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

Legislation au C1908L00055 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1908. No. 1.

 

PROVISIONAL REGULATION UNDER THE DEFENCE ACTS 1903-1904.

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 Acts 1903-1904 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.

Dated this eighth day of May, One thousand nine hundred and eight.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

THOS. EWING.

 

Financial and Allowance Regulations for the Military Forces of the Commonwealth.

Amendment.

Regulation 98 (as amended by Statutory Rule 84 of 1907)—

Under the sub-heading “Clothing,” for the words “At the discretion of the Officer Commanding, one pair of boots may also be issued to each member annually, at a cost not exceeding 10s., half of such cost to be borne by the member,” substitute “At the discretion of the Officer Commanding, the following free issue of boots may also be made to each member, viz., one pair on enlistment, and thereafter one pair biennially—the cost not to exceed 10s. per pair.

In the case, however, of Volunteer Regiments which have hitherto received an annual free issue of boots, the Commanding Officer shall have power to continue the same.”

 

By Authority: J. Kemp, Government Printer, Melbourne.

C.4419.—Price 3d.

Overview

The Statutory Rules 1908 No. 1, titled "Financial and Allowance Regulations for the Military Forces of the Commonwealth," was enacted in 1908 by the Governor-General in Council, as per the authority of the Defence Acts 1903-1904. This Provisional Regulation was introduced to address the need for immediate changes to the military allowance regulations, particularly concerning the provision of boots to military personnel. The regulation was implemented swiftly due to its urgency, reflecting the evolving requirements of the military forces and ensuring that necessary adjustments could be made without delay. The policy objective of this amendment was to standardise the provision of boots for military members while allowing for some discretion based on the specific circumstances of Volunteer Regiments. The change aimed to provide a consistent and fair approach to the allocation of resources, ensuring that members received the necessary equipment without placing undue financial burden on them. This regulation, therefore, sought to balance the operational needs of the military with the equitable treatment of its personnel.

Scope and Application

The Provisional Regulation under the Defence Acts 1903-1904, as issued by the Governor-General on the advice of the Federal Executive Council, pertains specifically to the financial and allowance regulations for the military forces of the Commonwealth. This legislative instrument addresses the provision of boots to military personnel, modifying the previous arrangement whereby boots could be issued at the discretion of the Officer Commanding, with a cost not exceeding 10 shillings per pair and half the cost to be borne by the member. Instead, the new regulation mandates that each member receives one pair of boots upon enlistment and an additional pair biennially, with the total cost per pair capped at 10 shillings. Notably, the regulation allows for continuity of the annual free issue of boots for Volunteer Regiments that had previously received such a benefit, granting the Commanding Officer the discretion to maintain this practice. The regulation is intended to come into immediate operation due to its urgent nature, impacting all military personnel subject to the Defence Acts within the Commonwealth of Australia. The scope of this legislative instrument is explicitly directed at the members of the military forces of the Commonwealth, encompassing all personnel subject to the Defence Acts. The regulation applies nationally, impacting all military personnel across the Commonwealth. There are no stated exclusions or exemptions within the text, although the discretion given to Commanding Officers for Volunteer Regiments implies some flexibility. The regulation is intended to be operational immediately and is not subject to further amendments or extensions through subordinate instruments, as it is certified as a Provisional Regulation.

Key Provisions

The main operative sections of this legislation, specifically the Statutory Rule 1908 No. 1, involve a provisional regulation under the Defence Acts 1903-1904, focusing on the financial and allowance regulations for the Military Forces of the Commonwealth. Regulation 98, which pertains to clothing, has been amended to adjust the provisions regarding the issue of boots to military members (Reg 98). The amendment modifies the boot issuance policy to provide a pair of boots to each member upon enlistment and another pair biennially, with a cap of 10 shillings per pair (Reg 98). For Volunteer Regiments that previously received an annual free issue of boots, the regulation allows the Commanding Officer to continue this practice (Reg 98). The obligations imposed by this Act require the Officer Commanding to manage the distribution of boots according to the new provisions. This includes issuing one pair of boots at the time of enlistment and another pair every two years, ensuring the cost does not exceed 10 shillings per pair. However, for Volunteer Regiments that have historically received an annual free issue of boots, the Commanding Officer retains the discretion to continue this practice (Reg 98). This places a responsibility on the Commanding Officers to be aware of the specific conditions applicable to different regiments and to manage resources accordingly. Breaches of the provisions outlined in this regulation may lead to administrative consequences. Although the legislation does not explicitly state offences, penalties, or specific consequences for non-compliance, deviations from the stipulated boot issuance policy could result in disciplinary actions or other administrative measures. The exact penalties or consequences would be determined within the broader framework of military regulations and administrative policies. The regulation's focus is primarily on ensuring a standardised and cost-effective approach to boot provision, with allowances for historical practices in certain Volunteer Regiments.

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Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Administrative Discretion

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.