STATUTORY RULES.
1912. No. 192.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 105—Amendment.
I, THE GOVERNOR-GENERAL in and over for Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Defence Act 1903-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-sixth day of September, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 105.—After the words “Defence Revenue” delete full-stop and add:—
“provided that members who are granted a free discharge under the provisions of Military Order No. 303 of 1912, and who, during their periods of service had been returned as efficient, shall have the amount held as deferred pay returned to them.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.12823.—Price 3d.
Overview
The Statutory Rules 1912 No. 192, namely the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, was enacted in 1912 to address financial matters arising from the service of members in the military forces under the Defence Act 1903-1911. This legislative instrument was introduced by the Governor-General in Council, acting with urgency to ensure that the necessary financial regulations were promptly established for the military forces. The regulation aims to ensure that members granted a free discharge and who were returned as efficient during their service will have their deferred pay returned to them.
The provisional nature of these regulations reflects the immediate need to provide clear financial guidelines for military personnel, ensuring that their entitlements are managed correctly and transparently. This legislative instrument is a direct response to the operational requirements of the military forces during that period, aiming to provide a provisional framework that would be refined in subsequent legislation. The underlying policy objective is to maintain the financial integrity and operational efficiency of the military forces by promptly addressing the financial implications of service and discharge.
Scope and Application
The Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, promulgated as Statutory Rules 1912 No. 192, apply to members of the military forces under the Defence Act 1903-1911, specifically addressing financial and allowance matters. This provisional regulation pertains to the return of deferred pay to members granted a free discharge under Military Order No. 303 of 1912, provided they were recorded as efficient during their service. The regulation has a national jurisdictional reach, applying throughout the Commonwealth of Australia, and aims to ensure that eligible military personnel receive their deferred pay promptly upon discharge. It is important to note that this regulation is of immediate effect and operates as a provisional measure until further amendments or permanent legislation is enacted.
The regulation applies directly to the Commonwealth military forces, and its scope is limited to financial and allowance issues for discharged members. There are no specified exclusions or exemptions in this provisional regulation, but its applicability may be subject to modification through subordinate instruments or further legislative amendments. This ensures flexibility in addressing the financial needs of military personnel as circumstances and policies evolve.
Key Provisions
The main operative section of this legislation, Regulation 105, amends the existing financial and allowance regulations for the military forces of the Commonwealth (Regulation 105). Specifically, it modifies the provision concerning the return of deferred pay for members who are granted a free discharge under Military Order No. 303 of 1912, provided that they were recorded as efficient during their service. This amendment ensures that such members will have their deferred pay returned to them.
The obligations imposed by this regulation primarily concern the financial administration within the military forces. It requires that any member who meets the criteria of being granted a free discharge and having been recorded as efficient will have their deferred pay returned. This regulation also ensures that the financial provisions of the Defence Act 1903-1911 are updated to reflect this specific amendment.
The legislation does not explicitly state any offences, penalties, or consequences for breach. However, the omission of a provision without proper compliance could lead to administrative errors or financial discrepancies. The regulation ensures that the financial records of military personnel are accurately maintained and that any entitlements are rightfully returned. The potential civil or criminal consequences of non-compliance would depend on broader provisions within the Defence Act 1903-1911 and related administrative procedures.
In summary, Regulation 105 serves to correct and clarify the financial entitlements of military personnel under specific discharge conditions, ensuring they receive their deferred pay as stipulated. The regulation imposes an obligation on the relevant authorities to implement this amendment accurately and efficiently, reflecting the urgency and importance of the matter as recognised in the statutory instrument.