STATUTORY RULES.
1922. No. 158.
REGULATIONS 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 Regulations under the Defence Act 1903-1918, to come into operation forthwith.
Dated this eighteenth day of October, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
GRANVILLE RYRIE,
For Minister of State for Defence.
Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921.
A. Regulation 39 is amended by—
(a) deleting the sub-head “(III) Class 2, Category A. Master Gunner, 3rd Class” and all reference thereto; and including in the proviso before “Regimental Quartermaster Sergeant” the words “Master Gunner (3rd Class) or”.
(b) deleting the word “other” from sub-head (IV) Class 2, Category “B”.
B. Regulation 117 is repealed and the following, substituted therefor:—
“117. Any person provisionally appointed to commissioned rank in the Citizen Forces other than to the rank of Lieutenant, or any officer provisionally promoted in commissioned rank in the Citizen Forces shall (with the exception of officers of the Australian Army Legal Department), be granted only the pay prescribed for the next lower rank until he passes the final examination for the rank to which he has been provisionally appointed or promoted. From that date if it occurs within the current financial year (failing which it shall begin on the 1st day of the current financial year) he shall be eligible for the pay of the higher rank after notification of the confirmation of his provisional rank has appeared in the Commonwealth Gazette.”
C. Regulation 201—Sub-paragraph (iii) is repealed.
D. Regulation 202—Paragraphs (c) and (d) are repealed and the following substituted therefor:—
“(c) Subject to sub-paragraphs (d) and (e) of this regulation, a member of the Permanent Forces whose appointment may be provided with free rail, steamer or coach transport to the place of enlistment of first appointment, or in lieu thereof transport to any other
place within the Commonwealth, provided that the cost of such transport to such other place does not exceed the cost of transport to place of enlistment or first appointment. He may also be provided with free transport for necessary household furniture and effects in his possession in accordance with the provisions of regulation 203, provided that a member stationed at Thursday Island may on the termination of his appointment or discharge for misconduct or for medical unfitness due to misconduct, be granted transport to the nearest convenient port on the mainland.
No monetary grant shall be made in lieu of the actual transport and the privilege of transport shall be available only within a period of one month after discharge provided that in special cases an extension of the period not exceeding two months may be granted by the Military Board.
(d) Except as approved by the Military Board, a soldier of the Permanent Forces who is discharged on the expiration of his period of enlistment or re-engagement, having elected not to re-engage for further service for the prescribed period when given an opportunity by his Commanding Officer of so doing, shall not be entitled to any of the benefits provided by paragraph (c) of this regulation unless he has served continuously for at least two years at the station at which discharged.
(c) The place of enlistment or first appointment referred to in paragraph (c) above shall usually be deemed to be the city or place in which the enlistment or first appointment actually occurred provided that in cases in which members were transported at departmental expense to the place of enlistment for the purpose of immediate enlistment or appointment the place of enlistment or appointment for the purposes of this regulation shall be decided by the Military Board.”
E. Regulation 203—Paragraph (a) is repealed.
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 1922 No. 158, enacted under the Defence Act 1903-1918, address several administrative and financial concerns related to the Australian Military Forces and Senior Cadets. The Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, introduced these regulations to ensure streamlined financial allowances and transportation benefits for military personnel. The policy objective, as stated, is to maintain an organised and efficient military system by clearly defining the financial and logistical entitlements for members of the Australian Military Forces. These regulations cover amendments to the pay scales for provisionally appointed officers, the transportation of personnel and their effects, and the removal of certain monetary grants in favour of direct transport benefits.
Scope and Application
The Regulations under the Defence Act 1903-1918 pertain specifically to financial and allowance provisions for the Australian Military Forces and senior cadets, with a focus on the Citizen Forces and Permanent Forces. These regulations govern the financial entitlements and allowances of members of these forces, including provisions related to provisional appointments and promotions, as well as transport entitlements for members upon discharge. The regulations apply to individuals serving in the Citizen Forces and Permanent Forces, which include both commissioned and non-commissioned officers. The scope of the regulations extends nationally across the Commonwealth of Australia. There are certain exclusions and conditions outlined, such as the restriction on transport entitlements for members discharged due to misconduct. The application of these regulations may also be extended or modified through subordinate instruments, allowing for adjustments in financial provisions and allowances as necessary.
Key Provisions
The Regulations under the Defence Act 1903-1918 primarily focus on financial and allowance regulations for members of the Australian Military Forces and Senior Cadets. Regulation 39 has been amended to adjust the classification and references related to certain ranks, particularly the Master Gunner, and to ensure that provisionally appointed officers in the Citizen Forces receive pay corresponding to the next lower rank until they pass the final examination for their provisional rank (Reg. 117). This regulation also outlines the conditions under which the pay for the higher rank becomes effective, contingent on the confirmation of their provisional rank appearing in the Commonwealth Gazette. Furthermore, Regulation 201 has had a specific sub-paragraph repealed, while Regulation 202 has been amended to revise the provisions concerning transport entitlements for members of the Permanent Forces, including free rail, steamer, or coach transport to the place of enlistment or first appointment, or to another location within the Commonwealth if the cost does not exceed that of transport to the original place. Regulation 203 has had a paragraph repealed, impacting the transport provisions for household furniture and effects.
These regulations impose specific obligations on the Australian Military Forces and its members. Members of the Permanent Forces who are entitled to transport benefits must comply with the criteria set forth in Regulation 202, including the requirement to serve continuously for at least two years at the station at which they are discharged, unless they have elected not to re-engage for further service. The Military Board retains the discretion to extend the period of entitlement to transport benefits in special cases. Additionally, officers who are provisionally appointed or promoted to commissioned ranks must ensure they pass the final examination for their rank within the financial year to become eligible for the higher rank’s pay (Reg. 117). Failure to meet these conditions may result in continued entitlement to the lower rank’s pay.
Breaches of these regulations may lead to various consequences, including financial implications for officers who do not pass their final examinations within the stipulated timeframe, thereby remaining on the pay of the lower rank. For members of the Permanent Forces, failure to meet the continuous service requirement at the station of discharge could result in the denial of transport benefits. Furthermore, the regulations specify that no monetary grant shall be made in lieu of the actual transport, and the entitlement to such benefits is strictly governed by the provisions outlined in the regulations. While the specific offences and penalties are not detailed in the text, it can be inferred that non-compliance with these financial and transport regulations may lead to administrative actions or financial penalties as determined by the relevant military authorities.