Financial and Allowance Regulations (Amendment)

Overview

The Statutory Rules 1919 No. 143, made under the Defence Act 1903-1918, was enacted to address the need for amendments in the financial and allowance regulations for the Australian Military Forces and Senior Cadets. This legislative instrument was introduced by the Governor-General in Council, with the purpose of modifying the allowances for married warrant officers, class II, and non-commissioned officers and men who are not on consolidated pay, when they are necessarily absent from their stations overnight on duty. The policy objective is to adjust the financial support provided to military personnel under specific conditions, ensuring the regulations remain relevant and equitable.

Scope and Application

The Statutory Rules of 1919, No. 143, issued under the Defence Act 1903-1918, outlines amendments to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. This regulation specifically targets the allowances payable to married warrant officers, Class II, and non-commissioned officers and men not on consolidated pay, when they are necessarily absent from their stations overnight on duty. The amendment modifies the allowance rates, stipulating that the allowance cannot exceed two shillings for each night of absence, with a reduction to one shilling per night if either rations in kind or allowance in lieu is drawn. The regulation applies to members of the Australian Military Forces and Senior Cadets, specifically those who are married and serving in the designated ranks, and is applicable to their conduct and transactions related to duty absences. The scope of this regulation is limited to the Commonwealth of Australia, as it is a statutory rule issued under the federal Defence Act, and it does not extend to state or territory jurisdictions. The regulation does not explicitly state any exclusions or exemptions and is effective immediately upon its issuance. The application of this regulation may be further extended or modified by subordinate instruments issued under the authority of the Defence Act 1903-1918.

Key Provisions

The Statutory Rules of 1919, No. 143, issued under the Defence Act 1903-1918, primarily concern the amendment of financial and allowance regulations for Australian Military Forces and Senior Cadets. Specifically, sub-regulation (p) of regulation 196 of the Financial and Allowance Regulations is repealed and replaced (1). This change pertains to the allowance provided to married warrant officers, class II, non-commissioned officers, and men who are not on consolidated pay when they are necessarily absent from their stations overnight due to duty. Under the new provisions, these personnel can receive an allowance not exceeding two shillings for each night of absence, with the condition that if they draw rations in kind or an allowance in lieu, the amount payable is reduced to one shilling per night (1)(p). The amended regulation imposes certain obligations on the affected personnel. They must ensure that their absence from the station is due to duty and that they are indeed married warrant officers, class II, non-commissioned officers, or men not on consolidated pay to be eligible for the allowance. The regulation also necessitates that any claims for the allowance be substantiated with appropriate documentation to verify the nights of absence and the drawing of rations or allowances in lieu. Additionally, the regulation requires that the amount claimed adheres to the specified limits, i.e., not exceeding two shillings or one shilling per night, depending on the circumstances. Failure to comply with the provisions of this regulation could result in various consequences. Firstly, any overpayment of allowances due to incorrect claims or misrepresentation of facts could lead to financial penalties, including the requirement to repay the excess amount. Secondly, persistent non-compliance or fraudulent claims could result in disciplinary action under military law. While the regulation does not explicitly state maximum penalties, breaches of military regulations can generally lead to fines, imprisonment, or other punitive measures as determined by the relevant military authorities. It is important for personnel to adhere strictly to the regulations to avoid these potential consequences.