equal to the daily rate of pay prescribed for his substantive rank in regulation 134 of these Regulations:

Provided that, for the purposes of this sub-regulation, the substantive rank of a Formation, &c., Commander shall be deemed to be that of Colonel.

(iii) Subject to this regulation, a cook of the Militia Forces (or a private soldier of the Militia Forces who is being trained for appointment as a cook) who attends, for not less than ten working days, a course of instruction in cookery, shall be paid for each day of his attendance, in addition to the allowance prescribed in sub-regulation (i) of this regulation, an allowance at the rate prescribed for special duty pay in regulation 155 of these Regulations.

(iv) The allowances prescribed in sub-regulations (i) and (iii) of this regulation shall not, unless with the approval of the Military Board, be paid to any member of the Militia Forces for attendance at more than two schools or courses of instruction in any financial year.

(v) An allowance shall not be paid under this regulation to any member whose work is reported upon unfavourably by the chief instructor of the school or course of instruction concerned, or in respect of any day in excess of the total number of working days authorized by the Military Board for the school or course of instruction.

(vi) Notwithstanding anything contained in this regulation, in the case of a member of the Militia Forces who—

(a) is evacuated from a school or course of instruction through illness;

(b) is permitted to leave a school or course of instruction for reasons of urgency arising during its progress; or

(c) is unable to report at the commencement of a school or course of instruction owing to reasons beyond his control,

and is thus prevented from attending for the prescribed number of working days, the Military Board may approve of payment to the member of allowances in accordance with this regulation for the actual number of working days attended if the chief instructor of the school or course reports favorably upon the member’s work, and—

(i) in the case of absence through illness, the member produces a medical certificate;

 

(ii) in the case of absence for a cause other than illness specified in this sub-regulation, the member produces documentary evidence as to the cause of his absence.”.

16. If at any time since the twenty-eighth day of November, 1938, and prior to the commencement of these Regulations an allowance was paid to a member of the Militia Forces in respect of attendance at a school or course of instruction specified in regulation 193 of the Military Financial Regulations, the amount so paid shall be adjusted so as to bring it into conformity with the provisions of the last preceding regulation.

 

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