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

Overview

The Statutory Rules 1912 No. 36, titled "Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth," was enacted in 1912 as a provisional regulation under the Defence Act 1903-1911 to address the issue of privately-owned horses that were injured while in the performance of military duties. The regulation was certified by the Governor-General in the exercise of the powers vested in them by the Federal Executive Council and came into immediate effect due to the urgency of the matter. The enacting body was the Parliament of the Commonwealth of Australia, with the policy objective being to ensure that the treatment of privately-owned horses injured during military duty was managed efficiently and economically, typically through the army remount section, while allowing for exceptions where employing a civilian veterinary surgeon or using a private veterinary hospital was deemed more economical.

Scope and Application

The Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, as stipulated under the Defence Act 1903-1911, apply to privately-owned horses that are injured while performing military duties. These regulations are specifically tailored for instances where horses are injured in the field or while on duty with a military detachment. The regulation explicitly outlines that such horses will not be sent at public expense to private veterinary hospitals, instead, they should be treated by the officer in charge of army remounts or placed in the care of the remount section. An exception is noted where employing a civilian veterinary surgeon or using a private veterinary hospital would be more economical. This regulation applies on a national level, being a statutory rule under the Commonwealth of Australia and operates as a provisional measure. There are no stated exclusions or exemptions within the text of this particular regulation, although the overarching Defence Act and related subordinate instruments may include further provisions.

Key Provisions

The main operative section of this Provisional Regulation, Regulation 163b, pertains to the handling of privately-owned horses that sustain injuries while performing duty in the field or with a detachment in military formation. According to this regulation, such horses will not be sent at public expense to private veterinary hospitals. Instead, they should typically be treated by the officer in charge of army remounts. This officer may also place the horses in the care of the remount section, unless it is more cost-effective to employ a civilian veterinary surgeon or use a private veterinary hospital (Regulation 163b). The obligations imposed by this regulation are primarily on the officer in charge of army remounts. This officer is tasked with determining the most economical and appropriate course of action for treating injured privately-owned horses. This involves assessing whether it is more cost-effective to treat the horses under the existing military veterinary system or to employ a civilian veterinary surgeon or use a private veterinary hospital (Regulation 163b). Failure to comply with the provisions of this regulation could result in financial liabilities for the Commonwealth, as it mandates that privately-owned horses not be sent to private veterinary hospitals at public expense unless specified conditions are met. This could potentially lead to legal or administrative consequences for those responsible for ensuring adherence to these financial guidelines. However, the specific penalties or consequences for non-compliance are not detailed within the regulation itself.