STATUTORY RULES.
1934. No. .
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REGULATIONS UNDER THE DEFENCE ACT 1903-1932.
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 1903-1932.
Dated this twentyfirst day of February, 1934
(Sgd.) ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
JOS. FRANCIS
For Minister of State for Defence.
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Australian Military Regulations.
(Statutory Rules 1927, No. 149, as amended to this date.)
(Amendments.)
1. Regulation 294a is repealed and the following regulation substituted:—
“294a. (1) There may be deducted from the pay (due or to become due) of a member the amount, or any part or share of the amount, of any loss or damage suffered or expense incurred by the Commonwealth, if the Military Board, after investigation, are of the opinion that the loss, damage or expense has been occasioned by the member’s neglect of duty or failure to observe any provision of the D.A. or of any regulation made under the D.A. or any lawful order or instruction on the part of the member alone or with any other person.
(2) This regulation shall not apply to any loss, damage or expense which could have been the subject of an order for payment by a court martial by which the member has been tried or to any loss, damage or expense which has been the subject of a fine under A.M.R. 256 (2) (f) or of an award for payment of a sum of money under A.M.R. 268 (4) (v).”
2. Regulation 820 (1) is amended by inserting, next after paragraph (e), the following provisos:—
“Provided that—
(i) the continuous period for which a member may be granted leave on full pay immediately prior to his retirement or discharge shall not exceed 52 weeks; and
2780.—Price 3d.
(ii) a further credit of leave shall not accrue to a member subsequent to the date of the decision to effect his retirement or discharge; and
(iii) notwithstanding anything contained in this paragraph, a member shall not be entitled to leave beyond the day on which he reaches the age for his retirement or discharge.”
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra,
Overview
The Australian Military Regulations, enacted in 1934 under the Defence Act 1903-1932, address several administrative and disciplinary aspects of the military, including financial deductions for negligence and leave entitlements. These regulations were introduced by the Governor-General in accordance with the Federal Executive Council and aim to provide a structured approach to handling military personnel's conduct and compensation. The policy objective is to ensure accountability and orderly administration within the military framework, reinforcing discipline and proper financial management among members. The regulations amend and substitute existing provisions to adapt to evolving needs while maintaining a balance between discipline and fairness within the military community.
Scope and Application
The Australian Military Regulations made under the Defence Act 1903-1932, as amended, apply to members of the Australian Defence Force and govern their conduct, entitlements, and responsibilities. These regulations cover various aspects including disciplinary measures, financial deductions, and leave entitlements. The regulations apply to all members of the Defence Force, including officers and enlisted personnel, and are enforced across the Commonwealth of Australia. Regulation 294a specifies that financial deductions can be made from a member's pay if the Military Board determines that the member's neglect of duty or failure to comply with Defence Act provisions or lawful orders has caused loss, damage, or expense to the Commonwealth, provided such matters have not already been adjudicated by a court martial or through other specific military regulations. Regulation 820(1) addresses leave entitlements, imposing a cap of 52 weeks for leave granted on full pay prior to retirement or discharge, prohibiting further accrual of leave post-decision, and ensuring that leave does not extend beyond the member's retirement or discharge date. These regulations do not extend to losses, damages, or expenses that have already been ordered by a court martial or awarded under specific military regulations. The application and enforcement of these regulations may be further detailed in subordinate instruments or directives issued under the authority of the Defence Act.
Key Provisions
The Australian Military Regulations, as amended by the Statutory Rules of 1934, introduce specific provisions regarding deductions from military pay and leave entitlements. Under Regulation 294a(1), deductions can be made from a member's pay for losses or damages caused by their neglect of duty or failure to comply with any provision of the Defence Act 1903-1932, or any regulations or lawful orders made under the Act, unless these losses have already been addressed by a court martial or a fine or award has already been made under other regulations. Regulation 294a(2) further specifies that this provision does not apply to losses, damages, or expenses that could have been subject to a court martial order or have already been subject to a fine or award.
These regulations impose obligations on military members to adhere to their duties and the provisions of the Defence Act and associated regulations. They must avoid actions that result in losses or damages to the Commonwealth. In addition, Regulation 820(1) imposes specific limitations on leave entitlements. Members are restricted to a maximum of 52 weeks of leave on full pay before their retirement or discharge, with no further credit of leave accruing after the decision to retire or discharge is made. Moreover, members are not entitled to leave beyond the day they reach the age for retirement or discharge.
Failure to comply with these provisions may result in financial penalties. Specifically, Regulation 294a outlines that deductions can be made from a member's pay for losses or damages caused by their neglect of duty. However, the Regulations do not explicitly state penalties for breaches of the leave entitlement provisions under Regulation 820(1). The primary consequence of non-compliance with these provisions appears to be financial, through deductions from pay, rather than explicit criminal or civil penalties.