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

Overview

The Statutory Rules 1912 No. 204, titled "Provisional Regulations under the Defence Act 1903-1912," was enacted in 1912 to address an immediate need to adjust financial and allowance regulations for military forces. This legislative instrument was issued by the Governor-General in accordance with the advice of the Federal Executive Council, due to the urgency of the matter. The primary objective of this regulation was to amend the existing Financial and Allowance Regulations, specifically Regulation 184, to include additional allowances for officers while they were in New Zealand, depending on their marital status. This amendment was made to ensure that the regulations were up-to-date and adequately supported the needs of military personnel. The regulation was certified to have come into immediate operation from 1 October 1912, highlighting the urgency and importance of the changes.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, specifically the amendment to Financial and Allowance Regulation 184, applies to military personnel of the Commonwealth, namely officers, and their allowances while they are in New Zealand. The regulation sets different allowances based on marital status, with married officers receiving 5 shillings per diem and single officers receiving 3 shillings and 6 pence per diem. The regulation is part of the overarching Defence Act 1903-1912, which is a Commonwealth Act, thereby applying nationally across Australia. This regulation does not specify any exclusions, exemptions, or thresholds but instead directly modifies the financial allowances for certain personnel in a specific geographic context. The regulation is designated as provisional, indicating that it is subject to further amendments or confirmations, potentially through subordinate instruments, to solidify its long-term applicability and scope.

Key Provisions

The Provisional Regulations under the Defence Act 1903-1912, specifically outlined in Statutory Rules 1912 No. 204, amend Regulation 184 of the Financial and Allowance Regulations for the Military Forces of the Commonwealth. This amendment introduces additional allowances for officers while they are stationed in New Zealand. According to the new sub-paragraph added at the end of sub-paragraph (c), married officers are entitled to a per diem allowance of 5 shillings, while single officers are entitled to an allowance of 3 shillings and 6 pence per day (Regulation 184). This amendment ensures that officers stationed in New Zealand receive appropriate financial support based on their marital status. The Act imposes specific obligations on the military forces and the relevant authorities to ensure that the allowances as stipulated are correctly applied and disbursed to the eligible officers. The financial authorities must account for these allowances in the payroll and financial records of the military forces, ensuring that married officers receive 5 shillings per day and single officers receive 3 shillings and 6 pence per day while they are stationed in New Zealand. This necessitates clear documentation and verification of the officers’ marital status and their periods of service in New Zealand to accurately apply the allowances. Failure to comply with the provisions of these Provisional Regulations could result in administrative and financial discrepancies, potentially impacting the officers’ entitlements. While the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, breaches of financial regulations in the military context could lead to disciplinary actions, financial audits, or legal proceedings to rectify any financial mismanagement or misallocation. The severity of such consequences would depend on the specific circumstances and the extent of the breach.