STATUTORY RULES.
1919. No. 26.
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-ninth day of January, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for 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 1a is renumbered 1b.
(2) Next after regulation 1 the following regulation is inserted:—
“1a. The Minister may approve of any expenditure not covered by these Regulations provided that the necessary funds have been made available by Parliamentary appropriation or by the Treasury in anticipation of Parliamentary appropriation.”
(3) Regulations 132 and 133 are amended by deleting the words “At rate of corresponding substantive rank” (opposite the word Quartermaster) and substituting in lieu thereof the words “At rate of substantive rank”. To take effect as from 1st January, 1919.
(4) Sub-regulation (c) of regulation 196 is amended by deleting the word “Quartermaster”. To take effect as from 1st January, 1919.
(5) Regulation 340 is amended by deleting the words “Quartermaster, at rate of corresponding rank” and substituting in lieu thereof the words “Quartermaster, at rate of substantive rank”. To take effect as from 1st January, 1919.
(6) Regulation 340a.—The amendment made by Statutory Rules 1918, No. 322, is amended by deleting “(5)” and substituting “(6)” in lieu thereof.
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. 26, Regulations under the Defence Act 1903–1918, was enacted to address the need for amendments to financial and allowance regulations for the Australian Military Forces and Senior Cadets in the post-World War I era. The objective of these regulations was to ensure that the financial provisions were sufficiently flexible to accommodate unforeseen expenses while maintaining a framework for fiscal responsibility. Enacted by the Governor-General in Council, the regulations were designed to reflect the changing circumstances and requirements of the military forces. The policy objective was to provide the Minister with the necessary discretion to approve expenditures not explicitly covered by the regulations, provided that the funds were either appropriated by Parliament or anticipated to be appropriated, thereby ensuring that the military could respond efficiently to operational needs.
Scope and Application
The Statutory Rules 1919, No. 26, made under the Defence Act 1903–1918, detail amendments to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. These regulations apply to personnel within the Australian Military Forces and Senior Cadets, including officers and enlisted members, and cover financial allowances, reimbursements, and other monetary provisions pertinent to their service. The regulations have a Commonwealth reach, as they are enacted by the Governor-General in accordance with the Federal Executive Council's advice. The amendments, effective from 1st January 1919, adjust the allowances and expenditures by altering specific financial rates and the conditions under which the Minister may approve unlisted expenditures. The rules do not explicitly state any exclusions or exemptions, though the necessity of Parliamentary appropriation or Treasury anticipation of such is noted. The regulations may also be extended or restricted through subordinate instruments, as provided under the Defence Act 1903–1918.
Key Provisions
The main operative sections of these regulations, which amend the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, primarily involve renumbering existing regulations and inserting new provisions. Regulation 1a, inserted as the new Regulation 1, allows the Minister to approve any expenditure not covered by these Regulations, provided that the necessary funds have been made available either through Parliamentary appropriation or by the Treasury in anticipation of such appropriation (Reg. 1a). This amendment seeks to provide the Minister with greater flexibility in managing unforeseeable expenses. Regulation 1b, formerly Regulation 1, is renumbered to accommodate this new provision. Additionally, the regulations modify certain rates of allowances and remove references to the rank of Quartermaster in several places, replacing "At rate of corresponding substantive rank" with "At rate of substantive rank" (Regs. 132, 133, 196(c), 340). These changes are effective from 1 January 1919.
The obligations imposed by these regulations primarily concern the Minister and other relevant authorities who must now consider and approve any unlisted expenditure in accordance with the new provisions (Reg. 1a). They must also adjust the rates of allowances as specified in the regulations, ensuring that all financial transactions comply with the new rates for substantive ranks, especially concerning Quartermaster roles. Furthermore, any amendments to existing regulations must be implemented with the effective dates specified, ensuring that the changes are applied correctly from the designated commencement date.
Violations of these regulations could lead to financial mismanagement or incorrect allowance payments, although the regulations themselves do not explicitly state offences or penalties. However, given the context of military finance and allowances, breaches could potentially lead to disciplinary actions or other consequences under the Defence Act 1903–1918 or other applicable laws. It is essential for the authorities involved to adhere strictly to the amended regulations to avoid any financial discrepancies or legal issues.