STATUTORY RULES.
1908. No. 5.
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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 make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this thirty-first day of December, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
THOS. EWING.
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Amendments.
SECTION V.—CAMP OR FIELD ALLOWANCES.
Regulation 160.—For the words “will be entitled to,” in line three, substitute “may be allowed.”
Regulation 161.—For the word “will” in line one, substitute “may.”
At the end of Regulation 161, insert the following:—
“Note.—The allowances referred to in Regulations 160 and 161 cannot be drawn unless approval has been previously obtained from the District Commandant, who will satisfy himself that funds are available.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.15807.—Price 3d.
Overview
The Statutory Rules 1908 No. 5, Provisional Regulations under the Defence Acts 1903-1904, were introduced to provide immediate and necessary amendments to the financial and allowance regulations for the military forces of the Commonwealth. Enacted by the Governor-General in Council under the urgency of the situation, these regulations were designed to ensure that the military personnel received their due allowances only when the District Commandant approved and confirmed the availability of funds. This legislative instrument highlights the policy objective of maintaining strict financial control and accountability within the military allowances system, ensuring that payments are made judiciously and only when authorised. The regulations reflect the legislative intent to balance the needs of the military personnel with the financial prudence required in managing Commonwealth resources.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, as certified by the Governor-General and coming into operation immediately, primarily apply to the military forces of the Commonwealth. These regulations concern financial and allowance regulations, particularly those relating to camp or field allowances, and they amend existing provisions to clarify that such allowances are subject to the discretion of the District Commandant, who must ensure the availability of funds before granting approval. The regulations are geographically applicable across the Commonwealth, affecting all military personnel and entities involved in military operations and administration. There are no explicit exclusions or thresholds mentioned in the provided text, but the necessity for prior approval from the District Commandant introduces a control mechanism over the distribution of allowances. Additionally, the regulations are subject to further modification through subordinate instruments, which may extend or restrict their application as deemed necessary by the relevant authorities.
Key Provisions
The Provisional Regulations under the Defence Acts 1903-1904 introduce specific amendments to the financial and allowance regulations for the military forces of the Commonwealth, particularly concerning camp or field allowances. Regulation 160 modifies the entitlement of allowances, changing the term “will be entitled to” to “may be allowed,” which implies that allowances are not guaranteed unless certain conditions are met (Reg 160). Similarly, Regulation 161 alters the wording from “will” to “may,” indicating that the provision of allowances is subject to discretionary approval rather than automatic entitlement (Reg 161). Additionally, a note is inserted at the end of Regulation 161, clarifying that these allowances cannot be drawn unless they have been pre-approved by the District Commandant, who must ensure that funds are available (Reg 161 Note).
The obligations imposed by these regulations are primarily on military personnel who are seeking camp or field allowances. They are required to obtain prior approval from the District Commandant, who must verify the availability of funds before any allowances can be disbursed (Reg 161 Note). This process ensures that the distribution of allowances is managed within the financial constraints of the military force and that funds are allocated appropriately.
Failure to comply with these regulations could result in civil or administrative consequences. If military personnel attempt to draw allowances without the necessary approval, it could be considered a breach of the specified conditions, potentially leading to disciplinary actions or financial penalties. While the regulations do not explicitly outline specific penalties, the overarching Defence Acts 1903-1904 and related military law frameworks could impose sanctions for such infractions, which may include fines or other administrative measures. The exact penalties would depend on the severity of the breach and the military’s internal disciplinary procedures.