STATUTORY RULES.
1906. No. 73.
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, further, be taken to have come into operation as from the 1st July, 1906, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this sixth day of September, One thousand nine hundred and six.
NORTHCOTE,
Governor‑General.
By His Excellency's Command,
T. PLAYFORD.
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Para. 42 (Barrack Damages) is cancelled, and the following paragraph is substituted therefor :—
" When repairs to buildings or works are rendered necessary owing to wilful damage or neglect by the individuals or troops in occupation, the Staff Officer for Engineer Services in the district will recover the cost of such repairs through the Commanding Officer of the unit concerned, and forward same to the District Paymaster, who will pay the amount into revenue."
Para. 61, Specialist and Special Duty Pay (Royal Australian Artillery) :—
For Telegraph linesmen, 2s. per diem, read Telegraph linesman 5s. per diem.
By Authority : J. Kemp, Acting Government Printer, Melbourne.
Overview
Statutory Rules 1906 No. 73, enacted in 1906, amends the Provisional Regulations under the Defence Acts 1903-1904 to address issues related to financial and allowance regulations for the military forces of the Commonwealth. These regulations were introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, to rectify specific deficiencies identified in the original provisions. One of the primary objectives of this legislative instrument was to provide a more streamlined process for recovering the costs of repairs to buildings or works resulting from wilful damage or neglect by individuals or troops in occupation. The policy objective was to ensure that the financial responsibility for such damages was effectively managed and that the necessary funds were recovered and accounted for appropriately within the military framework.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, which came into operation on 1 July 1906, pertain specifically to financial and allowance regulations for the military forces of the Commonwealth. These regulations apply to individuals and troops within the military who are responsible for any wilful damage or neglect to buildings or works, where the Staff Officer for Engineer Services in the district will recover the cost of repairs through the Commanding Officer of the concerned unit. Furthermore, these regulations also cover specialist and special duty pay, as evidenced by the amendment in the pay rates for telegraph linesmen. The provisions extend to the entire Commonwealth, ensuring uniform application across all military forces. Notably, the regulations do not specify any exclusions or exemptions, but rather, they are designed to ensure accountability and financial responsibility within the military framework. The application of these regulations may be further detailed or adjusted through subordinate instruments, allowing for flexibility and responsiveness to evolving military needs.
Key Provisions
The Provisional Regulations under the Defence Acts 1903-1904, specifically Statutory Rules 1906 No. 73, introduce significant changes to financial and allowance regulations for the military forces. Notably, paragraph 42 concerning Barrack Damages has been cancelled and replaced with a new provision (paragraph 42). Under this new provision, when damage to buildings or works occurs due to wilful damage or neglect by individuals or troops, the Staff Officer for Engineer Services in the relevant district is responsible for recovering the repair costs. This recovery is to be made through the Commanding Officer of the concerned unit, who will then forward the amount to the District Paymaster for payment into revenue (paragraph 42).
These regulations impose specific obligations on the military personnel and their commanding officers. The Staff Officer for Engineer Services must ensure that costs for repairs due to wilful damage or neglect are assessed and recovered from the responsible parties. The Commanding Officer of the unit involved must then facilitate the forwarding of these costs to the District Paymaster. Furthermore, the District Paymaster has the responsibility of receiving these funds and ensuring they are appropriately accounted for within the revenue system.
Failure to comply with these provisions could lead to various consequences. While the regulations do not explicitly state penalties for non-compliance, the seriousness of the requirement to recover and account for repair costs suggests that breaches could result in disciplinary actions against the officers involved. Additionally, the failure to properly account for funds could lead to financial mismanagement and potential legal ramifications. The precise nature of these consequences would depend on the internal military disciplinary processes and broader legal frameworks governing financial accountability within the military.
In summary, these regulations place clear responsibilities on the Staff Officer for Engineer Services, the Commanding Officer, and the District Paymaster to ensure that costs for wilful damage or neglect are recovered and accounted for correctly. While the specific penalties for non-compliance are not detailed, the importance of these duties implies that failure to adhere to them could lead to significant consequences for those involved.