STATUTORY RULES.
1922. No. 56.
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, unless otherwise stated.
Dated this twelfth day of April, 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.
Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921, are amended as follows :—
(a) Regulation 79, sub-paragraph (a), is cancelled and the following substituted therefor:—
“(a) Field Allowance at the rate of £100 per annum may be paid monthly in arrear to officers of the Survey Corps.”
Sub-paragraph (c) is cancelled.
(b) Regulation 107 is amended by adding the following, at the end of sub-paragraph (vi):—
“Or in lieu thereof such Continuous Training as may be prescribed in the approved syllabus of training for each financial year.”
(c) Regulation 122 (a) (i) is cancelled and the following substituted therefor:—
(i) In the case of Divisional and Mixed Brigade Commanders:
Production of a certificate by the Chief of the General Staff that the duties of the appointment have been efficiently performed for the period claimed for.
(i) (a) In the case of Brigade Commanders and Divisional Artillery Commanders :
Production of a certificate by the Divisional Commander that the duties of the appointment have been efficiently performed for the period claimed for.”
(d) Regulation 167 (a)—Delete the words “must be” in the first line and substitute therefor the words “should be” Delete the words “otherwise claims will not be considered” Cancel subparagraph (b).
(e) Regulation 187—Delete the words “must be” in the first line and substitute therefor the words “should be”. Delete the words “otherwise claims will not be considered” Cancel second paragraph.
(f) Regulation 196—Delete the following scale of allowances:—
| — | Daily Allowance. | Daily Allowance after One Week’s Residence in Same Place. | Weekly Allowance after Two Weeks’ Residence in Same Place: | Hourly Rate. |
| | s. | d. | s. | d. | s. | d. | 1/24th of the daily rate |
| Members of the Military Board | 22 | 6 | 20 | 0 | .. |
Inspector-General......... |
Lieut. General or Major-General holding temporary or substantive rank as such |
| Other members receiving pay over £750 p.a. | 20 | 0 | 18 | 0 | 70 | 0 |
| Members receiving pay— | | | | | | |
| From £601 to £750 p.a. | 18 | 6 | 16 | 6 | 62 | 6 |
| £501 to £600 p.a...... | 16 | 0 | 14 | 0 | 55 | 0 |
| £311 to £500 p.a...... | 13 | 6 | 11 | 6 | 45 | 0 |
| £310 and under p.a..... | 11 | 0 | 9 | 6 | 36 | 0 |
and substitute therefor, the following :—
| — | Daily Allowance for first 28 days’ Duty in Capital City of another State. | Daily Allowance after 28 days’ Duty in Capital City of another State. | Daily Allowance while travelling on Duty other than in Capital City of another State. |
| | s. | d. | s. | d. | s. | d. |
| (i) Members of the Military Board | | | | | | |
| Inspector-General........... | | | | | | |
| Lieut.-General or Major-General holding temporary or substantive rank as such | 25 | 0 | 22 | 6 | 22 | 6 |
| — | Daily Allowance | Daily Allowance after One Week’s Residence in Same Place. | Weekly Allowance after Two Weeks’ Residence in Same Place. | General. |
| | s. | d. | s. | d. | s. | d. | |
| (ii) Members, other than those referred to in sub-paragraph (i), receiving pay over £750 p. a. | 20 | 0 | 18 | 0 | 70 | 0 | Hourly rate l/24th of daily rate. While on duty in the Capital city of another State l/5th additional allowance shall be payable |
| Members receiving pay From £601 to £750 p. a. | 18 | 6 | 16 | 6 | 62 | 6 |
| From £501 to £600 p. a. | 16 | 0 | 14 | 0 | 55 | 0 |
| From £310 to £500 p. a. | 14 | 6 | 12 | 6 | 45 | 0 |
| under £310 p. a..... | 12 | 0 | 10 | 6 | 35 | 0 |
The above rates will have effect from the 3rd December, 1921.
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. 56 amends the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921. Enacted by the Commonwealth of Australia, the Regulations were introduced to address discrepancies and inefficiencies in the allowances and financial provisions for military personnel. The objective, as stated within the text, is to ensure that the financial support for military officers and senior cadets is both fair and reflective of their duties and responsibilities. This legislative instrument, made under the Defence Act 1903-1918, aims to streamline the allowance system to better support the operational needs of the Australian Military Forces and ensure that personnel are adequately compensated for their service.
Scope and Application
The Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921, under the Defence Act 1903-1918, apply specifically to members of the Australian Military Forces and senior cadets, encompassing officers of various ranks and their subordinates. The regulations govern the financial allowances, such as field allowances and duty allowances, that are payable to these individuals for their services, including specific allowances for different ranks and duties. The regulations are designed to ensure that members of the military are appropriately compensated for their service, taking into account the nature and location of their duties. These regulations are applicable on a Commonwealth level, impacting all members of the Australian Military Forces and senior cadets throughout the country. While the primary focus is on financial and allowance provisions, there are no specific exclusions or exemptions mentioned in these regulations; however, they are subject to amendments through subordinate instruments to adapt to changing circumstances or requirements.
Key Provisions
The main operative sections of this statutory instrument (C1922L00056) are concerned with financial and allowance regulations for the Australian Military Forces and Senior Cadets. Regulation 79 has been amended to provide a specific Field Allowance for officers of the Survey Corps, payable at the rate of £100 per annum and in arrears. This change replaces previous sub-paragraph (a) and cancels sub-paragraph (c). Regulation 107 is amended to include an option for Continuous Training, as prescribed in the approved syllabus of training for each financial year, in lieu of other specified training. Regulation 122 (a) (i) is revised to require a certificate from the Chief of the General Staff for Divisional and Mixed Brigade Commanders, confirming the efficient performance of duties for the claimed period. This replaces the previous requirement and also adjusts the certificate requirement for Brigade Commanders and Divisional Artillery Commanders, requiring a certificate from the Divisional Commander. Regulation 167 and Regulation 187 are altered to change the mandatory requirement of certain actions to a discretionary one, where claims "should be" submitted rather than "must be", and the previous warnings of non-consideration for unsubmitted claims are removed. Regulation 196 replaces the previous scale of allowances with a new set of rates applicable from 3rd December 1921, detailing daily and weekly allowances for various categories of military personnel based on their location and duration of duty.
These regulations impose specific obligations on the Australian Military Forces and Senior Cadets regarding the submission of claims for allowances and the provision of required certificates to substantiate these claims. Officers of the Survey Corps must ensure they claim their Field Allowance as per the new regulations, while Divisional and Mixed Brigade Commanders, Brigade Commanders, and Divisional Artillery Commanders must obtain the necessary certificates from the Chief of the General Staff and Divisional Commander, respectively, to support their claims. The regulations also detail specific allowances based on the rank and location of the military personnel, which must be adhered to when submitting claims. The adjustments to Regulations 167 and 187 shift the responsibility to the claimants to ensure their claims are submitted, although they remain encouraged to do so to avoid potential issues.
Breaches of these regulations may lead to non-consideration of allowance claims if they are not submitted as per the guidelines. Although the regulations do not explicitly state penalties for non-compliance, the omission of previous punitive measures may imply that failure to adhere to the new discretionary guidelines could result in the non-payment of allowances. Additionally, the failure to provide the required certificates from the Chief of the General Staff or Divisional Commander could result in the denial of claims for Divisional and Mixed Brigade Commanders, Brigade Commanders, and Divisional Artillery Commanders. These potential consequences underscore the importance of compliance with the new regulations to ensure the timely and rightful receipt of allowances.