STATUTORY RULES.
1920. No. 34.
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-fifth day of February, 1920.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of Financial and Allowance Regulations.
Regulation 340a of Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets is amended by deleting from paragraph “(7)” that portion commencing with the word “Members” and ending with the word “Paymaster” and substituting the following in lieu thereof:—
“Members of the Pay Corps who are discharged or whose services are terminated on or after the 1st May, 1919, may be paid deferred pay at the rates shown on the accompanying table for each day of service commencing on or after the 1st January, 1919, provided that discharge is not effected at their own request (excepting special cases occurring after 1st August, 1919, in which the members’ services can be spared) or on account of misconduct or inefficiency. The decision as to whether members’ services can be spared and as to misconduct or inefficiency shall rest with the District Finance Officer”.
The foregoing amendment shall be deemed to have taken effect on and from 1st May, 1919.
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. 34, enacted by the Governor-General in accordance with the Defence Act 1903–1918, address the issue of deferred pay for members of the Pay Corps who were discharged or whose services were terminated post-1 May 1919. This regulation was introduced to ensure that eligible personnel received their deferred pay under specified conditions, thereby providing financial stability to those who had served in the military forces. The enactment by the Governor-General, acting on advice from the Federal Executive Council, underscores the importance of this adjustment to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, aiming to clarify and streamline the payment processes for affected service members.
Scope and Application
The Statutory Rules 1920 No. 34, made under the Defence Act 1903–1918, pertains to the amendment of Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. This regulation specifically targets members of the Pay Corps who are discharged or whose services are terminated on or after 1 May 1919. The amendment provides for the payment of deferred pay at prescribed rates for each day of service commencing on or after 1 January 1919, contingent on certain conditions. Notably, the amendment stipulates that members are eligible for deferred pay unless their discharge is at their own request, except in special cases occurring after 1 August 1919 where their services can be spared, or due to misconduct or inefficiency. The decision regarding whether a member’s services can be spared and whether there is misconduct or inefficiency rests with the District Finance Officer. This regulation is effective from 1 May 1919 and applies to the Commonwealth of Australia, governing the financial aspects of military personnel under the Defence Act 1903–1918.
Key Provisions
The key provisions of this legislative instrument involve an amendment to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, specifically targeting the payment of deferred pay to certain members of the Pay Corps. Regulation 340a has been amended by deleting existing text and inserting new provisions (Regulation 340a). This new regulation allows members of the Pay Corps who are discharged or whose services are terminated on or after 1 May 1919 to be eligible for deferred pay at specified rates for each day of service commencing on or after 1 January 1919. This eligibility is contingent upon the member not being discharged at their own request, except in special cases occurring after 1 August 1919 where the member’s services can be spared, or due to misconduct or inefficiency. The determination of whether the member’s services can be spared or if misconduct or inefficiency applies rests with the District Finance Officer.
Under this regulation, certain obligations and requirements are imposed on the parties involved. The Pay Corps members must meet the eligibility criteria to qualify for deferred pay, which includes the service period and the circumstances of their discharge. The District Finance Officer is tasked with making the critical determinations regarding the member's service conditions and any instances of misconduct or inefficiency. This regulation ensures that the process for deferred pay is transparent and governed by specific criteria, providing a structured approach to handling financial entitlements for discharged members.
In terms of compliance and potential consequences, the regulation does not explicitly state offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the outlined criteria for deferred pay eligibility could lead to disputes or administrative issues. Given that the regulation is part of the Defence Act 1903–1918, any breach of these provisions could potentially result in administrative penalties or other repercussions as prescribed under the broader legislative framework. It is essential for all parties to adhere to the stipulated conditions to avoid any adverse outcomes.