STATUTORY RULES.
1921. No. 147.
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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.
Dated this twenty-ninth day of July, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Financial and Allowance Regulations for the Australian Military Fences and Senior Cadets, 1921.
Amendments.
(a) Regulation 44 is cancelled and the following substituted therefor:—
44. (a) A member of the Permanent Forces who is issued with rations under the provisions of Part XII. of these Regulations shall, unless otherwise prescribed in these Regulations, have the sum of 10s. per week deducted from his pay for each week of 7 days for which rations are issued, a proportionate deduction being made when rations are issued for portions of a week only.
(b) When rations are issued at Camps or Schools of Instruction deductions as under shall be made from the pay of the members concerned:—
(i) Members of units in which arrangements are ordinarily made for the issue of rations. Single members.—Deduction shall be made in accordance with sub-paragraph (a) of this regulation.
Married members.—The pay of a married member shall not be subject to deduction on account of the issue of rations.
(ii) Members of units in which arrangements are not ordinarily made for the issue of rations.
Single members.—Where attendance at Camp or School does not exceed a period of fourteen days’ continuous absence from usual place of residence, no deduction for rations shall be made, but where rations are issued for any period in excess of fourteen days, deduction in accordance with sub-paragraph (a) of this regulation shall be made for such period in excess of fourteen days.
Married members.—Provided that absence overnight of the member from his usual place of residence is necessitated, he shall be eligible for a free issue of rations during his attendance at the Camp or School.
(b) Add the following sentence at the end of regulation 213:—
Members of the Permanent Forces shall be liable to deductions from pay for rations so issued, in accordance with sub-paragraph (b) of regulation 44.
(c) Regulation 253.—
Delete the words “shall be allowed daily a ration”. After the words “necessitating residence in Camp” insert the following words “a ration shall be issued daily for”.
Add now sub-paragraph (6) after sub-paragraph (5)—
“(6) The provisions of sub-paragraph (b) of regulation 44 shall apply to members of the Permanent Forces who are issued with rations in accordance with the preceding sub-paragraphs of this regulation.”
The above amendments to have effect from 1st May, 1921.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Financial and Allowance Regulations for the Australian Military Fences and Senior Cadets, 1921, was enacted by the Governor-General in Council under the Defence Act 1903-1918 to amend the financial regulations governing the provision of rations to military personnel. The intent was to provide a clearer and more consistent framework for the deduction of payments for rations issued to members of the Permanent Forces, addressing any ambiguity or inconsistency that may have previously existed in the regulations. This legislative instrument aims to ensure that the financial obligations related to the provision of rations are transparent and applied uniformly across different units and circumstances. The regulations were introduced to take effect immediately, reflecting the need for prompt and precise adjustments to military allowances and financial practices.
Scope and Application
The Regulations Under the Defence Act 1903-1918, as amended by Statutory Rules 1921 No. 147, apply specifically to members of the Australian Permanent Forces. These regulations govern financial and allowance matters for those in the military, including deductions for rations provided under Part XII of the Regulations. The amendments introduced by these rules took effect from 1 May 1921 and pertain to the financial deductions made from the pay of military personnel when they are issued rations, with specific provisions differentiating between single and married members, as well as the duration of their attendance at camps or schools of instruction. These regulations cover the entire Commonwealth of Australia, as they are made under the authority of the Defence Act 1903-1918 and thus have a national reach. The amendments also clarify that deductions must be made in accordance with specified sub-paragraphs, ensuring a consistent application across all military units and scenarios.
Key Provisions
The key provisions of the Statutory Rules 1921 No. 147, made under the Defence Act 1903-1918, primarily concern the financial and allowance regulations for the Australian Military Forces and Senior Cadets. Regulation 44 (a) outlines that members of the Permanent Forces issued with rations will have a weekly deduction of 10 shillings from their pay, with specific exceptions for married members and those in units where rations are not ordinarily issued. Regulation 44 (b) adds that members of the Permanent Forces must be liable to deductions from their pay for rations, in accordance with sub-paragraph (b) of regulation 44. Regulation 213 is amended to include a sentence stating that members of the Permanent Forces shall be liable to deductions from pay for rations issued. Furthermore, Regulation 253 is modified to specify that a ration will be issued daily for members necessitating residence in camp, with the provisions of sub-paragraph (b) of regulation 44 applying to these members.
The obligations imposed on the parties governed by these regulations include ensuring that deductions from pay are correctly applied to members of the Permanent Forces who are issued with rations. For example, single members of units where rations are ordinarily issued must have 10 shillings deducted per week from their pay, while married members in such units are exempt from this deduction. Members of units where rations are not ordinarily issued face different deductions depending on the duration of their absence from their usual place of residence. Married members in these units are entitled to a free issue of rations if they are required to stay overnight away from their usual place of residence.
Failure to comply with the financial and allowance regulations outlined in these provisions may result in civil or criminal consequences. While the specific penalties are not detailed in the regulations, breaches of Defence Act 1903-1918 or related regulations can typically lead to fines, imprisonment, or other penalties as prescribed by law. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions or amendments made to the Defence Act or related legislation.