STATUTORY RULES.
1912. No. 22.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 113a—Addition.
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 immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this first day of February, 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.
Regulation 113a—Addition to 2nd Sub-paragraph—Boots.
In the fourth line, after the words “per pair,” add:—
“provided that in special cases where no contract exists in a State, the Commandant may approve of the lowest local quotation.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.1122.—Price 3d.
Overview
The Statutory Rules 1912 No. 22, titled "Provisional Regulations Under the Defence Act 1903-1911," were enacted in 1912 to address immediate financial and allowance needs for the military forces of the Commonwealth. These provisional regulations were issued by the Governor-General in Council, reflecting the urgency and necessity to provide for the military's operational requirements without delay. The Defence Act 1903-1911 served as the foundational legislation, and these regulations were intended to supplement it by providing detailed financial guidelines and allowances for the military forces. This legislative instrument aimed to ensure that military personnel were adequately provided for in terms of their financial needs and allowances, particularly in situations where no formal contracts were in place, thus allowing for flexibility in procurement processes.
The enacting body, the Governor-General in Council, recognised the critical need for prompt and effective financial regulations to support the Commonwealth's military forces. The policy objective was to establish a provisional framework that could be swiftly implemented to meet the immediate operational requirements of the military, ensuring that they had the necessary resources and support without bureaucratic delays. These regulations were thus designed to bridge any existing gaps in the financial provisions for the military, providing a provisional yet robust system to support the Commonwealth's defence capabilities.
Scope and Application
The Statutory Rules 1912 No. 22, under the Defence Act 1903-1911, pertains to the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, specifically addressing the procurement of military boots. The regulation applies to the military forces under the Commonwealth, governing the allowances and financial aspects associated with their equipment, including the acquisition of boots. It is applicable to all military personnel and entities involved in the procurement process within the Commonwealth of Australia. The regulation allows for flexibility in boot procurement by permitting the Commandant to approve the lowest local quotation in special cases where no contract exists in a state, thereby ensuring cost-efficiency while maintaining operational readiness. The regulation comes into immediate operation as a Provisional Regulation, underscoring its urgency and immediate applicability to the military forces.
Key Provisions
The Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, introduced under the Defence Act 1903-1911, have specific provisions that govern financial and allowance matters for military personnel. Regulation 113a, which pertains to boots, is a key operative section that introduces flexibility in procurement (Reg. 113a). Under this regulation, while the standard procedure is to acquire boots through existing contracts, it allows the Commandant to approve the lowest local quotation in special cases where no contract is in place. This ensures that boots can be procured efficiently, even in situations where contractual arrangements are not feasible.
These provisional regulations impose certain obligations on military personnel and the authorities responsible for their welfare. The primary obligation is to ensure that boots are procured in a manner that is both cost-effective and timely (Reg. 113a). The Commandant must exercise discretion in approving the lowest local quotation in special cases, ensuring that this approval does not compromise the quality or suitability of the boots for military use. This flexibility is intended to address immediate needs while adhering to the overall financial and logistical framework established by the Defence Act.
Breach of the Financial and Allowance Regulations can lead to various consequences, depending on the severity and intent of the violation. If the provisions are not followed, it may result in financial mismanagement or inefficiency, which could impact the operational readiness and welfare of military personnel. While the statutory rules do not explicitly state penalties for non-compliance, breaches of Defence Act provisions generally carry significant administrative and disciplinary consequences. These can include disciplinary action against the responsible officers and potential financial audits to rectify any irregularities in expenditure and procurement processes.