STATUTORY RULES.
1933. No. 110.
––––––––
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 eleventh day of October, 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. Sub-regulation (b) of regulation 50 is amended by the cancellation of the proviso at the end of sub-paragraph (i) of the sub-regulation, and by the insertion of the following words in lieu thereof:—
“Provided that payment shall not be made under this regulation in respect of any period prior to the date three months earlier than that upon which a member makes written application to his Commanding Officer for payment of the allowance, except that in the case of a member serving abroad, restrospective payment may be made from such date as may be approved by the Minister. This proviso shall be deemed to have come into operation on the 30th day of June, 1932.”
2. Regulation 248 is repealed and the following new regulation is substituted therefor:—
“248. (i) At the discretion of the Military Board the peace ration scales prescribed in these Regulations may be commuted to a cash allowance, which, subject to the provisions of sub-regulation (ii) of this regulation, shall constitute the equivalent entitlement of the issue in kind. This cash allowance shall be utilized only for the purchase of provisions so as to provide a ration varied from the standard ration scale. The method of computing the commuted ration allowance and its utilization for messing purposes shall be as laid down by the Military Board.
(ii) In the case of units of the Permanent Military Forces the commuted ration allowance shall at the discretion of the Military Board be either an amount not exceeding sixteenpence halfpenny or an amount calculated in accordance with sub-regulation (i) of this regulation, whichever is the greater, provided that this sub-regulation shall not apply to members of the Permanent Forces when they are in Militia or Volunteer Force camps, bivouacs or the like.”
(iii) This regulation shall be deemed to have come into operation on the 1st day of September, 1933.
3. Regulation 258 is amended by the deletion of the following words:— “The standard ration for the Permanent Military Forces in Barracks or Stationary quarters in Peace shall be as under”, and by the substitution of the following words in lieu thereof:—
“The standard ration for the Permanent Military Forces in peace time (except when in Militia or Volunteer Force camps, bivouacs or the like) shall be as under”.
4. Regulation 259 is amended by the deletion of the word “Permanent” in the first sentence thereof; and by the insertion of the following words at the end of the regulation:—
“The standard ration for members of the Permanent Military Forces when they are in Militia or Volunteer Force camps, bivouacs or the like shall be as prescribed by this regulation.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1933 No. 110, made under the Defence Act 1903-1932, were enacted to address issues pertaining to financial and allowance regulations for the Australian Military Forces and senior cadets. The Governor-General in Council, on the advice of the Minister of State for Defence, introduced these regulations to amend existing provisions to ensure clarity and updated procedures in the financial management of the military. These amendments include modifications to the payment of allowances, the commutation of ration scales to cash allowances, and adjustments to the standard ration scales for military personnel, reflecting policy objectives to streamline and enhance administrative efficiency within the military forces.
Scope and Application
The Regulations under the Defence Act 1903-1932, specifically detailed in Statutory Rules 1933, No. 110, apply to members of the Australian Military Forces and senior cadets, governing their financial and allowance entitlements. These regulations, which amend and substitute previous rules, set out provisions concerning allowances, ration scales, and the commutation of ration scales to cash allowances at the discretion of the Military Board. The regulations also specify that certain provisions apply to members of the Permanent Military Forces when they are in Militia or Volunteer Force camps, bivouacs, or the like. The geographic and jurisdictional reach of these regulations is national, as they are made under the authority of the Commonwealth of Australia. The regulations do not explicitly state exclusions or exemptions, but they do detail specific circumstances under which certain provisions do not apply. The scope of the regulations can be extended or modified through subordinate instruments, as indicated by the amendments and substitutions made in this legislative instrument.
Key Provisions
The primary operative sections of the Regulations under the Defence Act 1903-1932, as amended, pertain to financial and allowance regulations for the Australian Military Forces and Senior Cadets. These regulations establish and modify the allowances and entitlements for military personnel, including pay, ration scales, and cash allowances. For instance, Regulation 50 (1) is amended to stipulate conditions under which payments are made to members for allowances, specifying a three-month application period before payment can be made, with an exception for members serving abroad (section 1). Regulation 248 (2) introduces a new regulation allowing the Military Board to commute peace ration scales to a cash allowance, which must be used for purchasing provisions to provide a varied ration (section 2). Additionally, Regulation 258 and 259 make specific amendments to the standard ration for the Permanent Military Forces, clarifying the circumstances under which these rations apply (sections 3 and 4).
The Act imposes several obligations and requirements on the parties and entities it governs. For instance, members of the Australian Military Forces must submit written applications for allowances within the specified timeframes to be eligible for payment. The Military Board holds the discretion to commute ration scales to cash allowances, ensuring that any such allowances are used appropriately for purchasing provisions. Furthermore, the Act mandates that the standard ration for military personnel be adhered to, with specific provisions for members in different types of camps or bivouacs.
Failure to comply with the provisions of the Act may result in various consequences. While the specific offences, penalties, or consequences for breaches are not detailed within the excerpt provided, it is reasonable to infer that non-compliance with financial regulations and allowances could lead to disciplinary action, financial penalties, or other administrative repercussions. The Act, in its broader context, may include provisions for enforcement mechanisms to ensure adherence to these regulations, although such details are not explicitly outlined in the excerpt.