STATUTORY RULES.
1930. No. 67.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1927, to come into operation forthwith.
Dated the nineteenth day of June, 1930.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
A. E. GREEN
Minister of State for Defence.
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Amendment of the Australian Military Regulations.
(Statutory Rules 1927 No. 149 as amended to this date.)
Leave without pay during year ending 30th June, 1931.
After regulation 473 of the Australian Military Regulations the following regulation is inserted:—
“473a.—(1.) Notwithstanding anything contained in any regulation under the Defence Act 1903-1927, any member of the Permanent Forces may be ordered on leave of absence from duty by his Commanding Officer, or any other proper Military Authority, for such period or periods during the year ending on the thirtieth day of June, One thousand nine hundred and thirty-one, not exceeding in the aggregate a period of eight weeks, as the Military Board directs, and every member so ordered on leave shall not, in respect of any such period, be entitled to receive, unless and until otherwise directed by the Minister, any pay except so much as is equivalent to the amount which the member is required under section twenty-one of the Superannuation Act 1922-1924 to contribute in respect of that period.
“(2.) Subject to sub-regulation (1) of this regulation, every period in respect of which a member of the Permanent Forces is ordered on leave under that sub-regulation, shall for all purposes be counted as a period of service in the Permanent Forces.”
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By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930 No. 67, made under the Defence Act 1903-1927, were enacted to address a specific financial concern within the Australian military during a period of economic hardship. This legislative instrument, introduced by the Governor-General in accordance with the advice of the Federal Executive Council, aims to manage military personnel leave without pay during the financial year ending 30 June 1931. The policy objective is to provide the Military Board with the authority to order members of the Permanent Forces on leave without pay for up to eight weeks, aligning with the constraints of the Superannuation Act 1922-1924, thereby ensuring that the financial burden on the military is appropriately controlled during this specific period.
Scope and Application
The Regulation under the Defence Act 1903-1927, enacted by the Governor-General in 1930, pertains specifically to members of the Permanent Forces within the Australian Defence Force. It outlines provisions for leave without pay during the fiscal year ending 30 June 1931, allowing Commanding Officers or other military authorities to direct members on leave of absence for up to eight weeks. This regulation applies to all members of the Permanent Forces, ensuring that while on leave, they are not entitled to full pay, except for the superannuation contribution equivalent as mandated by the Superannuation Act 1922-1927. Notably, any period of such leave is still considered a period of service for all relevant purposes. The regulation extends the scope of existing military regulations and is subject to further direction by the Minister, thereby enforcing the stipulations of the Defence Act within the specified timeframe.
Key Provisions
The operative sections of these Regulations under the Defence Act 1903-1927, particularly regulation 473a, provide specific guidance on leave for members of the Permanent Forces. Section 473a(1) states that members of the Permanent Forces may be ordered on leave of absence by their Commanding Officer or another proper Military Authority for up to eight weeks during the year ending 30 June 1931, as directed by the Military Board. Section 473a(2) stipulates that any leave granted under this regulation will be counted as a period of service in the Permanent Forces.
These Regulations impose obligations on both the military authorities and the members of the Permanent Forces. The military authorities, including the Commanding Officers and the Military Board, are required to order leave as directed and ensure that members comply with the leave provisions. Members of the Permanent Forces, on the other hand, must adhere to the leave directives and accept the conditions set forth, including the cessation of pay, except for the superannuation contribution as per the Superannuation Act 1922-1924.
Failure to comply with these Regulations can lead to various consequences. Although the Regulations do not explicitly outline specific offences or penalties, non-compliance with military directives generally can lead to disciplinary action under the Defence Force Discipline Act 1982, which includes penalties such as fines, imprisonment, or other forms of punishment as deemed appropriate by a court-martial or military authority. Furthermore, any breach of the leave provisions may also be considered a breach of service conditions, potentially leading to administrative or service-related penalties.