STATUTORY RULES.
1912. No. 74.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 86—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 1903-1911 should come into immediate operation, and, further, should be taken to have come into operation on and from the 1st day of July, 1911, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this fourth day of April, One thousand nine hundred and twelve,
DENMAN,
Governor-General,
By His Excellency’s Command,
E. A. ROBERTS.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Sub-paragraph (b) of Regulation 86 to be cancelled and the following sub-paragraph to be substituted therefor:—
“(b) The Act and Regulations governing the classification, pay, increments, and allowances of the Clerical Division of the Commonwealth Public Service shall apply to Military Staff Clerks, but in cases where, under the Public Service Regulations, the approval of the Public Service Commissioner is required, the approval of the Minister shall be substituted.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.4483.—Price 3d.
Overview
The Statutory Rules 1912 No. 74, specifically the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, were enacted in 1912 to address the need for immediate financial and allowance regulations for military forces in light of the Defence Act 1903-1911. This legislation was introduced to provide provisional financial guidelines for military staff clerks, ensuring they were properly compensated and classified in accordance with existing public service regulations while also allowing for ministerial oversight in place of the Public Service Commissioner's approval. The regulations were made under the authority of the Governor-General acting on the advice of the Federal Executive Council, reflecting the urgency and importance of establishing these financial frameworks for the military forces.
Scope and Application
The Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, established under the Defence Act 1903-1911, pertain specifically to Military Staff Clerks within the Commonwealth's military forces. These regulations, particularly the amendment to Regulation 86, stipulate that the rules governing the classification, pay, increments, and allowances applicable to the Clerical Division of the Commonwealth Public Service will also apply to Military Staff Clerks. However, in instances where the approval of the Public Service Commissioner is typically required under the Public Service Regulations, the approval of the Minister shall be substituted instead. This regulatory framework extends across the Commonwealth of Australia, impacting the remuneration and conditions of service for Military Staff Clerks within the military. The regulations are designed to provide a provisional structure that will be in effect until more permanent arrangements are established, ensuring continuity in the administration of financial and allowance matters for these personnel.
Key Provisions
The main operative sections of this legislation, specifically Regulation 86, pertain to the application of financial and allowance regulations for Military Staff Clerks within the Commonwealth Military Forces (Regulation 86(b)). This regulation modifies existing provisions by substituting the requirement for the Public Service Commissioner's approval with the Minister's approval in cases where such approval is necessary under the Public Service Regulations. The regulation emphasises the alignment of financial and allowance practices for Military Staff Clerks with those applicable to the Clerical Division of the Commonwealth Public Service, while also recognising the need for ministerial oversight in certain approval processes.
Under the amended Regulation 86, the obligations and requirements imposed on Military Staff Clerks and relevant authorities are primarily centred around ensuring that the financial and allowance regulations applicable to the Clerical Division of the Commonwealth Public Service are adhered to. This includes the application of classification, pay, increments, and allowances as stipulated by the governing Act and Regulations. Furthermore, where approval from the Public Service Commissioner is mandated under the Public Service Regulations, the approval of the Minister is to be sought instead, ensuring a streamlined and consistent governance framework for Military Staff Clerks.
The legislation also delineates the consequences of non-compliance with the stipulated financial and allowance regulations. While the specific offences, penalties, or civil/criminal consequences are not explicitly stated in the provided text, it is reasonable to infer that breaches of these regulations could lead to disciplinary actions or other administrative penalties as prescribed by the Defence Act 1903-1911 and related provisions. The substitution of the Minister’s approval for the Public Service Commissioner’s approval in certain cases underscores the importance of adhering to the established regulatory framework to maintain consistency and fairness in the administration of allowances and financial matters for Military Staff Clerks.