STATUTORY RULES.
1919. No. 213.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
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 1903-1918, to come into operation forthwith.
Dated this twentieth day of August, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
Acting Minister of State for Defence.
Amendment of Financial and Allowance Regulations.
Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets are amended as follows:—
(1) Regulation 57 is amended by deleting the words “Defence Force” and substituting in lieu thereof the words “Permanent Forces”.
(2) Regulation 332 is repealed and the following regulation made in lieu thereof:—
332. A member of the permanent forces on discharge on account of having been found medically unfit for further service, or on completion of the term of service for which he enrolled (and if on the married roll, his wife and unmarried children who are dependent on him) may be provided with free rail, steamer, or coach transport to the place of his enlistment or in lieu thereof, transport to any other place within the Commonwealth, provided that the cost of such transport does not exceed the cost of transport to place of enlistment.
The cost of conveyance of the furniture and effects in possession of members transported under this regulation will not be borne by the Department.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1919, No. 213, titled "Regulations Under the Defence Act 1903-1918," were enacted by the Governor-General in Council, following advice from the Acting Minister of State for Defence. This legislative instrument addresses amendments to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, providing clarity and updating provisions concerning transport entitlements for members of the Permanent Forces upon discharge. The policy objective of these regulations is to ensure that members of the military who are medically discharged or have completed their term of service are provided with appropriate transport arrangements to their place of enlistment or another location within the Commonwealth, ensuring their safe and efficient transition out of service.
These regulations are a response to the need to provide practical support to service members in their post-service life, ensuring that the financial and logistical arrangements are clear and equitable. By specifying the conditions under which transport can be provided and clarifying the term "Permanent Forces," the regulations aim to streamline the process and ensure that members and their dependents are not unduly burdened by the costs associated with their return to civilian life.
Scope and Application
The Statutory Rules 1919 No. 213, made under the Defence Act 1903-1918, provide amendments to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, specifically addressing the transport provisions for members of the Permanent Forces. These regulations apply to members of the Permanent Forces and their dependents, such as their spouses and unmarried children, who are reliant on them. The geographic reach of these regulations is national, encompassing the entire Commonwealth of Australia. The regulations allow for the provision of free rail, steamer, or coach transport to the place of enlistment or to any other location within the Commonwealth, provided the cost of such transport does not exceed the cost to the place of enlistment. Notably, these regulations do not cover the cost of transporting the members' furniture and effects. While the primary legislation and these regulations cover the specified allowances, there are no exclusions, exemptions, or thresholds explicitly stated within the text. However, the application of these provisions may be further detailed or restricted by any subordinate instruments made under the authority of the Defence Act 1903-1918.
Key Provisions
The key operative sections of these Regulations under the Defence Act 1903-1918 (C1919L00213) pertain to the amendment of financial and allowance regulations for the Australian Military Forces and Senior Cadets. Regulation 57 is altered to replace the term "Defence Force" with "Permanent Forces" (Reg 57). Moreover, Regulation 332 is repealed and replaced with a new provision, which allows for the provision of free rail, steamer, or coach transport to a member of the permanent forces upon their discharge due to medical unfitness or completion of their service term, or to their dependent family members (Reg 332). The transport can be to the place of enlistment or another location within the Commonwealth, provided the cost does not exceed that of the transport to the enlistment place. It is crucial to note that the Department will not bear the cost of transporting the member’s furniture and effects (Reg 332).
These Regulations impose several obligations on the relevant parties. Firstly, the Department must provide the specified transport arrangements for eligible members and their dependents (Reg 332). This includes determining the cost-effective transport options and ensuring the member's relocation is facilitated within the prescribed financial limits. Additionally, the Department is not responsible for the costs associated with the transportation of the member’s personal belongings (Reg 332).
There are no explicit offences, penalties, or civil/criminal consequences outlined in these Regulations for breaches. However, failure to comply with the stipulated transport provisions could result in administrative or procedural repercussions, such as disputes over the cost of transport or eligibility for the benefit. It is important for the Department to adhere strictly to the terms set out in Regulation 332 to avoid any such issues.