STATUTORY RULES.
1905. No. 16.
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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 should be taken to have come into operation as from the 1st January, 1905, inclusive, and make the Regulations to come into operation accordingly, as Provisional Regulations.
Dated this 24th day of February, One thousand nine hundred and five.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
J. W. McCAY.
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Financial and Allowance Regulations for the Military Forces of the Commonwealth, 1904.
Part VI.—Allowances.
Section II.
Cancel the heading “Special Duty Pay for Militia Officers,” and insert in lieu thereof the heading “Allowance to Militia Officers when employed on Special Duty.”
After paragraph 123 insert the following paragraph:—
123a. When an Officer of the Citizen Forces is appointed by the Governor-General in Council to act as Commandant of a State, he may be paid an allowance equal to five-eighths of the militia rate of pay of his rank for every day he is so acting, provided that there is money available on the vote for the salary of the Commandant out of which such allowance could be paid.
By Authority: Robt. S. Brain, Government Printer, Melbourne.
C. 2111.—Price 3d.
Overview
The Statutory Rules 1905 No. 16, entitled "Financial and Allowance Regulations for the Military Forces of the Commonwealth, 1904," was enacted in 1905 to address the need for updated financial and allowance regulations for militia officers within the Citizen Forces, specifically concerning their roles and duties. These provisional regulations were introduced under the Defence Acts 1903–1904 and came into immediate operation on 1 January 1905, as certified by the Governor-General in Council. The regulations were made with the urgency of addressing gaps in allowances for officers appointed on special duty, such as acting as a Commandant of a State, thus ensuring that officers were adequately compensated for their services. The policy objective was to provide clear guidelines and financial support for military officers serving in special capacities within the Citizen Forces.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, as certified by the Governor-General in Council, pertain specifically to the financial and allowance regulations for the military forces of the Commonwealth. These regulations apply to military officers, including those in the Citizen Forces, and encompass allowances granted for special duties, such as when an officer is appointed by the Governor-General in Council to act as Commandant of a State. The regulations establish that such an officer may receive an allowance equivalent to five-eighths of the militia rate of pay for their rank for each day they are acting in that capacity, subject to the availability of funds from the relevant vote. These regulations are applicable across the Commonwealth, thereby ensuring a uniform standard of allowances throughout Australia. Notably, these provisional regulations were introduced with urgency and took effect from 1 January 1905, reflecting the immediate need for such financial provisions within the military framework.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Acts 1903-1904, specifically pertaining to the Financial and Allowance Regulations for the Military Forces of the Commonwealth, introduce a new allowance for Militia Officers when they are employed on special duty. Section 123a, which has been inserted following paragraph 123, allows an Officer of the Citizen Forces, who has been appointed by the Governor-General in Council to act as Commandant of a State, to be paid an allowance. This allowance is equal to five-eighths of the militia rate of pay for their rank for every day they perform this role. This provision is contingent upon there being sufficient funds available from the vote for the salary of the Commandant.
The Regulations impose specific obligations on the parties involved. For instance, the allowance for the Militia Officers acting as Commandants of a State must be paid if there is adequate funding from the salary vote for the Commandant. This means that the financial responsibility for the allowance falls under the purview of the salary allocation for the Commandant position. Additionally, the appointment of an Officer to act as a Commandant of a State must be made by the Governor-General in Council, ensuring that the authority for such appointments is properly exercised.
Failure to adhere to these provisions could lead to various consequences. Although the specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the text, breaches of financial regulations under military statutes can often lead to legal ramifications. Typically, such breaches may result in financial penalties, disciplinary actions against the involved officers, or even criminal charges in severe cases, depending on the nature and severity of the breach. The maximum penalties, however, would be determined by the specific context and the broader military or defence legislation in place at the time.