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

Overview

The Statutory Rules 1913 No. 271, titled "Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth," was enacted in 1913 to address the need for provisional financial and allowance regulations for the military forces of the Commonwealth. This legislative instrument was issued by the Governor-General in Council, on the advice of the Federal Executive Council, due to the urgency of the matter, and thus came into immediate operation. The overarching objective of these provisional regulations is to ensure that military personnel are adequately compensated for their duties, particularly in relation to travel allowances for warrant and non-commissioned officers who use their own bicycles for military journeys. This regulation was necessary to fill a gap in the Defence Act 1903-1912 by providing specific guidelines for allowances and ensuring that these guidelines were implemented effectively and efficiently.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, as amended by Statutory Rules 1913 No. 271, apply to warrant and non-commissioned officers of the Permanent Forces who use their own bicycles for military duty travel exceeding three miles. Specifically, these regulations pertain to those officers not receiving horse allowances and operating outside the Survey Section of the Royal Australian Engineers. The allowance for bicycle use is granted based on efficiency and cost-saving certifications by the authorizing officer, with the rate being 3d per mile for journeys of 20 miles or under, and 1½d per mile for distances exceeding 20 miles. Importantly, the regulations exclude any payments for bicycle wear and tear, travel between the officer's residence and usual headquarters or assembly points, and journeys not pre-approved by the commanding officer. Additionally, a certificate must accompany any claim for payment. These provisional regulations are intended to provide immediate operational adjustments and will remain in effect until further legislative action is taken.

Key Provisions

The Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, specifically regulation 166, outlines allowances for warrant and non-commissioned officers of the Permanent Forces who use their own bicycles when travelling on military duty. This amendment modifies sub-paragraph (j) to now be sub-paragraph (k), and introduces a new sub-paragraph (j). According to this new provision, officers not in receipt of a horse allowance and who use their own bicycles for distances exceeding three miles may be granted an allowance if the use of the bicycle is deemed more efficient and cost-effective than other means of transport by the officer authorizing the journey (regulation 166(9)). The allowance is set at 3d. per mile for journeys up to 20 miles and increases to 1½d. per mile for each additional mile beyond 20 miles. These regulations impose specific obligations on warrant and non-commissioned officers to ensure compliance when claiming allowances. They must obtain prior written approval from the officer under whom they are immediately serving before embarking on the journey, and the officer authorizing the journey must certify that using the bicycle results in greater efficiency and savings compared to other transport options. Additionally, the officers must ensure that the necessary certificates are attached to their claim for payment. Failure to adhere to these requirements will result in no payment being made for wear and tear of, or damage to, the bicycle, nor for distances travelled between their residence and their usual headquarters, drill hall, or place of assembly. The regulations also establish clear consequences for non-compliance. Under the provisions of the regulations, no payment will be made for any journey where the required written approval from the relevant officer was not obtained prior to the commencement of the journey, and no payment will be made for wear and tear of, or damage to, the bicycle, or for journeys between the officer's residence and their usual headquarters, drill hall, or place of assembly. These provisions underscore the importance of strict adherence to the outlined requirements to be eligible for the allowance. While the regulations do not explicitly mention criminal or civil penalties for non-compliance, the withholding of financial benefits as described constitutes a significant consequence for failure to comply with the stipulated conditions.