Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets (Amendment)

Overview

The Statutory Rules 1924 No. 12, enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, amends the Financial and Allowance Regulation for the Australian Military Forces and Senior Cadets, 1921. This legislation was introduced to address the need for updated financial and allowance regulations within the Australian Military Forces to ensure proper compensation and administration for military personnel. The objective of the regulation is to provide clear and updated guidelines regarding the allowances and responsibilities of military personnel, which includes changes to definitions, responsibilities, and payment terms.

Scope and Application

The Financial and Allowance Regulation for the Australian Military Forces and Senior Cadets, 1921, is a statutory rule made under the Defence Act 1903-1918. It applies to members of the Australian Military Forces, including both the Permanent Military Forces and the Citizen Forces, as well as senior cadets. The regulation sets out provisions for allowances and financial entitlements for these members, including allowances for acting as a member of a Court Martial, judge advocate or prosecutor, and attendance at meetings of the Military Board or other approved committees. The regulation also specifies payment terms, such as the frequency of payments and conditions for travel allowances. It is applicable throughout the Commonwealth of Australia, governing financial and allowance matters across all states and territories. The regulation may be subject to amendments through subordinate instruments, which can extend or restrict its application as necessary.

Key Provisions

The main operative sections of these Regulations under the Defence Act 1903-1918, as amended, redefine the term "Commander of a Formation" to "Formation &c. Commander" and provide for adjustments in various regulations to reflect this change (Reg. 1(a)). They also alter the frequency of certain payments from "half-yearly in arrear" to "quarterly in arrear" in the months of September, December, March, and June (Reg. 126(d)). Furthermore, they introduce new allowances for specific duties, such as acting as president or member of a Court Martial, or for attendance at meetings of the Military Board or other approved bodies, with certain conditions and caps on the amounts payable (Reg. 134). These Regulations also permit the Minister to approve special rates of payment in special cases (Reg. 134(4)). The obligations and requirements imposed by these Regulations include the responsibility of the "Formation &c. Commander" for various financial and allowance matters as outlined in the amended regulations (Regs. 15, 20, 25, etc.). The Regulations mandate that the Minister must approve certain payments or allowances, particularly those exceeding the specified rates or involving special circumstances (Reg. 24). They also require that vouchers for allowances be certified by the appropriate officer, with specific provisions for the absence of the Commanding Officer (Reg. 146). The Regulations further require the Minister's approval for additional cost of living allowances for officers while abroad on duty (Reg. 228(e)). Breaches of these Regulations, particularly those involving unauthorized payments or allowances, may lead to financial penalties or other consequences. The precise penalties are not detailed in the Regulations themselves but would typically follow the general provisions of the Defence Act 1903-1918, which could include fines or other financial sanctions. Additionally, any failure to comply with the requirements for certification of vouchers or approval for special allowances could result in administrative consequences or the disallowance of the claimed amounts. It is important to note that while the Regulations do not specify maximum penalties, the underlying Defence Act may provide for criminal or civil penalties for serious breaches.