STATUTORY RULES.
1912. No. 164.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Amendment to Financial and Allowance Regulation 98.
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 Regulation under the Defence Act 1903-1911 should come into immediate operation, and further, should be taken to have come into operation on and from the 17th day of January, 1912, and to make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this seventh day of August, 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.
At end of Regulation 98, add—
“Provided that the provisions of this Regulation shall not apply to soldiers re-enlisted under the provisions of Regulation 63 (a).”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.10080.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1911 were introduced to provide immediate amendments to the financial and allowance regulations for the military forces of the Commonwealth of Australia. Enacted by the Governor-General in Council, these regulations were certified on account of urgency and came into immediate operation on 17 January 1912. The specific purpose of this legislative instrument was to exclude certain soldiers re-enlisted under Regulation 63(a) from the provisions of Regulation 98, thereby addressing a particular gap in the existing financial and allowance regulations for specific military personnel. The urgency and immediate effect of these regulations highlight the need for swift legislative action to ensure the smooth operation and management of military forces in a timely manner.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911, particularly the amendment to Financial and Allowance Regulation 98, apply to members of the military forces of the Commonwealth. These regulations pertain specifically to financial and allowance provisions for these members. Notably, the amendment excludes soldiers who have been re-enlisted under Regulation 63(a) from the scope of this particular regulation. This legislation has a national reach, applying across all states and territories in Australia, as it is a Commonwealth Act. The regulation is designated as provisional and was made effective as of 17 January 1912, emphasising its immediate application due to the perceived urgency of the matter. The regulation is subject to further refinement and formalisation through subsequent legislative instruments, which may extend or restrict its application.
Key Provisions
The Statutory Rules of 1912, No. 164, detail amendments to the Financial and Allowance Regulations for the Military Forces of the Commonwealth, specifically Regulation 98. These regulations, issued under the Defence Act 1903-1911, have been expedited due to their urgency, with an effective date backdated to 17 January 1912. The amendment to Regulation 98 introduces an exception to its application, stating that it shall not apply to soldiers re-enlisted under the provisions of Regulation 63 (a). This means that certain financial and allowance provisions will not extend to individuals who have re-enlisted under specific conditions outlined in Regulation 63 (a).
The obligations and requirements imposed by these regulations are primarily directed towards the military personnel and the administrative bodies responsible for enforcing the financial and allowance regulations. The regulations clarify the scope of Regulation 98 by explicitly excluding soldiers who re-enlist under Regulation 63 (a) from its application. This clarification is crucial for ensuring that the intended beneficiaries of the financial and allowance provisions are correctly identified and that the regulations are applied consistently across the military forces.
Failure to adhere to the stipulations set out in these regulations could result in various consequences, depending on the nature and severity of the breach. The Statutory Rules do not explicitly state the penalties for non-compliance within this particular legislative instrument. However, breaches of military regulations generally carry significant consequences, which may include disciplinary actions, financial penalties, or other administrative measures as deemed appropriate by the relevant authorities. The exact penalties would be determined in accordance with the overarching Defence Act 1903-1911 and any subsequent amendments or related legislation.