STATUTORY RULES.
1906. No. 111.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903–1904.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Defence Acts 1903–1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this eleventh day of December, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
T. PLAYFORD.
Amendment of the Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Regulation 144 is repealed, and the following Regulation is substituted therefor:—
Courts Martial, Boards, &c.
144. Officers of the Citizen Forces acting as members of Courts Martial (except while their corps is attending parade or encampment) or attending meetings of the Military Board or the Promotion Board or of any committee appointed with the approval of the Minister will, subject to the approval of the Commandant, receive allowances as follows for each day or part of a day whilst necessarily absent from their respective Head-quarters:—
Militia Officers.—An allowance equal to the rate of pay of their respective ranks.
In calculating the allowance for a part of a day, the daily rate of pay shall be reckoned as for a day of eight hours, but not more than one day’s pay shall be granted for any period of twenty-four hours.
No travelling allowance shall be drawn when pay is claimed.
Volunteer Officers.—The travelling allowance of their respective ranks.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.13584.—Price 3d.
Overview
The Statutory Rules 1906, No. 111, enacted under the Defence Acts 1903–1904, addresses the urgent need for amendments to the financial and allowance regulations for the military forces of the Commonwealth. These Provisional Regulations, certified by the Governor-General in Council, were introduced to provide clarity and immediate effect regarding allowances for militia officers and volunteer officers participating in military duties outside their usual attendance at parades or encampments. The policy objective is to ensure that these officers are adequately compensated for their time and travel when required to serve in various capacities, such as members of Courts Martial or Military Boards, thereby maintaining operational readiness and efficiency within the military forces.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904 primarily concern the amendment of financial and allowance regulations for the military forces of the Commonwealth. Specifically, Regulation 144 has been repealed and replaced to address allowances for officers of the Citizen Forces who serve on Courts Martial, Military Boards, Promotion Boards, or any committee approved by the Minister. These officers are entitled to allowances when they are absent from their headquarters for duty, excluding times when their corps is on parade or encampment. The allowance is based on their rank, calculated as the daily pay for an eight-hour day, but limited to a maximum of one day’s pay for any 24-hour period. Notably, no travelling allowance is to be claimed when the officer is also claiming their daily pay. The application of these regulations is confined to officers within the Citizen Forces and does not extend to other entities or individuals outside this scope. The regulations have an immediate effect as they are designated as provisional regulations under the Defence Acts 1903–1904, which grants them urgency and immediacy in their enforcement.
Key Provisions
The Provisional Regulations under the Defence Acts 1903–1904, particularly Regulation 144, establish the allowances for officers of the Citizen Forces who serve on Courts Martial, Military Boards, Promotion Boards, or any committee approved by the Minister. Specifically, Regulation 144 outlines that such officers, when away from their headquarters for official duties and not during parades or encampments, will receive allowances. For militia officers, the allowance is equivalent to their daily pay rate, calculated for an eight-hour day, but limited to a maximum of one day’s pay for any 24-hour period. Importantly, no travel allowance can be claimed when the officer is already receiving pay for their service. Volunteer officers, on the other hand, will receive the travel allowance corresponding to their rank.
The Act imposes specific obligations on these officers to ensure they adhere to the prescribed allowances and conditions. For instance, militia officers must be absent from their headquarters for official duties to qualify for the allowance, while volunteer officers must be away from their headquarters for service-related reasons. Additionally, all officers must obtain approval from the Commandant for their participation in these roles. The allowance claims must strictly comply with the regulations, particularly regarding the maximum pay limit and the prohibition of combining travel and daily allowances.
Failure to comply with the provisions set out in the Regulations may result in disciplinary or administrative consequences. Although the specific penalties are not detailed in the text, breaches of military regulations generally can lead to various sanctions, including financial penalties, administrative reprimands, or other disciplinary measures as determined by the appropriate military authority. The precise consequences would be governed by additional military law provisions and the specific circumstances of the breach.