STATUTORY RULES.
1912. No. 133.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Amendment to Financial and Allowance Regulation 107 (b).
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 Act 1903-1911 should come into operation on and from the 1st day of July, 1912, and to make the Regulation to come into operation accordingly as a provisional Regulation.
Dated this third day of July, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Part IV.
Militia and Volunteer Forces.
In Regulation 107 (b), for the following words—
“One-half of the annual rate of pay shall be paid to members of the Militia Staffs,”
substitute—
“One-half of the annual rate of pay shall be paid to members of the Militia Staffs and Intelligence Corps.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.8111.—Price 3d.
Overview
The Statutory Rules 1912 No. 133, enacted on the 1st of July 1912, represents a provisional regulation under the Defence Act 1903-1911, designed to address immediate operational needs of the Commonwealth's military forces. The regulation was certified by the Governor-General, acting on the advice of the Federal Executive Council, to come into effect swiftly due to the urgency of the matter. The specific problem or gap targeted by this regulation was to adjust the financial and allowance structure for members of the Militia Staffs and Intelligence Corps. By amending Regulation 107(b), the regulation ensures that one-half of the annual rate of pay is now applicable to members of the Militia Staffs and the newly included Intelligence Corps, thereby aligning their compensation with the operational demands and contributions of these roles.
This provisional regulation was issued to ensure that the financial arrangements for the military personnel were promptly and effectively updated, reflecting the evolving nature of military operations and the roles within the forces. The enacting body was the Federal Executive Council, guided by the authority of the Governor-General, to ensure the regulations met the necessary urgency and legal requirements. The overarching policy objective was to provide a clear and immediate adjustment to the financial support structure for specific military staff roles, ensuring they were fairly compensated for their duties.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911, specifically amending the Financial and Allowance Regulation 107 (b), apply to members of the Militia Staffs and the Intelligence Corps within the military forces of the Commonwealth of Australia. This amendment extends the scope of the regulation to include members of the Intelligence Corps, thereby ensuring they receive one-half of the annual rate of pay, similar to members of the Militia Staffs. The legislation is of Commonwealth jurisdiction, applying across the entire nation. The regulation was enacted with urgency and came into effect on 1st July 1912, as certified by the Governor-General in accordance with the advice of the Federal Executive Council. There are no stated exclusions or exemptions in this particular amendment, and its application is confined to the financial and allowance provisions outlined within the Defence Act. The scope of the regulation may be further extended or clarified through subordinate instruments, although no such extensions or restrictions are specified in this document.
Key Provisions
The Statutory Rules of 1912, No. 133, amend the Financial and Allowance Regulation 107 (b) under the Defence Act 1903-1911. This amendment modifies the payment provisions for members of the Militia Staffs. Specifically, Regulation 107 (b) originally stipulated that one-half of the annual rate of pay would be paid to members of the Militia Staffs. The amendment now includes members of the Intelligence Corps, ensuring they receive the same financial benefits as members of the Militia Staffs. This adjustment aims to align the compensation structure across these two groups.
The Act imposes several obligations on the parties governed by it. Firstly, it mandates that the government pay one-half of the annual rate of pay to both members of the Militia Staffs and the Intelligence Corps. This obligation ensures that all eligible personnel within these groups receive a consistent and fair remuneration package. Furthermore, the Act requires the government to implement this change promptly, as indicated by its provisional status and the urgency stated in the certification by the Governor-General.
Non-compliance with the provisions of this Act could result in legal consequences. While the specific penalties are not detailed in the excerpt provided, breaches of statutory obligations under the Defence Act 1903-1911 could lead to civil or criminal penalties. Typically, breaches of military regulations might incur fines, imprisonment, or other penalties as prescribed by relevant laws. The severity of the penalty would depend on the nature and extent of the breach, and could be determined by a court of law.