STATUTORY RULES.
1910. No. 12.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
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 Regulations under the Defence Acts 1903-1904 should come into immediate operation, and, further, should be taken to have come into operation on and from the 1st July, 1909, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this 11th day of February, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
JOSEPH COOK.
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Amendments.
After Regulation 88, add—
“88 (a). An officer who, with the approval of the Military Board, proceeds abroad to undergo a Course of Military Instruction or Training may receive the militia pay of his rank during his absence, provided that he proves to the satisfaction of the Board that he has undergone Courses, of Instruction or Training of at least the equivalent of the instruction or training he would have received had he remained for duty with his regiment or corps during the period for which pay is claimed.
Pay, however, will not be granted in any such case for a longer period than eighteen months.”
Horse Allowance.
Regulation 93—
Sub-paragraph (e) is amended to read—
“(e) An officer who draws horse allowance under (d) may be paid the same when on leave of absence or when, with the approval of the Military Board, he has proceeded abroad to undergo Courses of Instruction and is granted pay under Regulation 88 (a), provided that he leaves a horse available for military duty and such is stated in the claim.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.924.—Price 3d.
Overview
The Statutory Rules 1910 No. 12, titled "Provisional Regulations Under the Defence Acts 1903-1904," was enacted by the Governor-General in Council and certified as urgent, coming into immediate operation on 1 July 1909. This legislative instrument aimed to address the need for financial and allowance regulations specifically tailored to the military forces of the Commonwealth, ensuring that officers who undertook military instruction or training abroad received appropriate compensation. The regulations were crafted to amend existing provisions to allow officers to receive militia pay during their absence, subject to certain conditions, and to adjust allowances for officers who drew horse allowance while on leave or attending courses abroad. The policy objective was to provide clear guidelines and support for military personnel engaged in professional development outside their regular duties, ensuring they were appropriately compensated and retained resources available for military use.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, specifically the Statutory Rules 1910 No. 12, pertain to financial and allowance regulations for the military forces of the Commonwealth. These regulations apply to military officers who receive pay and allowances under the specified conditions. For instance, an officer approved by the Military Board to undertake a course of military instruction or training abroad can receive militia pay during their absence, provided they can demonstrate they have undertaken equivalent training. However, this pay is capped at a maximum of eighteen months. Similarly, an officer receiving horse allowance may continue to receive it while on leave or while undergoing courses abroad, subject to leaving a horse available for military duty. These regulations thus govern the financial entitlements of military officers under specific conditions related to training and duty.
The scope of these regulations is national, as they apply across the Commonwealth of Australia, and they are made under the authority of the Defence Acts 1903-1904. The regulations amend existing provisions, particularly concerning the conditions under which officers can receive pay and horse allowances during their absence or while undergoing training. The application is direct and binding on all officers of the military forces within the Commonwealth, and they extend to any subordinate instruments that might be promulgated under the authority of these Acts. There are no explicit exclusions or exemptions mentioned in the regulations themselves, though their application is contingent on the approval of the Military Board and adherence to the specified conditions.
Key Provisions
The Provisional Regulations under the Defence Acts 1903-1904 introduce key amendments to the Financial and Allowance Regulations for the Military Forces of the Commonwealth, as outlined in Regulation 88(a) and Regulation 93(e). Under Regulation 88(a), an officer who, with the approval of the Military Board, undertakes a course of military instruction or training abroad, may receive militia pay during their absence. This pay is contingent on the officer proving to the Board that they have completed courses of instruction or training equivalent to what they would have received had they remained in their regiment or corps. The pay is limited to a maximum of eighteen months. In Regulation 93(e), an officer who draws horse allowance may continue to receive it while on leave or while abroad for military instruction, provided they leave a horse available for military duty and this is stated in their claim.
These Regulations impose specific obligations on military officers seeking pay or allowance. Officers must obtain approval from the Military Board before proceeding abroad for military instruction or training. They must also provide evidence that the courses they undertake are equivalent to those they would have received in Australia. Furthermore, if an officer wishes to claim horse allowance while abroad, they must ensure that a horse remains available for military duty and explicitly state this in their claim.
Failure to comply with these provisions may lead to consequences. While the specific penalties are not detailed in the Regulations, non-compliance could result in the denial of pay or allowance. Such non-compliance could potentially have broader implications for the officer's career and standing within the military forces. The precise consequences would be determined by the Military Board or other relevant authorities in accordance with the Defence Acts 1903-1904.