STATUTORY RULES.
1933. No. 86.
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, to come into operation as from 23rd May, 1933.
Dated this twelfth day of July, 1933.
ISAAC A. ISAACS
Governor-General
By His Excellency’s Command,
G. F. PEARCE
Minister of State for Defence.
Regulations for Civilian Staff (other than Government Factories) under Defence Act, Section 63.
(Statutory Rules 1926, No. 209, as amended to date.)
Amendments.
1. Regulation 117b of the Civilian Staff Regulations is repealed, and the following regulation inserted in its stead:—
“117b.—(1.) Where the Commonwealth Statistician notifies in the Gazette the retail price index number for the six State capital cities of the Commonwealth for the twelve months preceding the first day of January in any year, commencing with the twelve months preceding the first day of January, One thousand nine hundred and thirty-three, and the index number so notified is less than one thousand six hundred and seventy-two or more than one thousand seven hundred and forty-four, salary payable in pursuance of the provisions of regulations 116,117, and 117a of these Regulations shall be varied in the following manner:—
(i) In the case of officers under twenty-one years of age—
by increase or decrease of Three pounds per annum in respect of each forty-eight points or portion thereof by which respectively the index number exceeds one thousand seven hundred and forty-four or is less than one thousand six hundred and seventy-two.
(ii) In the case of adult female officers—
by increase or decrease of Four pounds per annum in respect of each forty-eight points or portion thereof by which respectively the index number exceeds one thousand seven hundred and forty-four or is less than one thousand six hundred and seventy-two.
2174.—Price 3d.
(iii) In the case of adult male officers—
by increase or decrease of Six pounds per annum in respect of each forty-eight points or portion thereof by which respectively the index number exceeds one thousand seven hundred and forty-four or is less than one thousand six hundred and seventy-two.
(2.) Any variation made in pursuance of the last preceding sub-regulation shall take effect on the first day of July next following the notification in the Gazette of the index number, and shall continue in force for a period of twelve months.
(3.) In this regulation index number means the Harvester-all-items index number (‘D’ series) published in the Gazette by the Commonwealth Statistician as being the retail price index number ascertained in respect of food, groceries, housing (rent of houses of four or five rooms only), clothing and miscellaneous expenditure combined.”
2. Regulation 117c is repealed.
3. Regulation 117d is repealed.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1933 No. 86, enacted by the Governor-General in Council under the Defence Act 1903-1932, introduces regulations concerning civilian staff salaries, effective from 23rd May 1933. This legislative instrument addresses the need to adjust the salaries of civilian staff in response to variations in the retail price index. The policy objective, as outlined in the regulations, is to ensure that salary adjustments are made in accordance with the cost of living, as reflected by the index number notified by the Commonwealth Statistician. The regulations detail how salary adjustments should be calculated and applied, considering the index number and categorising adjustments for different groups of staff, including those under twenty-one years of age and adult male and female officers. The adjustments are intended to take effect from the first day of July following the notification of the index number and remain in force for a period of twelve months.
Scope and Application
The Regulations for Civilian Staff (other than Government Factories) under the Defence Act 1903-1932 apply to civilian staff within the Commonwealth, specifically those covered under sections 63, 116, 117, 117a, and 117b of the Act. These regulations govern salary adjustments based on the retail price index number for the six State capital cities, as notified by the Commonwealth Statistician in the Gazette. The scope extends to officers under twenty-one years of age, adult female officers, and adult male officers, with different adjustment rates applicable to each category. The regulations are designed to ensure that salary variations reflect changes in the cost of living, with adjustments taking effect on the first day of July following the notification of the index number and remaining in force for twelve months. The regulations are applicable nationally, covering all civilian staff employed under the Defence Act within the Commonwealth of Australia. There are no stated exclusions or exemptions within the regulations themselves, although broader exclusions may be implied under the overarching Defence Act. The application of these regulations may be further extended or restricted through subordinate instruments or subsequent amendments to the Defence Act.
Key Provisions
The Regulations for Civilian Staff (other than Government Factories) under the Defence Act 1903-1932, as detailed in Statutory Rules 1933 No. 86, introduce significant amendments to the existing salary adjustment mechanisms based on the retail price index. Specifically, Regulation 117b (sub-section 1) introduces a new process for adjusting the salaries of civilian staff, contingent on the retail price index number published by the Commonwealth Statistician. This index number, known as the Harvester-all-items index (D series), pertains to a combination of food, groceries, housing, clothing, and miscellaneous expenditure. The regulation stipulates that if the index number falls below 1,672 or exceeds 1,744, the salaries of civilian staff will be adjusted. The adjustments vary depending on the age and gender of the officer, with increases or decreases of £3, £4, or £6 per annum for each 48-point deviation from the baseline index number of 1,708 (the midpoint between 1,672 and 1,744). These adjustments will take effect on the first day of July following the publication of the index number and remain in effect for a period of twelve months.
These Regulations impose specific obligations on civilian staff employed under the Defence Act, requiring them to be aware of the index number published by the Commonwealth Statistician and the potential for salary adjustments based on this number. The Regulations necessitate that employers of civilian staff ensure that the appropriate salary adjustments are made in a timely manner, as specified in the Regulations. Employers must also ensure that any variations in salary are communicated to the affected staff members effectively and that records are maintained to demonstrate compliance with the statutory requirements.
Failure to comply with the provisions of these Regulations can lead to significant consequences. Although the exact nature of these consequences is not specified within the text, it can be inferred that non-compliance could potentially lead to legal actions under the Defence Act 1903-1932. The penalties for such breaches could include fines or other civil penalties, depending on the severity and intent behind the non-compliance. Additionally, in cases of significant breaches, criminal charges might be applicable, leading to prosecution and potential imprisonment. However, the specific penalties are not detailed within the provided text, and further investigation into the Defence Act and related legal frameworks would be necessary to ascertain the precise legal ramifications.