Australian Military Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1946. No. 113.

__________

REGULATIONS UNDER THE DEFENCE ACT 1903-1945.*

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 1903-1945.

Dated this tenth day of July, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

F. M. FORDE

Minister of State for the Army.

________

Amendment Of The Australian Military Regulations.

Pay in lieu of recreation leave to a member or the Permanent Forces who joins an Expeditionary Force.

1. Regulation 472a of the Australian Military Regulations is amended

(a) by inserting in sub-regulation (1), after the word “Commonwealth”, the words “and has embarked for service overseas as a member of a body, contingent or detachment of the Expeditionary Force”; and

(b) by omitting sub-regulation (3) and inserting in its stead the following sub-regulation:—

“(3) The amount which a member may be paid in pursuance of sub-regulation (1) of this regulation shall be an amount equal to the sum of the daily rate of pay and any allowances payable under the Military Financial Regulations at the date of his embarkation for service overseas to a member of his substantive rank in the Permanent Forces (other than the Expeditionary Force).”

 

* Notified in the Commonwealth Gazette on 11th July, 1946.

† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 120; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 123; 1933, Nos. 49 and 77; 1934, Nos. 20 and 80; 1935, Nos. 99 and 109 ; 1930, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 31, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 10, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 80, 85, 114, 160, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 535 and 556; 1943, Nos. 17, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154, and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; and 1946, No. 72.

3285.—PRICE 3D.


Meaning of “pay”.

2. Regulation 480 of the Australian Military Regulations is amended—

(a) by omitting the words “and child endowment,”; and

(b) by omitting the words “the Financial and Allowance Regulations” and inserting in their stead the words “the Military Financial Regulations”.

3. Regulation 481b of the Australian Military Regulations is repealed and the following regulation is inserted in its stead:—

Payment in lieu of furlough to members of the Permanent Forces who have enlisted, &c., in an Expeditionary Force.

“481B.—(1) When a member of the Permanent Forces who has enlisted in, been appointed or transferred to, or seconded for service with, any Expeditionary Force raised for service beyond the limits of the Commonwealth has embarked for service overseas as a member of a body, contingent or detachment of the Expeditionary Force and becomes, during the period of his service in that Expeditionary Force, entitled to furlough pursuant to the provisions of this Division, and the Military Board is of opinion that it is impracticable, owing to the exigencies of the service, to grant him that furlough, he shall he paid in lieu thereof.

(2) The rate of pay at which a member may be paid in pursuance of sub-regulation (1) of this regulation shall be the rate payable under the Military Financial Regulations at the twenty-sixth day of March, 1942, to a member of his substantive rank in the Permanent Forces (other than the Expeditionary Force) at the time at which the Military Board approves of his application for payment, subject to any cost of living adjustment under those Regulations at that time.

(3) For the purposes of this regulation ‘pay’ shall have the same meaning, subject to the last preceding sub-regulation, as it has in regulation 480 of these Regulations.”.

_________________________

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

Overview

The Statutory Rules 1946 No. 113, made under the Defence Act 1903-1945, aim to address issues concerning the pay and allowances of military personnel who join an Expeditionary Force. Enacted by the Governor-General, acting with the advice of the Federal Executive Council, these regulations were issued on 10 July 1946 and came into effect shortly thereafter. They introduce amendments to the Australian Military Regulations to ensure that members of the Permanent Forces who join an Expeditionary Force receive appropriate compensation in lieu of recreational leave and furlough, aligning their entitlements with those of their counterparts in the Permanent Forces. The policy objective is to provide clarity and fairness in the financial compensation provided to military personnel serving in different capacities during wartime.

Scope and Application

The Statutory Rules of 1946, No. 113, which amend the Australian Military Regulations, apply to members of the Permanent Forces who embark for overseas service as part of an Expeditionary Force. Specifically, these regulations address the payment in lieu of recreation leave and furlough for such members, ensuring they receive compensation if furlough is impractical due to service demands. This regulation is intended to provide financial security to service members who are unable to take leave during their deployment. The regulations are made under the Defence Act 1903-1945 and have a Commonwealth-wide reach, impacting military personnel throughout Australia. There are no stated exclusions, exemptions, or thresholds in these regulations, and their application is direct without the need for further extension or restriction through subordinate instruments.

Key Provisions

The Regulations under the Defence Act 1903-1945, specifically amending the Australian Military Regulations, introduce significant changes to the payment structure for members of the Permanent Forces who join an Expeditionary Force. Regulation 472a now includes provisions for members who embark for overseas service, requiring them to be paid in lieu of recreation leave at an amount equal to their daily rate of pay and any allowances as of the date of their embarkation (section 1). Furthermore, Regulation 481B establishes a new framework for paying members in lieu of furlough when it is deemed impracticable to grant furlough due to service exigencies (section 3). These regulations ensure that members are compensated appropriately for their service in an Expeditionary Force. The Regulations impose several obligations on the parties involved, including the requirement for members of the Permanent Forces who join an Expeditionary Force to be eligible for specific payments in lieu of recreation leave and furlough. The Military Board must assess the impracticability of granting furlough and approve payments accordingly. Additionally, the Military Financial Regulations dictate the rates of pay and allowances applicable to these payments, ensuring that members receive compensation based on their substantive rank within the Permanent Forces. Failure to comply with the provisions outlined in these Regulations may result in legal consequences. While the document does not specify explicit offences or penalties, it is clear that adherence to the stipulated payment structures is mandatory. Non-compliance could potentially lead to disciplinary actions or legal disputes, given the statutory nature of the Regulations. The absence of stated penalties suggests that the severity of consequences would be determined by the courts in the event of a breach.

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