Financial and Allowance Regulations (Amendment)

Overview

Statutory Rules 1919 No. 155, made under the Defence Act 1903-1918, was enacted to address the need for amendments to financial and allowance regulations for Australian Military Forces and Senior Cadets following the conclusion of the First World War. The enactment was signed by the Governor-General in Council, acting on the advice of the Federal Executive Council, and came into operation immediately upon its issuance on 19 June 1919. The policy objective underpinning these regulations is to ensure that the financial and allowance provisions for military personnel are appropriately adjusted in the post-war period, extending certain provisions until 31 December 1919 and allowing for payment under specific conditions for members of Militia Staffs whose training camps have not been held. These regulations seek to clarify and extend the scope of financial support and allowances for military personnel, ensuring that they receive necessary payments and benefits during a transitional period following the cessation of hostilities. The detailed amendments outlined in the regulations aim to provide flexibility and support to the military and cadet forces as they adapt to the new post-war circumstances, reflecting the need for a structured and supportive financial framework to aid in their continued service and welfare.

Scope and Application

The Statutory Rules of 1919, No. 155, made under the Defence Act 1903-1918, pertain to the amendment of financial and allowance regulations for the Australian Military Forces and Senior Cadets. These regulations specifically address the payment of allowances and financial provisions for military personnel during and after the period of the war, extending until 31 December 1919. They apply to members of the Australian Military Forces and Senior Cadets, including their staff, and encompass financial and allowance-related conduct and transactions. The regulations are applicable nationally, as they are made under Commonwealth legislation. The scope of these regulations includes adjustments to various sections of the Financial and Allowance Regulations, such as regulations 76a, 81a, 81b (b), 81d, 84a, 87a, 87b, 93 (h), and 338, to reflect the extended period of allowance eligibility. Additionally, provisions regarding the payment of allowances for members of Militia Staffs in circumstances where regular training camps are not held are also included, contingent on the Minister’s approval.

Key Provisions

The main operative sections of these regulations, as stated in section 1, involve amending specific provisions of the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Section 1(1) extends the period for certain financial and allowance provisions until 31 December 1919 by inserting the words "and until the 31st December, 1919" after "during the period of the War" in several regulations (76a, 81a, 81b (b), 81d, 84a, 87a, 87b, 93 (h), and 338). Section 1(2) modifies sub-regulation (c) of regulation 130 to allow members of Militia Staffs to receive payment if ordinary camps of training are not held, provided they receive approval from the Minister and adhere to certain conditions. Section 1(3) similarly alters sub-regulation (2) of regulation 345 to permit members of Militia Staffs to receive payment under the same conditions. These regulations impose obligations on parties such as the members of Militia Staffs and the Minister. Members of Militia Staffs must apply for and receive approval from the Minister to be eligible for payment if the ordinary camps of training are not held, as per the amendments in sections 1(2) and 1(3). The Minister, on the other hand, has the authority to approve or deny such payment applications. Both sections 1(2) and 1(3) further stipulate that any payment made must comply with the provisions of sub-regulation (b) of regulation 130. In terms of consequences for non-compliance, the regulations do not explicitly outline specific offences or penalties for breaching their provisions. However, given the context and the authoritative nature of statutory regulations, failure to adhere to these provisions might lead to administrative or disciplinary actions as per the Defence Act 1903-1918 or other relevant laws. The absence of explicit penalties in these regulations suggests that any breaches would likely be handled under the broader legislative framework governing military and defence matters in Australia.