STATUTORY RULES.
1924. No. 119.
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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 fifteenth day of August, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
E. K. BOWDEN,
Minister of State for Defence.
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Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921.
(Statutory Rules 1921, No. 82, as amended to this date.)
Amendments.
A. Regulation 135 is amended by deleting the words “School of Gunnery” and inserting in lieu thereof the words “Artillery Schools of Instruction”.
B. Regulation 138 is amended by adding the following to sub-paragraph (2) thereof:—
“Civilian medical practitioners may be paid the rate of Field Allowance as prescribed for Captain in regulation 235 for such periods as they are employed in Camps or Schools and mess in the Officers’ Mess under circumstances which involve the payment of Field Allowance”.
C. Regulation 201 is cancelled and the following substituted therefor:—
“201. Motor cars may be hired for journeys where such means of conveyance would be cheaper than normal means of transport, due regard being paid to the amount of travelling allowance involved and the amount of time to be occupied on the journey. Motor cars may also be hired for such official duties as cannot efficiently be performed by the medium of normal means of transport”.
D. Regulation 207 is cancelled and the following substituted therefor:—
“207. (a) A member (not including Survey Section R.A.E.) not in receipt of horse allowance, who provides his own means of conveyance in lieu of ordinary available means of transport for journeys exceeding three miles which have been approved is connexion with official military duty, may, subject to the following conditions, receive an allowance in respect of the use of such conveyance, as under:—
| Per mile. |
Four-wheeled motor cars of and over 10 horse-power......... | 8d |
Four-wheeled motor cars under 10 horse-power, tri-cars and motor cycles with side-cars | 5d |
Motor cycles without side-cars......................... | 4d. |
Other means of conveyance.......................... | First 20 miles 3d. per mile, each additional mile over 20, 1½. per mile. |
The higher rate allowed for the use of a motor cycle with side-car attached will be payable when the combination is actually used and will not be confined to occasions on which the use of a side-car is necessary.
(b) In no case shall the allowance drawn under this regulation together with travelling allowance exceed the amount that would be payable by the Department for fares or hire of conveyance and travelling allowance had the cheapest normal means of conveyance been utilized.
(c) A certificate from the officer authorizing the journey must be attached to the claim for payment of the allowance that the use of the member’s own means of conveyance has resulted in greater efficiency and/or saving than would have been the case had normal means of conveyance been utilized.
(d) No payment shall be made by the Department under the above authority—
(i) for wear and tear of, or damage occasioned to or by such private means of conveyance;
(ii) for distances travelled between the residence of the member and his usual Head-quarters, Drill Hall or place of assembly.
(e) Free issues of petrol shall not be made to members who use their own motor cars or motor cycles on official duty.”
E. Regulation 263 sub-paragraph (b) is amended as follows:—
“Cancel the words ‘during the period of the account’ in the second line and the words ‘for each unit’ in the third line. After the word ‘summarized’ in the second line add the word ‘daily’.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1924 No. 119, enacted under the Defence Act 1903-1918, addresses the need for updated financial and allowance regulations for the Australian Military Forces and Senior Cadets. These regulations were made by the Governor-General in the Commonwealth of Australia, with the advice of the Federal Executive Council. The primary policy objective of these regulations is to ensure that the allowances provided to military personnel and their families are fair, efficient, and reflective of the current circumstances and needs of the Defence Force. The regulations cover a range of allowances, including changes to the allowances for motor vehicle hire and the use of private vehicles for official duties, as well as the payment of field allowance to civilian medical practitioners. These amendments aim to provide a more flexible and cost-effective system for the allocation of resources within the Defence Force.
Scope and Application
The Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921, as amended, apply to members of the Australian Military Forces, including senior cadets, and to civilian medical practitioners who are employed in camps or schools and mess in the Officers' Mess under circumstances that involve the payment of field allowance. These regulations are made under the Defence Act 1903–1918 and have a national jurisdictional reach, applying throughout the Commonwealth of Australia. The regulations govern financial and allowance matters for the military, including provisions for the hiring of motor cars for official duties, allowances for the use of private means of conveyance for approved journeys, and the payment of field allowances to civilian medical practitioners. The regulations also include specific exclusions, such as not allowing payment for wear and tear of, or damage to, private means of conveyance, and for distances travelled between a member's residence and their usual headquarters, drill hall, or place of assembly. These regulations are administered and enforced under the authority of the Commonwealth of Australia.
Key Provisions
The key provisions of these regulations, which amend the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921, include several updates to the allowances and conditions under which certain payments can be made. Regulation 135 has been updated to change the reference from "School of Gunnery" to "Artillery Schools of Instruction" (Regulation 135). Regulation 138 has been amended to allow civilian medical practitioners to receive the Field Allowance rate as prescribed for a Captain under certain conditions (Regulation 138(2)). Regulation 201 has been replaced with new provisions permitting the hiring of motor cars for official duties where it is more economical than other means of transport, while taking into account the amount of travelling allowance and time involved (Regulation 201). Similarly, Regulation 207 has been revised to set out specific allowances for members using their own motor vehicles for approved military journeys, with conditions attached to the payment of such allowances (Regulation 207(a)-(e)). Lastly, Regulation 263 has been modified to ensure that financial summaries are done daily rather than at the end of an account period (Regulation 263(b)).
These regulations impose several obligations on military personnel and the Department. Personnel must ensure that any claims for allowances are accompanied by the necessary certificates from the authorizing officer, confirming that the use of personal conveyance has resulted in greater efficiency or savings (Regulation 207(d)). The Department, in turn, must ensure that payments are made in accordance with these regulations and that no claims are processed for wear and tear or damage to personal vehicles (Regulation 207(d)(i)). Furthermore, the Department must verify that the total allowance paid, including the travelling allowance, does not exceed the cost of using the cheapest normal means of transport (Regulation 207(b)).
Failure to comply with these regulations can result in various consequences. While specific offences and penalties are not detailed in the regulations themselves, breaches of financial and allowance provisions could potentially lead to disciplinary actions under the Defence Act 1903–1918 or other applicable legislation. Incorrect claims or misuse of allowances may result in financial penalties or repayment of the amounts received improperly. Additionally, officers authorizing journeys may face accountability if they fail to ensure that the conditions for allowances are met, potentially leading to administrative or disciplinary measures.