STATUTORY RULES.
1922. No. 122.
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 specified.
Dated this eighth day of September, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Defence.
Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921.
Amendments.
A. Regulation 37 is amended by deleting tile figures “£1,200” shown opposite the appointment of “Commandant, Royal Military College” and substituting the figures “£1,100” therefor.
To have effect as from 1st August, 1922.
B. Regulation 207 is repealed and the following substituted therefor:—
“(a) Members (not including Survey Section, R.A.E.) not in receipt of horse allowance, who provide their own means of conveyance in lieu of available ordinary means of transport, for journeys exceeding three miles which have been approved in connexion with official military duty, may receive an allowance equal to the cost of one adult rail or other fares that would have been incurred had the ordinary means of conveyance been used, and, in addition may be paid the travelling or meal allowance prescribed in regulation 196. Provided that no payment shall be made in excess of the amount that would have been incurred for fares, or hire of a conveyance, and travelling allowance had the cheapest available ordinary means of conveyance been used. Provided also that in every case it must be certified by the officer authorizing the journey that the use of the member’s own means of conveyance will result in greater efficiency and saving of time than would be the case if ordinary means of conveyance were utilized. This certificate must be attached to the claim when rendered for payment.
(b) No payment shall, however, be made by the Department under the above or any other authority—
(1) for wear and tear of, or damage, occasioned to or by, such private means of conveyance;
(2) for distances travelled between the residence of the member and his usual Head-quarters, drill hall, or place of assembly”.
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. 122, enacted by the Governor-General in Council under the Defence Act 1903-1918, introduce amendments to the financial and allowance regulations for the Australian Military Forces and Senior Cadets. This legislative instrument aims to address the need for adjustments to specific financial provisions within the military framework, such as the remuneration for the Commandant of the Royal Military College and the allowances for travel expenses for military members. The policy objective, as implied by the amendments, is to ensure efficient financial management and to provide fair compensation for military personnel, reflecting the evolving needs and circumstances of the defence forces during this period.
Scope and Application
The Statutory Rules 1922, No. 122, issued under the Defence Act 1903-1918, pertain specifically to financial and allowance regulations for members of the Australian Military Forces and senior cadets. These regulations apply to members of the military, including senior cadets, and are designed to govern financial matters and allowances related to their service. The regulations concern allowances for the use of personal means of conveyance for official military duties, detailing the circumstances under which such allowances can be claimed and the limitations on these claims. The regulations also cover specific amendments to existing allowances and the repeal of certain provisions to ensure that financial practices remain up-to-date and aligned with military needs. This legislative instrument is applicable across the Commonwealth of Australia, reflecting its national scope and the uniform application of defence-related financial regulations. While the regulations primarily govern financial allowances, they do not extend to other areas of military conduct or personal conduct outside the scope of military duty.
Key Provisions
The Regulations under the Defence Act 1903-1918, specifically Statutory Rules 1922 No. 122, detail amendments primarily related to financial and allowance regulations for the Australian Military Forces and senior cadets. These regulations were made to come into operation immediately unless otherwise specified. The main operative sections, as outlined in the regulations, include modifications to financial allowances and the allowance for the use of private means of conveyance for approved official military duty journeys. For example, Regulation 37 has been amended to reduce the allowance for the Commandant of the Royal Military College from £1,200 to £1,100. Additionally, Regulation 207 has been repealed and replaced with a new regulation that allows members of the forces, excluding the Survey Section of the Royal Australian Engineers, to receive an allowance for using their own conveyances for approved journeys over three miles, provided it is certified that this results in greater efficiency and time-saving compared to using ordinary means of transport.
The obligations and requirements imposed by these regulations are primarily administrative and financial in nature. They necessitate that members who wish to claim allowances for using their own conveyances must obtain a certificate from an authorizing officer confirming that their use of personal transport will be more efficient. This certificate must be attached to their claim for payment. Moreover, the regulations stipulate that no payment shall be made for wear and tear or damage to private conveyances, nor for travel between a member's residence and their usual headquarters, drill hall, or place of assembly. The financial management of these allowances also includes ensuring that no payment exceeds the cost of the cheapest available ordinary means of conveyance, including fares and any prescribed travelling or meal allowance.
Failure to comply with these regulations may result in various consequences. Although the specific offences and penalties are not detailed in the text, under general principles of administrative law, breaches of such regulations could potentially lead to financial penalties, administrative sanctions, or other corrective measures as deemed appropriate by the relevant authorities. The maximum penalties, if applicable, would likely be determined by the Defence Act 1903-1918 or other related legislation, but they are not explicitly stated in the provided text. Given the nature of the regulations, severe or repeated breaches could also result in disciplinary actions against the members involved.