Military Forces of the Commonwealth Regulations (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1904. No. 80.

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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Defence Act 1903, should come into immediate operation, and make the Regulations to come into operation forthwith, as Provisional Regulations.

Dated this 13th day of December, One thousand nine hundred and four.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

J.W. McCAY.

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Amendment of the Regulations for the Military Forces of the Commonwealth, 1904.

Part V.

Cancel paragraphs 217 and 218, and substitute the following therefor:—

217. When either the amount of the loss or the cost of structural repairs exceeds £5,the matter will at once be reported to the District Commandant, and will be investigated by a Board to be composed, if possible, of officers not belonging to the unit or department concerned.

(a)If, after considering the finding of the Board, the District Commandant is of opinion that the loss is due to neglect of duty, or to any other offence under the Act or Regulations, he will, in the case of an officer, apply to Head-Quarters for instructions, or in other cases either convene a Court-Martial, or apply to Head-Quarters for authority to allow the individual responsible to pay the whole or part of the loss, instead of being tried by Court-Martial, or of being removed from his appointment, or from the Service.

 

(b)If the District Commandant is of opinion that the loss is not due to an offence under the Act or Regulations, but that no satisfactory explanation has been given, he will report to Head-Quarters whether he recommends that the individual responsible should be allowed to pay the whole or part of the loss, or be superseded in promotion, or removed from his appointment.

(c)If the District Commandant is of opinion that a satisfactory explanation has been given, he will approve of the stores being struck off, provided that the expenditure involved comes within the aggregate amount that is authorized to be incurred per month under paragraph 5 of the Financial and Allowance Regulations. If an expenditure be involved in excess of such aggregate amount, reference should be made, through the proper channel, to the Minister. The value of the stores struck off is to be shown in the monthly schedule of expenditure incurred by the District Commandant.

218. When neither the amount of the loss nor cost of structural repairs exceeds £5, the superior officer of the individual responsible will make a full inquiry into all the circumstances and report thereon to the District Commandant, who may, if he see fit, dispense with a Board.

All losses due to theft or fraud will be dealt with as prescribed in paragraph 217 for losses of over £5; but in other cases the District Commandant may if he sees fit, deal with the matter himself, allowing the individual responsible to pay the whole or part of the loss, or giving authority to strike it off. Should he deal with the case himself, a full statement of the circumstances, with his decision thereon, will be attached as a voucher to the account on which the loss arises.

 

By Authority: J. Kemp, Acting Government Printer, Melbourne.