STATUTORY RULES.
1912. No. 220.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 258—Amendment.
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 1903-1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this thirteenth day of November, 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.
The amendment made to sub-paragraph (c) of Regulation 258, made by Statutory Rule 41 of 1912, is cancelled, and the following substituted therefor:—
“Where Commonwealth or State Government contract rates are not operative, Commandants may authorize District Principal Medical Officers to arrange with local chemists for supply at a rate not exceeding 10s. per family per annum, except in very special cases in which a sum not exceeding £.1 per family per annum may be authorized by the Military Board.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.14902.—Price 3d.
Overview
The Statutory Rules 1912, No. 220, under the Defence Act 1903-1912, address the immediate need to establish provisional financial and allowance regulations for the military forces of the Commonwealth. Enacted by the Governor General in Council, this legislation aims to ensure that the military forces are adequately supported in the absence of established Commonwealth or State Government contract rates for certain supplies, such as medications. By allowing Commandants to authorise District Principal Medical Officers to arrange with local chemists for the supply of these items at regulated rates, the regulation seeks to provide necessary medical provisions to military families without compromising financial discipline. This provisional measure was introduced due to the urgency of addressing these needs during a time when permanent regulations were yet to be fully established.
Scope and Application
The Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, as detailed in Statutory Rule 1912 No. 220, apply to the military forces under the Defence Act 1903-1912. These regulations specifically address the financial and allowance aspects for members of the Commonwealth military forces. The regulations are focused on the provision of medical supplies and services, particularly in relation to the cost of medicines, where Commonwealth or State Government contract rates are not applicable. The regulation allows Commandants to authorise District Principal Medical Officers to negotiate supply rates with local chemists, with a cap of 10 shillings per family per annum, except in very special cases where the Military Board may approve an additional amount of up to £1 per family per annum. This regulation extends its application across the Commonwealth, affecting both military personnel and the associated administrative structures within the Defence Act's purview. There are no explicit exclusions or thresholds mentioned within this particular regulation, and it operates as a provisional measure, subject to potential amendment through further statutory rules or regulations.
Key Provisions
The main operative section of this Provisional Regulation, specifically Regulation 258, pertains to the financial arrangements for the supply of medical services and medications to the military forces. This regulation (sub-paragraph (c) of Regulation 258) permits Commandants to authorise District Principal Medical Officers to make arrangements with local chemists for the supply of medications at a specified rate (Regulation 258(c)). This arrangement is particularly applicable when Commonwealth or State Government contract rates are not in effect. The regulation allows for a maximum rate of 10 shillings per family per annum, with the exception of very special cases where the Military Board can approve an expenditure of up to £1 per family per annum.
The obligations imposed by this regulation are primarily on the Commandants and District Principal Medical Officers. Commandants are required to authorize District Principal Medical Officers to engage with local chemists to arrange for the supply of medications within the stipulated rates. District Principal Medical Officers, in turn, are obligated to ensure that such arrangements are made, adhering to the rates specified by the regulation. In cases where the expenditure exceeds the standard rate, the District Principal Medical Officers must seek approval from the Military Board.
Failure to comply with the provisions of this regulation may result in several consequences. While the regulation itself does not explicitly outline specific offences or penalties for breach, breaches of similar regulations under the Defence Act 1903-1912 can lead to both criminal and civil liabilities. For criminal breaches, the maximum penalties can include fines and imprisonment, as stipulated by the relevant sections of the Defence Act. For civil breaches, the consequences might involve compensation or other remedies available under the applicable civil law. It is important to note that the exact penalties and consequences would depend on the specific context and nature of the breach, as well as other relevant laws and regulations.