STATUTORY RULES.
1912. No. 8.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Amendment to Financial and Allowance Regulation 191.
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 1st day of July, 1911, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this seventeenth day of January, 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.
District Allowances.
At end of Regulation 191 add the following sub-paragraph:—
“This allowance shall also be paid, under similar conditions, to members of the Permanent Forces who are on the married establishment, but who are not in receipt of consolidated rates of pay, while residing in any district or locality (other than Thursday Island or Townsville, for which stations tropical pay is authorized under Financial Regulation 69) for which a district allowance has been approved under Public Service Regulations 168 and 169. The district allowance in such cases shall be based on—
Pay;
Lodging allowances; and
Ration allowance at the rate of one shilling per diem.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.386.—Price 3d.
Overview
The Statutory Rules 1912 No. 8, specifically the Provisional Regulations under the Defence Act 1903-1911, were introduced to address the urgent need to amend the Financial and Allowance Regulation 191. This legislative instrument was enacted by the Governor-General in Council, His Excellency Lord Denman, with the concurrence of G. F. Pearce, the Minister responsible for Defence. The policy objective behind these provisional regulations was to ensure that members of the Permanent Forces who were on the married establishment but not receiving consolidated rates of pay would also receive district allowances while residing in districts where such allowances had been approved, but were previously excluded. This amendment aimed to provide equitable treatment and financial support to these members in various districts across Australia, excluding specific locations such as Thursday Island and Townsville.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911, specifically the Amendment to Financial and Allowance Regulation 191, apply to members of the Permanent Forces who meet particular criteria. These regulations extend to individuals residing in districts or localities approved under Public Service Regulations 168 and 169, except for Thursday Island and Townsville where tropical pay is authorized under Financial Regulation 69. The regulations aim to provide district allowances to eligible members of the Permanent Forces, ensuring they receive appropriate financial support based on their pay, lodging allowances, and ration allowance at a rate of one shilling per diem. This legislation is part of a broader framework aimed at ensuring the welfare of military personnel, and while it applies nationally, the specific allowances and conditions are tailored to various districts, reflecting the geographic scope of the Public Service Regulations mentioned. The regulation's urgency and immediate effect underscore the importance of timely financial support for military personnel.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Act 1903-1911 pertain to financial and allowance regulations for the military forces of the Commonwealth (Regulation 191). Specifically, the amendment introduces a new sub-paragraph (Regulation 191(1)) that allows members of the Permanent Forces who are on the married establishment, but not in receipt of consolidated rates of pay, to be eligible for a district allowance under certain conditions. This allowance is to be paid while they reside in districts or localities for which a district allowance has been approved under the Public Service Regulations 168 and 169, excluding Thursday Island and Townsville where tropical pay is authorized under Financial Regulation 69. The district allowance will be based on the member’s pay, lodging allowances, and a ration allowance of one shilling per diem.
The obligations imposed by these regulations on parties or entities governed by them primarily concern the eligibility criteria and conditions under which the district allowance is payable. The regulations require that only members of the Permanent Forces who are on the married establishment and not receiving consolidated rates of pay can claim the allowance. Additionally, the allowance is contingent upon the member residing in approved districts or localities. The conditions for the payment of this allowance must be strictly adhered to, ensuring that only those who meet the specified criteria receive the benefit. This includes ensuring that the district or locality is approved under the relevant Public Service Regulations, excluding certain stations where different allowances apply.
In terms of penalties and consequences for breach, the regulations do not explicitly state any specific penalties within the text provided. However, breaches of regulations governing financial and allowance matters could potentially lead to administrative penalties, financial recoveries, or disciplinary actions against the individuals involved. Such breaches might also result in legal consequences if they are viewed as violations of the Defence Act 1903-1911 or related statutes, potentially leading to fines or other civil or criminal sanctions as prescribed by law. The exact penalties would depend on the severity and nature of the breach, and any associated misconduct or fraud.