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

Overview

The Statutory Rules 1913 No. 110, which were enacted on the first day of May 1913, represent provisional regulations made under the Defence Act 1903-1912. These regulations were introduced to address the need for immediate financial and allowance adjustments within the military forces of the Commonwealth. The Governor-General, acting with the advice of the Federal Executive Council, certified the urgency of these provisional regulations which came into immediate operation. The objective of these amendments was to modify the financial and allowance regulations, particularly concerning the distribution of sums for artillery, musketry, and skill at arms prizes, as well as the handling of uncompeted sums and claims for competed amounts. The regulations were published by the Government Printer for the State of Victoria, ensuring their official dissemination and implementation.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, as set forth in Statutory Rules 1913 No. 110, apply to the financial and allowance regulations governing military forces within the Commonwealth of Australia. These regulations specifically amend Regulations 293 and 296, which pertain to the distribution of sums for prizes in artillery, musketry, and skill at arms, and the handling of unclaimed sums by Commandants and District Paymasters. The regulations ensure that sums intended for distribution are allocated as grants to Commanding Officers, with clear stipulations on the forfeiture of unclaimed sums and the process for subsequent payments and adjustments to allowances. This legislative instrument extends its application nationwide, encompassing all military forces under the Commonwealth's purview, and operates with the urgency necessitated by its provisional status, awaiting formal parliamentary approval.

Key Provisions

The main operative sections of these Provisional Regulations amend the Financial and Allowance Regulations 293 and 296 for the military forces of the Commonwealth. Regulation 293 (referenced as amended in the text) now specifies that funds allocated for prizes in artillery, musketry, and skill at arms will be made available for distribution by Commandants, but only as grants to Commanding Officers, subject to parliamentary provision. This amendment clarifies the process for distributing these funds and who is authorised to receive them. Regulation 296, as amended, introduces a forfeiture clause for sums that are not competed for before the 30th of June each year. These forfeited sums must be returned to the District Paymaster and paid into Defence Revenue. Furthermore, any claims for amounts competed for but not paid to Commanding Officers by the 30th of June will be addressed in the subsequent financial year, with the allowance to the respective Regiment or Corps reduced by the amount paid. These Regulations impose specific obligations on the parties involved, primarily the Commandants and Commanding Officers. Commandants are now responsible for distributing the specified funds as grants to Commanding Officers, ensuring that these funds are used for their intended purposes. They must also ensure that any unclaimed sums by the 30th of June are appropriately forfeited and returned to the District Paymaster. Commanding Officers, on the other hand, must compete for the funds and ensure that any claims are submitted and paid by the specified deadline. Failure to do so will result in a reduction of their Regiment or Corps' allowance for that financial year. Breaching these Regulations can lead to serious consequences. Specifically, sums not competed for before the 30th of June are forfeited and must be returned to the District Paymaster, with any subsequent claims being paid from a similar appropriation in the following financial year. Additionally, the allowance for the Regiment or Corps concerned will be reduced by the amount paid for any claims not settled by the deadline. Although the Regulations do not explicitly state penalties for non-compliance, the forfeiture of funds and the reduction of allowances serve as deterrents against neglecting these obligations.