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

Legislation au C1905L00027 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1905. No. 27.

———

PROVISIONAL REGULATIONS 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 Regulations under the Defence Acts 1903-1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 5th day of April, One thousand nine hundred and five.

NORTHCOTE,

Governor-General.

By His Excellencys Command,

J. W. McCAY.

——

Financial and Allowance Regulations for the Military Forces of the Commonwealth, 1904.

The above Regulations are amended as follows:

Part I.—Section IV.

In paragraph 42 (Rates or Taxes), insert after the word consumed at the end of the paragraph, the following words:—

Accounts in connexion with such supplies should show that the charges are for services rendered, i.e., water supplied, claims for water rates not being admissible.

Part II.Pay of Permanent Forces.

After Section VI., insert the following regulation as Section VIa.:

V1a.Military Clerks.

75a. The following shall be the scale of pay, inclusive of all allowances other than travelling allowances, for Military Clerks, on and from the 1st July, 1905:

Class.

Annual Salary of Class.

Increment (at intervals of not less than one year).

Minimum.

Maximum.

 

£

£

£

First.................

285*

335

...

Second...............

220*

260

...

Third................

170

210

10†

Fourth...............

70

160

15†

* No addition to pay provided for in these cases. Salaries between the minimum and maximum will be fixed by the Minister from time to time, in accordance with the work performed.

† These increments will not be automatic, but will depend upon the Clerk being duly recommended, the approval of the Minister, and the necessary provision being made by Parliament.


Part IV.—Compensation for Injuries received on Duty—Militia and Volunteer Forces.

Insert after paragraph 113, the following paragraph:—

113a. An officer or soldier may be required by the Principal Medical Officer of a Military District to go into a Public Hospital for treatment. Should such officer or soldier refuse to do so, the medical expenses (if any) otherwise incurred will not be defrayed by the Government.

Part VI., Section I., Paragraph 122.—Travelling Allowances.

(1) Scale of Travelling Allowances.

Insert at the end of sub-paragraph (c), the following words:—

In any case where a member unnecessarily, or for private reasons, breaks his journey, he will be entitled to the increased rate only up to the time when the journey is broken.

(4) Transfers and Removals.

Cancel sub-paragraph (g), and insert the following sub-paragraph in lieu thereof:

(g) Before removal is undertaken, the Deputy Assistant Quartermaster-General shall, where practicable, obtain offers from two or more carriers, and will make such arrangements as may be necessary for the most economical conveyance within the amount allowed under these Regulations.

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.

Overview

The Statutory Rules 1905 No. 27, titled "Financial and Allowance Regulations for the Military Forces of the Commonwealth, 1904," were enacted by the Governor-General in Council on the 5th of April 1905, in response to urgent needs arising under the Defence Acts 1903-1904. These provisional regulations, issued due to their immediate necessity, were designed to address and amend various financial and allowance provisions for the military forces. They include amendments to clarify the treatment of water rates, establish a pay scale for military clerks, modify compensation for injuries received on duty, and adjust travelling allowances among other financial regulations. The enactment by the Governor-General, on advice from the Federal Executive Council, underscores the importance and urgency of these measures to ensure the smooth operation and administration of military forces. The policy objective behind these amendments is to provide clear guidelines and financial stability for the members of the military, ensuring that allowances and compensations are disbursed appropriately and fairly.

Scope and Application

The Provisional Regulations under the Defence Acts 1903-1904 apply to the military forces of the Commonwealth, including permanent and volunteer forces, and encompass various aspects of their financial and administrative management. The scope of these regulations extends to the pay of military personnel, specifically detailing scales of pay and increments for military clerks, and outlines conditions for compensation for injuries received on duty. Additionally, the regulations address administrative details such as rates or taxes, accounts for supplies, and allowances for travel, with specific provisions to ensure economical and justified use of resources. The application of these regulations is nationwide, affecting all military personnel across the Commonwealth. While the regulations are comprehensive, they do not explicitly state any exclusions or exemptions, implying that they apply universally to all relevant military personnel and circumstances. The regulations are subject to amendments and further clarifications through subordinate instruments as necessary.

Key Provisions

The Provisional Regulations under the Defence Acts 1903-1904 provide various amendments, notably in financial and allowance regulations for the military forces of the Commonwealth. Section IV (paragraph 42) now requires that accounts for supplies such as water must clearly indicate that charges are for services rendered, disallowing claims for "water rates" (42). The regulations also introduce a new scale of pay for Military Clerks, effective from 1 July 1905 (Section VIa., 75a). This scale includes annual salaries and increments for different classes, with minimum and maximum amounts specified, and notes that increments are not automatic and require ministerial approval and parliamentary provision (75a). Further, the regulations permit requiring officers or soldiers to seek treatment in public hospitals, with the refusal to comply resulting in the government not covering medical expenses (Section IV, paragraph 113a). Additionally, the regulations detail the scale of travelling allowances, specifying that members breaking their journey unnecessarily or for private reasons will only be entitled to increased rates up to the point of the break (Section VI, paragraph 122(1)) and mandate competitive offers from carriers for economical conveyance before undertaking removals (Section VI, paragraph 122(4)). The obligations imposed by these regulations are quite specific, particularly concerning financial accountability and medical treatment. Military personnel must ensure that accounts for supplies are transparent and show charges for services rendered, with no claims for "water rates" being admissible (Section IV, paragraph 42). Military Clerks must adhere to the specified pay scales, and any salary increments depend on recommendations, ministerial approval, and parliamentary funding (Section VIa., 75a). Officers and soldiers must comply with directives from the Principal Medical Officer to seek treatment in public hospitals, with refusal resulting in personal responsibility for medical expenses (Section IV, paragraph 113a). Additionally, when travelling, members must avoid unnecessary breaks in their journeys to maintain entitlement to increased travelling allowances (Section VI, paragraph 122(1)), and before removals, the Deputy Assistant Quartermaster-General must obtain competitive offers from carriers to ensure economical conveyance (Section VI, paragraph 122(4)). The regulations impose several potential consequences for non-compliance. Refusing to seek treatment in a public hospital as directed by the Principal Medical Officer results in the individual being liable for any incurred medical expenses, rather than the government covering them (Section IV, paragraph 113a). Additionally, members who unnecessarily break their journey while travelling may lose entitlement to increased travelling allowances up to the point of the break (Section VI, paragraph 122(1)). While the regulations do not specify maximum penalties for breaches, non-compliance with these directives could lead to financial liabilities and potential administrative actions.

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Defence & Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Compensation Obligations

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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.