STATUTORY RULES.
1919. No. 272.
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 twenty-fourth day of November, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
A Member of the Federal Executive Council Acting for and on behalf of the 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: To take effect from 1st, July, 1919.
(1) In regulation 136 the words “shall be credited for the financial year in which payment is made, with the following allowance,” are amended to read “may be credited for the financial year in which payment is made, with the following allowance or such portion thereof as is approved by the Minister”.
(2) Sub-regulation (b) of regulation 356 is amended by inserting next after the word “made” in the first paragraph the words “or such portion thereof as is approved by the Minister”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1919 No. 272, made under the Defence Act 1903-1918, introduces amendments to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Enacted by the Governor-General in Council on 24 November 1919, these regulations respond to the need for greater flexibility in the financial management of military allowances. The policy objective is to allow for more precise control over the distribution and approval of financial allowances by the Minister of State for Defence, thereby ensuring fiscal responsibility and efficient resource allocation within the military framework. The regulations were designed to come into effect from 1 July 1919, providing an immediate adjustment to the financial management system following the end of World War I.
Scope and Application
These Regulations under the Defence Act 1903-1918 pertain to the financial and allowance regulations for the Australian Military Forces and Senior Cadets. They apply to military personnel and senior cadets, governing the financial and allowance aspects of their service. The Regulations modify existing provisions to allow for flexibility in the crediting of allowances and portions thereof, subject to ministerial approval. The reach of these Regulations is national, extending throughout the Commonwealth of Australia. There are no specific exclusions or exemptions stated within these Regulations, but the modifications made are subject to the discretion of the Minister, thereby providing a framework for the administration of financial allowances in the military context. Additionally, these Regulations may be extended or restricted through further subordinate instruments as deemed necessary by the relevant authorities.
Key Provisions
The regulations, numbered 136 and 356, under the Defence Act 1903-1918, as amended by Statutory Rules 1919, No. 272, pertain to financial and allowance regulations for the Australian Military Forces and Senior Cadets. These amendments introduce flexibility in the crediting of allowances, allowing them to be credited either in full or in part, as approved by the Minister. Regulation 136 now permits the crediting of allowances in a financial year upon payment, subject to ministerial approval (Reg. 136(1)). Similarly, sub-regulation 356(b) permits partial payment approval by the Minister for certain allowances (Reg. 356(b)).
The Act imposes specific obligations on the Australian Military Forces and Senior Cadets, primarily concerning the administration and approval of financial allowances. The Minister’s role in approving the crediting of allowances ensures that financial management adheres to the updated regulations. This process requires the military forces and cadets to seek ministerial approval for any partial crediting of allowances, ensuring transparency and control over financial distributions (Reg. 136(1) and Reg. 356(b)).
While the regulations themselves do not explicitly state offences, penalties, or civil/criminal consequences for non-compliance, breaches of Defence Act provisions or failure to adhere to approved financial regulations could lead to broader legal ramifications. Given the context of the Defence Act 1903-1918, non-compliance with financial regulations could result in administrative or disciplinary actions, including possible financial penalties or other disciplinary measures. However, the specific penalties are not detailed in the cited regulations and would be subject to the overarching Defence Act provisions.