STATUTORY RULES.
1932. No. 6.
REGULATION UNDER THE DEFENCE ACT 1903-1927.
I, THE GOVERNOR-GENERAL of 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.
Dated this fourteenth day of January, 1932.
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 50 is amended by deleting the words “(b) Allowances payable under F.R. 228 (e)” in paragraph (b) (iv) and substituting the words “(b) Allowances payable under F.R. 78.”
2. Regulation 161a is cancelled and the following substituted therefor:—
“161a. All amounts payable under this Part shall be calculated in accordance with the Regulations therein, but no amount shall be paid in respect of any member who is a contributor to the Commonwealth Superannuation Fund in excess of the maximum amount payable in respect of that member under the provisions of the Commonwealth Employees’ Compensation Act 1930, if that Act applied.”
3. Regulation 166 is amended by deleting the words—
“An allowance not exceeding 12s. 6d. per day in the case of an officer and 10s. a day in the case of a soldier together with an allowance of 5s. per week in respect of each child under 14 years of age dependent upon him”
and substituting the following words therefor:—
“An allowance not exceeding 14s. 2d. per diem in the case of an officer and 11s. 8d. per diem in the case of a soldier together with an allowance of 7s. 6d. per week in respect of each child under 14 years of age dependent upon him.”
By Authority: H. J. Green, Government Printer, Canberra.
3825.—Price 3d.
Overview
The Statutory Rules 1932 No. 6, enacted under the Defence Act 1903-1927, are Regulations that aim to provide financial and allowance regulations for the Australian Military Forces and Senior Cadets. These Regulations were made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into operation immediately. The primary objective of these Regulations is to amend and update existing financial and allowance provisions to ensure they align with current requirements and legal frameworks. The Regulations specifically address adjustments to allowances for military personnel and their dependents, reflecting changes in cost of living and other relevant factors, as well as incorporating provisions from other Acts such as the Commonwealth Employees' Compensation Act 1930.
Scope and Application
The Statutory Rules 1932, No. 6, made under the Defence Act 1903-1927, encompass regulations governing financial and allowance provisions for the Australian Military Forces and senior cadets. These regulations apply specifically to members of the Australian Military Forces, including officers and soldiers, as well as senior cadets, ensuring that their financial and allowance entitlements are calculated in accordance with the specified regulations. The amendments to these rules, particularly the alterations to specific allowances and the maximum payable amounts, are designed to streamline and update the financial support mechanisms for these military personnel and cadets. The changes are effective immediately upon the issuance of the regulations. The scope of these regulations is confined to the Australian Commonwealth, and they do not extend to state or territory jurisdictions, reflecting the federal nature of the Defence Act under which they are enacted.
Key Provisions
The regulations outlined in Statutory Rules 1932, No. 6, pertain to financial and allowance regulations for the Australian Military Forces and Senior Cadets, made under the Defence Act 1903-1927. They address several amendments to existing financial regulations, particularly focusing on allowances and compensation payable to military personnel. For instance, Regulation 50 has been amended to adjust the allowance categories, removing certain references to previous allowances and substituting them with new ones (Regulation 50). Another significant amendment is the replacement of Regulation 161a, which now stipulates that all payable amounts must adhere to the regulations but cannot exceed the limits set by the Commonwealth Employees' Compensation Act 1930 for those contributing to the Commonwealth Superannuation Fund (Regulation 161a). Additionally, Regulation 166 has been altered to update the daily allowances for officers and soldiers, as well as the weekly allowances for dependent children under 14 years of age (Regulation 166).
These regulations impose specific obligations on the Defence Department and other relevant entities to ensure that financial and allowance calculations for military personnel are consistent with the updated provisions. The Department must ensure that all calculations align with the new allowances specified in the regulations, and they must verify that any payments made do not exceed the limits set by other applicable Acts, such as the Commonwealth Employees' Compensation Act 1930. Additionally, the regulations necessitate adjustments in the administrative processes to reflect the updated allowances for officers and soldiers, and for dependent children, ensuring that all stakeholders are aware of and comply with the new financial structures.
Failure to adhere to these regulations can result in significant consequences. For example, overpayments made in excess of the specified limits can lead to financial discrepancies and potential legal ramifications for both the Defence Department and the recipients. While the regulations do not explicitly outline specific offences or penalties, breaches of these financial provisions could potentially result in disciplinary actions, financial penalties, or legal disputes. The implications of non-compliance could also extend to administrative reviews and corrective actions to rectify any financial mismanagement or overpayments made under the previous allowances.