STATUTORY RULES.
1912. No. 25.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Amendment to Financial and Allowance Regulation 113.
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 1903-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this seventh day of February, 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.
Regulation 113—at end of section headed “Militia,” add—
“District Paymasters shall deduct from the annual Clothing and Corps Contingent Allowance due to a Regiment or Corps, the amount of any claims for damages to, or for loss or deterioration of stores, equipment, or Government property of any kind, which has been approved by the District Commandant, or other competent authority, to be a charge against such Regiment or Corps, provided, however, that no such deduction shall be made unless the claim has remained outstanding for a period of not less than six months subsequent in date of approval having been given for it to be made a charge against the Regiment or Corps.”
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C.1125.—Price 3d.
Overview
The Statutory Rules of 1912, No. 25, titled "Provisional Regulations under the Defence Act 1903-1911," was enacted to amend the Financial and Allowance Regulation 113, specifically addressing the financial accountability of military forces. This legislation was introduced to ensure that the military forces maintain stringent financial discipline by holding regiments or corps accountable for damages to or loss of government property. The regulations were issued by the Governor-General, acting on advice from the Federal Executive Council, and were intended to come into immediate effect due to their urgency. The policy objective of these regulations was to establish a clear mechanism for financial recovery from military units for approved claims against them, thereby maintaining the integrity of military finances and ensuring that any approved claims for damages or losses are deducted from allowances, provided the claims have been outstanding for a minimum of six months.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911, specifically Statutory Rule 1912 No. 25, pertain to financial and allowance regulations for the military forces of the Commonwealth. This legislation applies to military personnel, including members of the Militia, and governs the conduct of District Paymasters in relation to deductions from allowances. The regulations are designed to ensure that any approved claims for damages or losses of government property are deducted from the annual Clothing and Corps Contingent Allowance due to a Regiment or Corps, provided that the claims have been outstanding for at least six months. The scope of the Act is confined to the Commonwealth, and it operates within the framework of the Defence Act 1903-1911. The Act does not explicitly mention exclusions or exemptions, but it clearly delineates the circumstances under which deductions may be made from military allowances, thus providing a structured approach to financial accountability within the military forces.
Key Provisions
The main operative section of this Statutory Rule (C1912L00025) amends Regulation 113 of the Financial and Allowance Regulations for the Military Forces of the Commonwealth, under the Defence Act 1903-1911. Specifically, it adds a provision to the section concerning the Militia. The amendment mandates that District Paymasters must deduct from the annual Clothing and Corps Contingent Allowance due to a Regiment or Corps, any claims for damages to, or for loss or deterioration of stores, equipment, or Government property that have been approved by the District Commandant or another competent authority to be a charge against the Regiment or Corps. This deduction can only occur if the claim has remained outstanding for at least six months after the approval for it to be charged against the Regiment or Corps (Regulation 113, added provision).
The obligations and requirements imposed by this amendment include that District Paymasters must ensure the timely and accurate deduction of approved claims from the annual Clothing and Corps Contingent Allowance for Regiments or Corps. Additionally, the claims must have been approved by a District Commandant or another competent authority, and must have remained outstanding for a minimum of six months from the date of approval before any deduction can be made. This places an administrative burden on the District Paymasters to track and verify claims, ensuring that only those meeting the specified criteria are deducted from the allowances.
Failure to comply with the provisions outlined in this amendment could result in various consequences. While the Statutory Rule does not explicitly state the penalties for non-compliance, breaches of Defence Act regulations generally carry potential civil or criminal penalties, depending on the severity and intent of the breach. In cases of financial mismanagement or fraud, more stringent criminal penalties might apply, including fines and imprisonment, as stipulated in other sections of the Defence Act and related legislation. The precise consequences would depend on the interpretation and application of the relevant laws by the courts.