Financial and Allowance Regulations (Amendment)

Overview

The Statutory Rules of 1919, No. 254, represents a regulation under the Defence Act 1903-1918, enacted to address the need for financial provisions during the period of continuous training for members of the Militia and Volunteer Forces. This legislative instrument was introduced by the Governor-General in Council, with the intention of ensuring that service members receive appropriate pay and allowances during their training, even when granted leave for recreational purposes. This regulation was designed to maintain morale and efficiency within the forces by providing financial support during essential training periods. The regulation was made with the aim of amending the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, specifically to insert a new regulation (126a) that allows for pay and allowances at prescribed rates for members attending continuous training who are granted leave for recreation purposes. This amendment aimed to ensure that the financial wellbeing of military personnel is upheld, thereby supporting the broader policy objective of maintaining a well-trained and motivated defence force.

Scope and Application

This statutory rule, made under the Defence Act 1903-1918, pertains to the amendment of Financial and Allowance Regulations for members of the Australian Military Forces and Senior Cadets. Specifically, the regulation introduces a new provision, regulation 126a, which allows for the payment of prescribed rates of pay and allowances to members of the Militia and Volunteer Forces who are attending continuous training. This entitlement applies to each day during the period of continuous training on which leave has been approved by the Minister for the purpose of recreation, effective from 1 July 1919. The regulation is applicable to the Commonwealth of Australia and extends to members of the Militia and Volunteer Forces who are participating in continuous training and require leave for recreational purposes. The regulation does not specify any exclusions, exemptions, or thresholds, and its application is limited to the financial and allowance provisions as detailed in the amended regulation.

Key Provisions

The primary operative section of this legislative instrument, Regulation 126a, amends the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. It introduces a new regulation that allows for the granting of pay and allowances at prescribed rates to members of the Militia and Volunteer Forces who are attending continuous training. This provision applies specifically to those days during their continuous training when they are granted leave, with the approval of the Minister, for purposes of recreation (section 126a). This means that members of these forces can receive their pay and allowances even when they are on approved recreational leave during their training period, starting from 1st July, 1919. Under this Act, the obligations placed on the parties primarily concern the administration and approval of leave for members of the Militia and Volunteer Forces. The Minister's role is to approve any leave requested for recreational purposes, ensuring that the leave aligns with the requirements set out in the regulation. Additionally, the responsible authorities must ensure that pay and allowances are correctly calculated and disbursed to the members on the approved days of leave. This involves adherence to the prescribed rates stipulated in the Financial and Allowance Regulations, which now include the new provision introduced by this regulation. There are no explicit offences, penalties, or civil/criminal consequences outlined within this specific regulation. However, any breaches of the general Financial and Allowance Regulations, or related Defence Act provisions, could result in legal consequences. Typically, such breaches might be subject to penalties as prescribed by the Defence Act or other relevant legislation, which could include fines or other sanctions. The maximum penalties would depend on the specific nature of the breach and the applicable laws at the time of the offence. It is also possible that administrative or disciplinary actions could be taken within the military framework, in accordance with service regulations.