STATUTORY RULES.
1920. No. 104.
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REGULATION 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 Regulation under the Defence Act 1903-1918, to come into operation forthwith.
Dated this twenty-sixth day of June, 1920.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Amendment of Financial and Allowance Regulations.
Regulation 129 of Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets is repealed and the following regulation made in lieu thereof:—
129. Payment in addition to the annual maximum amount laid down in regulations 132, 133 and 134 for the respective arms and ranks may be made in respect of the following occasions at the rates respectively indicated—
(a) For attendance at Guards of Honour or Escorts for the Governor-General, or for the Governor of a State, or in connexion with the opening or prorogation of Parliament, payment may be made at the rates provided in regulations 132, 133 and 134 for the respective ranks, provided that members of Militia Units entitled to rates of Militia in Pay less than 8s. per diem may be paid for each of the preceding occasions as for a whole day.
(b) When the voluntary services of members of a Militia Band have been authorized by the Military Board for special occasions, upon, which no other part of the Militia Unit to which they belong, or of any other Militia Unit, is paraded, payment may be made for such services at the rates ruling locally for musicians.
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 1920 No. 104, made under the Defence Act 1903-1918, addresses the need to amend financial and allowance regulations for the Australian Military Forces and Senior Cadets. Enacted by the Governor-General in Council, this legislative instrument seeks to update the payment structure for certain ceremonial duties and special services. The regulation allows for additional payments beyond the annual maximum set out in regulations 132, 133, and 134 for attendance at significant events such as Guards of Honour or Escorts for the Governor-General or for the Governor of a State, and during the opening or prorogation of Parliament. Furthermore, it provides for payments to members of a Militia Band authorised to provide services on special occasions when no other part of their unit is paraded. This regulation aims to ensure that members of the military are adequately compensated for their participation in these important events, reflecting their voluntary services and the significance of their roles.
Scope and Application
This legislative instrument is a statutory regulation made under the Defence Act 1903-1918, coming into effect immediately upon issuance. The regulation, dated 26th June 1920, and made by the Governor-General in Council, involves the amendment of financial and allowance regulations specifically for the Australian Military Forces and senior cadets. It replaces Regulation 129 and introduces new rates of payment for particular ceremonial duties and special occasions. The regulation applies to members of the Australian Military Forces and senior cadets who participate in specific events such as Guards of Honour, Escorts for the Governor-General or a State Governor, and ceremonial duties connected with the opening or prorogation of Parliament. It also pertains to members of Militia Bands providing voluntary services for special occasions where no other part of their Militia Unit is paraded. The regulation stipulates that members of Militia Units with daily rates of pay less than 8 shillings may receive full daily pay for these specific occasions. Additionally, for special occasions authorised by the Military Board, Militia Band members may be compensated at local rates for musicians. This regulation underscores the Commonwealth's authority to dictate financial allowances for military personnel involved in ceremonial duties.
Key Provisions
The key operative sections of this legislation involve the amendment of the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Specifically, Regulation 129 is repealed and replaced with new provisions. The new regulation permits additional payments for attendance at specific events such as Guards of Honour or Escorts for the Governor-General, the Governor of a State, or during the opening or prorogation of Parliament (section 129(a)). It also allows for payment to members of a Militia Band when their voluntary services are authorised for special occasions, provided no other part of their Militia Unit or any other Militia Unit is paraded (section 129(b)). These provisions ensure that members of the military and Militia Bands receive appropriate compensation for their participation in significant events and authorised services.
The Act imposes obligations on the military personnel and Militia Bands to attend and provide services at the specified events. It also requires the military authorities to make payments at the prescribed rates when these services are rendered. The Act further mandates that the rates of payment should be consistent with those laid down in regulations 132, 133, and 134 for the respective ranks, with special considerations for members of Militia Units with lower daily rates of pay. For Militia Bands, the payment should align with local rates for musicians.
While the regulation itself does not explicitly state offences, penalties, or consequences for breach, it is governed by the overarching Defence Act 1903-1918. Any non-compliance with the financial and allowance regulations could potentially lead to disciplinary action under the Defence Act, which includes various administrative and criminal penalties. The severity of these penalties would depend on the nature and extent of the breach, but they could include fines, imprisonment, or other forms of sanction as determined by military law and the Defence Act provisions.