Financial and Allowance Regulations for the Military Forces of the Commonwealth (Amendment) (Provisional)

Overview

Statutory Rules 1912 No. 24, titled "Provisional Regulations Under the Defence Act 1903-1911," was introduced to address the need for immediate adjustments to financial and allowance regulations governing the military forces of the Commonwealth. Enacted by the Governor-General in Council, the Regulations sought to provide a provisional solution to issues arising from the Defence Act 1903-1911. One significant addition under this Statutory Rule is Regulation 163a, which allows for compensation to be granted under certain conditions for loss or injury to horses lent or hired to individual members of the Forces for authorized military purposes. This amendment was made to ensure that members of the military are adequately supported and compensated for such losses, reinforcing the policy objective of maintaining operational readiness and fairness within the military force structure.

Scope and Application

The Statutory Rules of 1912, No. 24, amending the Financial and Allowance Regulations for the military forces of the Commonwealth, introduces a provisional regulation aimed at addressing compensation for the loss or injury of horses lent or hired to individual members of the forces for use at authorised parades or camps. This amendment extends to circumstances where the horse was deemed fit for military purposes at the time of being lent or hired, subject to proof by the owner to the Military Board. This regulation applies to military personnel who utilise horses for authorised activities, with the compensation framework mirroring the conditions outlined in existing regulations 158 to 163. The amendment is intended to provide a uniform approach to compensation in these specific circumstances, ensuring that members of the military who suffer loss or injury to horses used for official duties are appropriately supported. The regulation applies nationally across the Commonwealth of Australia, as it falls under the Defence Act 1903-1911.

Key Provisions

The main operative section of this Provisional Regulation, Regulation 163a, introduces provisions for compensation in cases of loss or injury to a horse lent or hired to an individual member of the Forces for use at authorized parades or camps. This is a direct addition to the existing Regulation 163, extending the scope of compensation to include such scenarios. Specifically, compensation may be granted under the same conditions as outlined in Regulations 158 to 163, provided that the horse owner can demonstrate that the horse was fit for military purposes at the time it was lent or hired (Reg. 163a). Entities and parties governed by this Act are required to adhere to the conditions set out in Regulation 163a for the granting of compensation. This includes individual members of the Forces who may have lent or hired a horse for authorized military activities. The horse owner must prove the fitness of the horse for military purposes, which places the onus on them to provide satisfactory evidence to the Military Board. The Military Board, in turn, has the responsibility to review the evidence and determine whether compensation should be granted based on the criteria specified in Regulations 158 to 163. In terms of potential consequences for non-compliance, the Statutory Rules do not explicitly state any offences, penalties, or specific civil or criminal consequences for breach of Regulation 163a. However, failure to adhere to the requirements for proving the fitness of the horse could result in the denial of compensation. Given the Provisional nature of these regulations, it is also possible that subsequent legislation or amendments could introduce additional penalties or enforcement mechanisms. The absence of explicit penalties in this particular regulation suggests that the primary recourse for non-compliance would be the denial of compensation rather than punitive measures.