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

Legislation au C1933L00122 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

 

1933. No. 122.

REGULATIONS UNDER THE DEFENCE ACT 1903-1932.

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 1903-1932.

Dated this first day of November, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

G. F. PEARCE

Minister of State for Defence.

 

Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets.

(Statutory Rules 1926, No. 211, as amended to this date.)

Amendments.

1. Regulation 100 is amended as follows:—

(a) Sub-regulations (4).and (5) are renumbered (5) and (6) respectively.

(b) Insert the following sub-regulation:—

“(4) (i) A Chaplain who is detailed for duty at a Camp of Continuous Training shall be paid at the rate of £1 (One pound) per diem, irrespective of classification, for each day of his authorized attendance at the camp.

(ii) The number of days in any year for which pay may be paid to a Chaplain under sub-paragraph (i) of this sub-regulation shall not exceed the number of days of camp training authorized for that year.

(iii) A Chaplain shall not be paid for attendance at more than one Camp of Continuous Training in a financial year; provided that where, in exceptional circumstances; the District Base Commandant approves of a Chaplain’s attendance during two camps in a financial year, payment (not exceeding, in all, the maximum amount which would have been paid, under sub-paragraph (i) of this sub-regulation if one camp only had been attended) may be made in respect of each day’s attendance, so approved.

(iv) This sub-regulation shall be deemed to have come into operation on the 1st day of July, 1933.”


2. Regulation 106 is repealed and the following regulation substituted:―

“Motor Vehicles, Motor Cycles and Bicycles.

106. (i) Allowances as prescribed by this regulation may be paid for the provision and use, for the purposes of authorized training, of privately-owned motor lorries, motor cars, commercial tractors, motor cycles or bicycles, which are borne on the establishment of a militia unit.

(ii) For each day on which the motor lorry, commercial tractor, motor car, motor cycle or bicycle is used for the purposes of approved training the member who provides such vehicle or machine may be paid allowances in accordance with the following scale:—

Type of Vehicle or Machine.

Daily Allowance (per whole day)

(a)

Mileage Allowance per Mile.

(b)

Conditions of Payment.

 

£

s.

d.

d.

 

Motor Lorry or Commercial Tractor

1

5

0

8

(a) The rate of allowance payable for half day or night parades shall be calculated on the same basis as prescribed for pay by Regulation 103

 

Motor Car (irrespective of horsepower)

0

10

0

4

 

Motor cycle with side car

0

5

0

 

Motor cycle........

0

5

0

1

(b) Mileage allowance shall be payable for each mile travelled in proceeding to and from the place of assembly for training, and for each mile travelled while on duty at Camps of Continuous Training, Home Training. Parades, or approved schools or courses of instruction

Bicycle...........

0

2

0

Nil

 

(iii) The number of vehicles or machines in respect of which allowances may be paid under this regulation shall be as shown in the Training Establishments for the current year, and allowances shall not be paid for any vehicles or machines which are not included in such Training Establishments.

(iv) The Department shall not be liable for the payment of any claim for any damage occasioned to a privately-owned vehicle or machine as a result of its use for the purposes of approved training; provided that in exceptional circumstances where a vehicle or machine is damaged while under military control and where such damage is directly caused by accident occurring during, and is directly attributable to, military operations, the Military Board may approve of payment of such amount as, in the opinion of the Military Board, is reasonably necessary to enable repairs to be effected.

(v) A member to whom an allowance is payable under this regulation shall be responsible that the vehicle or machine in respect of which the allowance is payable is maintained in good order and is available and fit for service at all times.

(vi) Free issues of petrol or lubricants shall not be made to any member in respect of the use of a motor vehicle or motor cycle for any occasion on which he is eligible for allowances as prescribed by this regulation.”


3. Sub-regulations (a) and (b) of regulation 105 are amended by deleting in each sub-regulation the words “at the Camp of Continuous Training of the Unit to which he belongs” and inserting in lieu thereof the words “at a camp of continuous training, or school, or course of instruction, &c.”

4. Sub-paragraph (ii) of sub-regulation (b) of regulation 122 is amended by deleting the words “or Divisional Train” and by inserting after the words “Divisional Army Service Corps” the words “or Head-quarters, Army Ordnance Corps”.

5. Regulation 202 is amended by adding the following sub-regulations:—

“(h) Where a member of the Permanent Forces is required to proceed on furlough at the end of which he would attain the statutory age for the retirement or discharge of an officer or soldier of his rank, and the application of such member to be retired or discharged on the day next before that on which such furlough would commence is approved, he shall not, for the purposes of this regulation, be deemed to have had his appointment terminated, or to have been discharged at his own request.

(i) Where a member of the Permanent Forces, the statutory age for whose retirement is over 60 years, makes application to be retired on attaining the age of 60 years, or on any date thereafter, he shall not, if such application be approved, be deemed, for the purposes of this regulation, to have had his appointment terminated at his own request.

(j) In the event of the death of a married member of the Permanent Forces, his widow may be provided with free rail, steamer or coach transport for herself, and the children who were dependent upon the member at the time of his death, and may also be provided with free transport for necessary household furniture and effects in her possession, subject to the same conditions as would have applied to the member under sub-regulation (c) of this regulation if his appointment in the Permanent Forces had been terminated or he had been discharged therefrom prior to his death.”

6. Sub-regulation (i) of regulation 256 is amended by adding at the end the following words:—

“Provided that, when in the opinion of the Commanding Officer of the unit circumstances favour such a course, an issue of forage in kind at the prescribed scale may be made, in which case the route allowance for horses shall not be payable.”

7. Sub-regulation (f) of regulation 235 is repealed.


8. Insert the following heading and, regulation after regulation 237:―

“Chaplains.

237a. (1) A Chaplain detailed for duty at a Camp of Continuous Training may be granted, irrespective of his classification—

(i) Field Allowance at the rate of 3s. 6d. per diem, and rations, for each day of his authorized attendance at camp; provided that when a Chaplain is attached to a Divisional or Command Headquarters Mess he may be paid Field Allowance at the rate of 5s. per diem for each day of his authorized attendance at camp.

(ii) Travelling Allowance at the rate of £1 per diem, whilst proceeding to and from camp, except when accompanying troops who are rationed.

(iii) The allowances prescribed by this regulation shall be subject to reduction by or under the Financial Emergency Act 1931-1932 in the same manner as they would have been so subject had the regulation been in force at the time of the commencement of that Act.

(2) This regulation shall be deemed to have come into operation on the 1st day of July, 1933.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1933, No. 122, were enacted under the Defence Act 1903-1932 to address the need for updated financial and allowance regulations for the Australian Military Forces and senior cadets. The regulations were made by the Governor-General in Council, acting on the advice of the Federal Executive Council. The objective of these regulations was to establish and amend allowances for various services, including the provision of allowances for the use of privately-owned motor vehicles and bicycles for authorised training, as well as allowances for chaplains and other military personnel attending camps of continuous training. These regulations sought to ensure that military personnel were adequately compensated for their services while also providing financial oversight and control over the use of privately-owned vehicles for military purposes.

Scope and Application

The Regulations under the Defence Act 1903-1932 apply to members of the Australian Military Forces and senior cadets, detailing provisions for financial and allowance regulations. The regulations cover the payment of allowances for chaplains attending camps of continuous training, the allowance for use of privately-owned vehicles for training purposes, and various amendments to existing regulations concerning allowances, forage, and transport. These regulations extend to the Commonwealth of Australia, affecting military personnel and their families across the nation. Exclusions and exemptions are outlined within specific regulations, such as the provision of allowances for chaplains and the conditions under which allowances for vehicle use are payable. The regulations can be further extended or restricted through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The main operative sections of these regulations under the Defence Act 1903-1932 concern several amendments to existing provisions, as well as the introduction of new regulations. Regulation 100 has been amended to adjust the payment rates for chaplains attending camps of continuous training (sub-regulation (4)), and to limit the number of days for which payment can be made in a financial year (sub-regulation (4)(ii)). Sub-regulations (4)(iii) and (iv) provide conditions under which chaplains may be paid for attending multiple camps in a year, and specify the effective date of these provisions. Regulation 106 introduces new allowances for the use of privately-owned motor vehicles, motor cycles, and bicycles for training purposes, detailing the scale of payments and conditions of payment (sub-regulation (i)). Sub-regulation (ii) outlines the daily and mileage allowances for each type of vehicle, while sub-regulation (iii) clarifies that allowances are restricted to vehicles listed in the Training Establishments for the current year. Sub-regulation (iv) exempts the Department from liability for damage to vehicles used for training, except in cases where damage is directly attributable to military operations. Sub-regulation (v) places the responsibility on the member to maintain their vehicle in good order, and sub-regulation (vi) prohibits the free issue of petrol or lubricants to members eligible for allowances under this regulation. Other amendments include changes to the locations where allowances can be paid (sub-regulations (a) and (b) of regulation 105), the addition of new provisions concerning the Army Ordnance Corps (sub-paragraph (ii) of sub-regulation (b) of regulation 122), and adjustments to furlough and retirement provisions (sub-regulations (h), (i), and (j) of regulation 202). Additionally, sub-regulation (i) of regulation 256 has been amended to permit the issue of forage in kind under certain conditions, and sub-regulation (f) of regulation 235 has been repealed. A new regulation, 237a, has been introduced to outline allowances for chaplains attending camps of continuous training, including field and travelling allowances (sub-regulation (1)). The obligations and requirements imposed by these regulations primarily concern the payment of allowances to members of the Australian Military Forces and senior cadets for various purposes, such as the use of privately-owned vehicles for training, attendance at camps of continuous training, and the provision of transport for dependents of deceased members. Members who use their vehicles for training purposes are required to maintain them in good order and ensure they are fit for service at all times. The Department is not liable for damage to vehicles used for training, except in cases where the damage is directly attributable to military operations. Chaplains attending camps of continuous training are entitled to specific allowances, subject to the conditions outlined in the regulations. These obligations and requirements are designed to ensure that members and their families are adequately supported and compensated for their contributions to the Australian Military Forces. Breach of the provisions outlined in these regulations can result in various consequences, including financial penalties and disciplinary action. For instance, failure to maintain a vehicle in good order and ensure it is fit for service could result in the withholding of allowances or other penalties as deemed appropriate by the relevant authorities. Additionally, if a member or chaplain fails to adhere to the conditions outlined in the regulations, they may be subject to disciplinary action or other consequences as determined by the appropriate military or Defence authorities. While specific penalties are not outlined in the regulations, breaches of military law and regulations can result in a range of consequences, including fines, imprisonment, or other penalties as determined by the relevant authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.