STATUTORY RULES.
1931. No. 30.
REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
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 1903-1927, to come into operation forthwith, excepting regulation 78, which shall come into operation on 10th February, 1931.
Dated this eighteenth day of March, 1931.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
A. E. GREEN
for Minister of State for Defence.
Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets.
(Statutory Rules 1920, No. 211, as amended to this date.)
Amendments.
1. Regulation 1 is amended—
(a) by deleting the words “ ‘ Formation, &e., Commander’ means the Head-quarters of a Cavalry Division or of an Infantry Division or of a Mixed Brigade or a District Base Commandant”,
and substituting the following words therefor:—
“ ‘Formation, &c., Commander’ means Commander of a Cavalry Division or of an Infantry Division, or of a Mixed Brigade or of the Field Troops in a Military District or District Base Commandant or Commandant of the Royal Military College of Australia.”
(b) by deleting the words “‘Command Head-quarters’ means the Head-Quarters of a Cavalry Division, of an Infantry Division or of a Mixed Brigade or a District Base”,
and substituting the following words therefor:—
“‘Command Head-quarters’ means the Head-quarters of a Cavalry Division or of an Infantry Division or of a Mixed Brigade or of the Field Troops in a Military District or of a District Base or of the Royal Military College of Australia.”
71.—Price 3d.
2. Regulation 78 is cancelled and the following regulation substituted therefor:—
“78. Allowances at the rates shown hereunder may be paid to members of the Permanent Military Forces whilst holding appointments within the establishment of the Royal Military College:—
Officers of the Australian Staff Corps (other than the Commandant of the College) | £50 per annum. |
Quartermasters and warrant officers.......... | 7s. per week. |
Non-commissioned officers and private soldiers.. | 3s. 6d. per week.” |
3. Regulation 202 is amended—
(a) by omitting in sub-paragraph (c) the words “subject to sub-paragraphs (d) and (c)” and substituting there for the words “subject to sub-paragraphs (d), (e), (f) and (g) ”, and
(b) by inserting the following new sub-paragraph (g):—
“(g) The termination of the appointment of or the discharge of a member of the Permanent Forces in pursuance of the decision of the Government to re-organize and retrench the Department of Defence shall not for the purposes of this regulation be deemed to be at the member’s own request by reason of his having applied to be retrenched in pursuance of that decision.”
4. Regulation 207 is amended by deleting the schedule appearing in paragraph (a) and substituting the following therefor:—
| Per mile up to 5000 miles in any 12 months. | | Per mile after 5000 miles in any 12 months. |
(i) | Motor truck............................ | 7½d. | .. | 5½d. |
(ii) | Motor car over 12 h.p. when used at Schools and Tactical Exercises other than in Camp | 7½d. | .. | 5½d. |
(iii) | Motor car over 12 h.p. used for purposes other than as in sub-paragraph (ii) | 6½d. | .. | 4½d. |
(iv) | Motor car over 8 h.p. and not exceeding 12 h. p. when used at Schools and Tactical Exercises other than in Camp | 6½d. | .. | 4½d. |
(v) | Motor car over 8 h.p. and not exceeding 12 h.p. used for purposes other than as in sub-paragraph (iv) | 5½d. | .. | 3½d. |
(vi) | Motor car 8 h.p. or under when used at Schools and Tactical Exercises other than in camp | 6d. | .. | 4d. |
(vii) | Motor car 8 h.p. or under used for purposes other than as in sub-paragraph (vi) | 5d. | .. | 3d. |
(viii) | Motor cycle with side car................... | 4d. | .. | 2d. |
(ix) | Motor cycle............................ | 2½d. | .. | 1½d. |
(x) | Other means of conveyance................. | First 20 miles 3d. per mile, each additional mile over 20 miles 1½d. per mile. |
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1931 No. 30 are regulations under the Defence Act 1903-1927, enacted to address financial and allowance matters within the Australian Military Forces, including senior cadets. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into operation forthwith, except for regulation 78, which commenced on 10 February 1931. The primary objective of these regulations is to provide a structured financial framework for the Australian Military Forces, ensuring that members of the Permanent Military Forces receive appropriate allowances while holding appointments within the establishment of the Royal Military College. The regulations include amendments to definitions and allowances, as well as changes to the rates for motor vehicle usage within the military.
Scope and Application
The Regulations under the Defence Act 1903-1927 apply to the members of the Australian Military Forces, including the Permanent Military Forces, and senior cadets, with specific provisions for those holding appointments within the establishment of the Royal Military College. These regulations set forth the financial and allowance guidelines applicable to the various ranks and roles within these forces, including officers of the Australian Staff Corps, quartermasters, warrant officers, non-commissioned officers, and private soldiers. The regulations also clarify the definitions of command structures, such as the Commander of a Cavalry Division or an Infantry Division, and Command Headquarters, which now includes the Head-quarters of the Royal Military College of Australia. Notably, the regulations provide allowances for members of the Permanent Military Forces who are holding appointments at the Royal Military College, with specific rates for different ranks.
The scope of these regulations is nationwide, as they are enacted under the authority of the Commonwealth of Australia, governed by the Defence Act 1903-1927. These regulations are binding and enforceable across all states and territories of Australia, ensuring uniformity in the financial and allowance practices for military personnel. Certain exclusions and specific conditions are outlined within the regulations, particularly concerning the termination of appointments or discharges related to government decisions on re-organisation and retrenchment within the Department of Defence. Additionally, the regulations have been amended to adjust rates and conditions for allowances, mileage reimbursements, and other financial aspects to reflect current operational needs and practices.
Key Provisions
The Statutory Rules 1931, No. 30, which are regulations under the Defence Act 1903-1927, make several amendments to the financial and allowance regulations for the Australian Military Forces and Senior Cadets. Firstly, Regulation 1 is amended to redefine the terms "Formation, &c., Commander" and "Command Head-quarters" to include more entities such as the Royal Military College of Australia (para. 1). Secondly, Regulation 78 is completely replaced with new allowances for members of the Permanent Military Forces holding appointments within the Royal Military College, such as Officers of the Australian Staff Corps, Quartermasters and warrant officers, and Non-commissioned officers and private soldiers (para. 2). Thirdly, Regulation 202 is amended to adjust the conditions for termination of appointments or discharges of members of the Permanent Forces (para. 3). Lastly, Regulation 207 is amended to revise the mileage rates for various types of motor vehicles and other means of conveyance (para. 4).
These regulations impose specific obligations on the Australian Military Forces and Senior Cadets. They establish the definitions for certain military positions and headquarters, which must be adhered to in the context of these financial regulations. The allowances specified in Regulation 78 must be paid to eligible members of the Permanent Military Forces in accordance with the prescribed rates. Regulation 202's amendments ensure that the conditions governing the termination of appointments are correctly applied, particularly in cases of government-mandated reorganization and retrenchment. Regulation 207's amendments set the mileage reimbursement rates for different types of vehicles used for military purposes, which must be followed when calculating allowances.
Breach of these regulations could result in various consequences. While the legislation does not explicitly state offences or penalties, non-compliance with the financial and allowance provisions could potentially lead to disciplinary actions, financial penalties, or other administrative consequences. For instance, failure to correctly apply the mileage reimbursement rates might result in overpayments or underpayments, which would need to be rectified. However, the exact nature and extent of penalties or consequences for non-compliance are not detailed within the provided text.