Financial and Allowance Regulations for the Military Forces of the Commonwealth (Amendment) (Provisional)

Overview

Statutory Rules 1913 No. 40, enacted in 1913, is a legislative instrument that amends the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth under the Defence Act 1903-1912. This legislative instrument was introduced to address the urgent need to modify the existing regulations concerning the pay of armament artificers within the permanent forces. The enacting body was the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The overarching policy objective is to ensure that the financial and allowance regulations are updated to meet the evolving needs of the military forces promptly, as indicated by the urgency clause which allows the regulation to come into operation immediately from the specified date.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, as detailed in Statutory Rules 1913 No. 40, apply specifically to the military forces of the Commonwealth of Australia. These regulations govern various aspects of military personnel, including financial and allowance matters. The regulations pertain to the pay of permanent forces, particularly targeting Warrant Officer Artificers, and have been amended to remove restrictions on the number of such positions, previously limited to two, one in New South Wales and one in Victoria. The regulations' application is confined to the federal level, reflecting the Commonwealth's authority over military matters. Notably, these provisions came into effect immediately on 1st January 1913, underscoring their urgent nature, and are designated as provisional, implying potential further adjustments through subsequent legislative instruments. The regulations' scope is limited to the specified amendment concerning the pay of Warrant Officer Artificers, without broader exclusions or exemptions mentioned in the text.

Key Provisions

The Provisional Regulations under the Defence Act 1903-1912, specifically detailed in Statutory Rules 1913 No. 40, pertain to the financial and allowance regulations for the military forces of the Commonwealth. The main operative sections of these regulations are found in Part IV, which addresses the pay of permanent forces. Section 82(a) of these regulations concerns the pay of Armament Artificers, and the amendment to this section removes a specific limitation that was previously in place. The amendment involves the deletion of an asterisk after the phrase "Warrant Officer Artificers," which was accompanied by a footnote specifying a limit of two such positions—one in New South Wales and one in Victoria. The obligations and requirements imposed by these regulations pertain to the payment structure for certain military personnel. By removing the limitation on the number of Warrant Officer Artificers, the regulations now allow for the potential appointment of more than two Warrant Officer Artificers across New South Wales and Victoria. This change may facilitate greater flexibility in staffing and operational requirements for armament artificers within the military forces, allowing for adjustments based on evolving needs and circumstances. In terms of consequences for non-compliance, the regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaching the provisions. However, as these regulations are established under the Defence Act 1903-1912, any breaches may still be subject to the general legal and disciplinary measures provided within that Act. This might include administrative actions, fines, or other penalties as deemed appropriate by the relevant military or governmental authorities. The specific outcomes would depend on the nature and severity of the breach, as well as the broader legal framework governing military conduct and financial regulations.