STATUTORY RULES.
1904. No. 79.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903.
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 Act 1903 should come into immediate operation, and make the Regulations to come into operation forthwith, as Provisional Regulations.
Dated this 13th day of December, One thousand nine hundred and four.
NORTHCOTE,
Governor-General.
By His Excellency's Command,
J. W. McCAY.
Amendment of the Financial and Allowance Regulations for
the Military Forces of the Commonwealth, 1904.
Part I.—Section 11.—General Instructions.
Cancel sub-paragraph (f) of paragraph 5, and substitute the following therefor :—
(f) To approve, in accordance with paragraphs 217 and 218 of Part V. of the Regulations for the Military Forces, of the striking off charge of stores damaged or deficient, provided that the expenditure comes within the aggregate amount that is authorized to be incurred per month, as detailed hereunder.
Should the expenditure in any case be in excess of such aggregate amount, reference should be made, through the proper channel, to the Minister.
The value of the stores struck off is to be shown in the monthly schedule of expenditure incurred by Commandants.
Part VI.—Allowances.
The sub-heading, " Section III.—Schools of Instruction," to be altered to read, " Section III.—Schools of Instruction and Staff Rides."
The words " Schools of Instruction " to be inserted as a sub-heading to paragraphs 124 to 128, inclusive.
At the end of section III., the following additional Regulations to be inserted :—
Staff Rides.
128a. Commandants will be responsible that, in connexion with staff rides, such arrangements are made as will insure economy ; and they can authorize an expenditure at a rate not exceeding 6s. per diem for subsistence, and 5s. per diem for forage, in the case of each officer attending staff rides ; but these rates are not to be allowed as commuted rates.
Wherever practicable, arrangements should always be made for supplying the rations and forage ; but where the same is impracticable, officers will be allowed to claim for the expenditure they have actually incurred, not exceeding the above-mentioned rates.
128b. In addition to the above, Commandants are authorized to grant an allowance of 5s. per diem to each officer of the Militia and Volunteer Forces attending staff rides.
128c. Officers will be allowed their travelling expenses whilst actually proceeding to and from the locality in which the staff ride may be held.
By Authority : Robt. S. Brain, Government Printer, Melbourne.
Overview
The Statutory Rules 1904 No. 79, enacted on 13th December 1904, serve as Provisional Regulations under the Defence Act 1903. These regulations were introduced due to an urgent need to amend the Financial and Allowance Regulations for the Military Forces of the Commonwealth. The Governor-General, acting on advice from the Federal Executive Council, certified these regulations to come into immediate operation to address the pressing financial and administrative needs of the military forces. The regulations aim to provide clearer guidelines for the approval of charges for damaged or deficient stores and introduce provisions for staff rides, including allowances and expenses for officers attending such events. The overarching policy objective is to ensure effective financial management and operational efficiency within the military forces.
Scope and Application
The Provisional Regulations under the Defence Act 1903, specifically the Financial and Allowance Regulations for the Military Forces of the Commonwealth, 1904, apply to the financial and allowance management within the military forces of the Commonwealth. These regulations encompass the financial oversight of stores, allowances for officers, and provisions for staff rides, with an emphasis on ensuring expenditures are within authorized limits. The regulations apply to entities and individuals within the military forces, including Commandants and officers of the Militia and Volunteer Forces. The geographic reach of these regulations is national, as they pertain to the Commonwealth of Australia. The regulations provide detailed guidelines for the approval of charges for damaged or deficient stores, allowances for schools of instruction, and additional allowances for staff rides, including specific rates for subsistence and forage. These regulations are designed to ensure that financial transactions within the military forces are managed efficiently and within the prescribed budget, with any exceeding expenditures to be referred to the Minister.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Act 1903 involve significant amendments to financial and allowance regulations for the Military Forces. Section 11 provides that Commandants can approve the striking off charge of stores damaged or deficient, subject to certain monetary limits, and if these limits are exceeded, the matter must be referred to the Minister (Section 11(f)). Additionally, Part VI revises allowances, particularly regarding Schools of Instruction and Staff Rides. The sub-heading for Section III is amended to include "Staff Rides," and new sub-paragraphs are added to establish specific allowances and conditions for such rides, including rates for subsistence and forage, and allowances for officers attending these rides (Section 128a, 128b, 128c).
These Regulations impose several obligations on the parties they govern. Firstly, Commandants are mandated to ensure that arrangements for staff rides are made economically and that any expenditure on rations and forage adheres to the prescribed rates (Section 128a). They are also responsible for recording the value of stores struck off in the monthly schedule of expenditure. Secondly, officers attending staff rides must claim their actual expenditure, not exceeding the specified rates, if supplying rations and forage is impracticable (Section 128b). Moreover, Commandants must authorize an allowance of 5s. per diem to each officer of the Militia and Volunteer Forces attending staff rides and ensure that officers’ travelling expenses are reimbursed (Section 128c).
The Regulations establish clear consequences for breaches, although specific penalties are not detailed within the text. Generally, under the Defence Act 1903, breaches of financial regulations could lead to civil or criminal penalties, including fines or imprisonment, depending on the severity and nature of the breach. The regulations underscore the importance of adherence to financial controls and accurate record-keeping to avoid potential legal repercussions.