PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT
1903-1912.
Amendments to Financial and Allowance Regulations 167, 169, and 170.
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 1903-1912, should come into immediate operation, and, further, should be taken to have come into operation on and from the 1st October, 1912, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this thirtieth day of May, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency's Command,
FRANK G. TUDOR.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendments.
Special Allowance to Officers of the Citizen Forces.
Regulations 167, 169, and 170 are cancelled, and the following substituted therefor :—
167. 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 Promotion Board, or of any Court, Board, or Committee, appointed with the approval of the Minister, shall receive an allowance as under, for each day or part of a day, while so employed :—
(a) When distance of place of Court or Meeting, or absence of travelling facilities, necessitates absence from their stations overnight—
An allowance equal to the pay of their respective ranks in the Citizen Forces.
(b) When distance of place of Court or Meeting does not necessitate absence from station overnight—
An allowance equal to one-half of the rate of pay of their respective ranks in the Citizen Forces.
In calculating payment for a part of a day, each hour shall be reckoned as one-eighth of the daily rate, but not more than one day's allowance shall be granted for any period of twenty-four hours. No travelling allowance shall be paid if the allowances as above are drawn.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
6746.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1912 were enacted to address the urgent need to amend financial and allowance regulations for officers of the Citizen Forces. These regulations, issued by The Governor-General in Council on 30 May 1913, were intended to come into immediate operation on 1 October 1912. This legislative instrument, published by the Government Printer for the State of Victoria, outlines specific amendments to Regulations 167, 169, and 170 to provide a special allowance to officers of the Citizen Forces serving as members of Courts Martial. The policy objective is to ensure that these officers receive appropriate compensation for their duties, taking into account the circumstances of their deployment and the necessity for overnight stays or half-day allowances, while also preventing double payments for travel and allowances.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912 pertain specifically to the financial and allowance regulations governing officers of the Citizen Forces within the military forces of the Commonwealth. These regulations apply to officers who are members of Courts Martial and who are engaged in duties outside their regular station, whether or not it requires them to be absent overnight. The provisions outlined in Regulations 167, 169, and 170, which have been amended, stipulate that officers will receive an allowance based on their rank within the Citizen Forces, either the full pay for overnight absences or half the pay for daytime duties, with further stipulations on how part-day allowances are calculated. These regulations are designed to ensure that officers are adequately compensated for additional duties performed outside their usual stations, with specific exclusions noted for when officers are attending parades, meetings of the Military Board, or other approved functions. The regulations come into immediate operation as provisional measures, reflecting the urgency and importance of the adjustments to financial support for military personnel.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1912, specifically amend Regulations 167, 169, and 170 concerning the financial and allowance provisions for officers of the Citizen Forces (Reg. 167). These amendments introduce new allowances for officers serving on Courts Martial, contingent upon the circumstances of their service. Specifically, if an officer's duties require them to be absent from their station overnight due to the distance of the court or meeting, or lack of travel facilities, they will receive an allowance equivalent to their full daily pay (Reg. 167(a)). Conversely, if the duties do not necessitate an overnight absence, the allowance is half of their daily pay (Reg. 167(b)). The payment for partial days is calculated based on one-eighth of the daily rate per hour, with a cap at one full day's allowance for any 24-hour period (Reg. 167). Importantly, no additional travel allowance will be paid when these allowances are claimed.
The amended regulations impose several obligations on the Citizen Forces officers who serve on Courts Martial. Firstly, they must accurately report their service time and the circumstances of their duty to ensure they receive the correct allowance (Reg. 167). Secondly, officers must refrain from claiming both the allowance and any travel expenses for the same period, ensuring compliance with the regulation to prevent over-compensation (Reg. 167). Accurate record-keeping and reporting are essential to maintain the integrity of the allowance system and to ensure officers are fairly compensated based on their service conditions.
Failure to comply with the provisions of these regulations can lead to civil or administrative consequences. For instance, if an officer inaccurately reports their service conditions to receive an undue allowance, they may face disciplinary action or financial penalties. While the specific penalties are not detailed in the provided text, breaches of military regulations generally attract sanctions ranging from reprimands to more severe disciplinary measures, depending on the severity and frequency of the breach. It is crucial for officers to adhere strictly to the regulations to avoid any potential repercussions.