STATUTORY RULES.
1918. No. 68.
REGULATIONS UNDER THE DEFENCE ACT 1903-1917.
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 1903-1917 to come into operation forthwith.
Dated the thirteenth day of March, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command
G. F. PEARCE,
Minister of State for Defence.
_______
Amendment of Financial and Allowance Regulations.
1. Sub-Regulation (o) of Regulation 201 of Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets is amended to read as follows:—
(o) The Commandant may, in lieu of cost of removal, authorize payment of an amount not exceeding that which would have been incurred under this regulation had the furniture and effects been removed in the ordinary course to compensate for loss in any case where a member elects to dispose of his furniture and effects instead of removing them to his new station. In all such cases the full particulars of furniture and effects disposed of, together with documentary proof of the original cost, and that such were actually disposed of, must be furnished. The onus of proving to the satisfaction of the Authorizing Officer that the cubical measurement of the furniture disposed of is packed in the smallest possible space as for sea or rail transport will lie with the member concerned.
To take effect as from 1st January, 1917.
2. Regulation 207.—Sub-paragraph (b) is amended by adding thereto the following words:—
Provided that during the period of the war, Militia Officers not employed on continuous duty, called up for duty as members of District Courts Martial to deal with Australian Imperial Force matters, may receive the full daily rate of their Militia Pay under Regulation 340 for actual days engaged on such duties.
To take effect as from 1st January, 1916.
3. Regulation 345.—Sub-regulation (2)—For “absence without leave” substitute “absence with leave.”
________________________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.1628.—Price 3d.
Overview
The Statutory Rules of 1918, No. 68, made under the Defence Act 1903-1917, introduce amendments to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Enacted by the Governor-General in Council, these regulations address specific issues that arose during the period of the First World War, including the compensation for the disposal of military personnel's furniture and effects, the pay for militia officers called up for duty as members of District Courts Martial, and the modification of terms relating to absence from duty. The policy objective behind these amendments is to provide clarity and financial support to military personnel in various situations, ensuring they are adequately compensated for their service and the logistical challenges they face during wartime.
Scope and Application
The Regulations under the Defence Act 1903-1917, detailed in Statutory Rules 1918 No. 68, apply to members of the Australian Military Forces and Senior Cadets, specifically targeting financial and allowance regulations. These regulations cover compensation for loss of furniture and effects when members elect to dispose of them instead of moving them to a new station, as well as allowances for Militia Officers called up for duty during the war. The amendments, effective from 1st January 1917 for compensation regulations and 1st January 1916 for allowances, aim to provide clarity and financial support to military personnel during the period of war. The geographic reach of these regulations is national, as they pertain to the Commonwealth of Australia. While the primary focus is on military personnel, specific provisions extend to Militia Officers not on continuous duty who are called up for war-related duties. The regulations do not explicitly state exclusions or thresholds, but they do clarify the conditions under which certain allowances and compensations are applicable. The regulations may be further extended or restricted through subordinate instruments, ensuring their adaptability to evolving military needs and circumstances.
Key Provisions
The regulations primarily focus on the amendment of financial and allowance regulations for Australian Military Forces and Senior Cadets, with specific adjustments to the financial treatment of members during wartime. Regulation 201(o) allows the Commandant to authorize compensation for the disposal of furniture and effects instead of moving them to a new station, provided that detailed documentation is furnished (Section 1). Regulation 207 ensures that Militia Officers called up for duty as members of District Courts Martial to handle Australian Imperial Force matters during wartime receive their full daily rate of Militia Pay for actual days engaged in such duties (Section 2). Lastly, Regulation 345(2) modifies the terminology from "absence without leave" to "absence with leave" (Section 3).
These regulations impose specific obligations on members of the Australian Military Forces and Senior Cadets, particularly during wartime. Members who choose to dispose of their furniture and effects must provide full particulars and documentary proof of the original cost and actual disposal, ensuring that the cubical measurement of the disposed furniture is packed in the smallest possible space for transport (Regulation 201(o)). Militia Officers who are called up for duty must ensure that they are compensated at their full daily rate for days engaged in such duties (Regulation 207). Additionally, the terminology change in Regulation 345(2) aims to clarify the circumstances under which absence from duty is authorised.
There are no explicit offences, penalties, or civil/criminal consequences outlined within the regulations themselves. However, failure to comply with the specified requirements, such as providing the necessary documentation for compensation claims or not adhering to the stipulated conditions for pay, could potentially lead to disputes or investigations under the broader Defence Act 1903-1917 or other relevant laws. The precise repercussions would depend on the specific circumstances and any additional regulations or policies in place.