STATUTORY RULES.
1908. No. 118.
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 10th day of November, One thousand nine hundred and eight.
DUDLEY,
Governor-General.
By His Excellency’s Command,
THOS. EWING.
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Amendment.
Regulation 143.
4. Transfers and Removals.
Paragraphs (e), (f), and (g) are cancelled, and the following are substituted therefor:—
(e.) It is to be distinctly understood that the Department accepts no responsibility in connexion with the removal of a member’s furniture or his effects, and no claim for any losses or damages arising from such removals, or for delays in transit, will be recognised.
(f.) Members are expected to obtain quotations from two or more contractors, and to make the most economical arrangements possible. Only in very exceptional circumstances will any amount in excess of the scale be authorized by the Minister.
By Authority: J. Kemp, Government Printer, Melbourne.
C. 14240.—Price 3d.
Overview
The Statutory Rules 1908, No. 118, known as the Provisional Regulations under the Defence Acts 1903-1904, were enacted by the Governor-General, acting on the advice of the Federal Executive Council, in response to an urgent need to establish financial and allowance regulations for the military forces of the Commonwealth. This legislative instrument was introduced to provide a provisional framework for managing the logistical and financial aspects of military operations, particularly regarding the removal and transportation of military personnel's effects. The policy objective was to ensure that the Department of Defence could efficiently manage the logistical challenges associated with military service while clearly delineating the responsibilities and expectations of both the department and the service members.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, certified by the Governor-General in Council and coming into operation immediately, pertain to the financial and allowance regulations specifically for the military forces of the Commonwealth. These regulations outline the Department's position on the removal of members' furniture and effects, clarifying that the Department does not accept responsibility for any losses or damages during such removals, nor will it recognise claims for delays in transit. The regulations also stipulate that members must seek quotations from multiple contractors to ensure economical arrangements, with any excess amounts only authorised by the Minister in exceptional circumstances. The geographic and jurisdictional reach of these regulations is limited to the Commonwealth, applying specifically to the military forces within the framework established by the Defence Acts 1903-1904. These regulations are intended to provide clear guidelines and limitations on financial and logistical arrangements for military personnel, ensuring transparency and accountability in the handling of their effects.
Key Provisions
The Statutory Rules 1908 No. 118, titled "Provisional Regulations Under the Defence Acts 1903-1904," primarily serves to update financial and allowance regulations for the Military Forces of the Commonwealth, specifically addressing the arrangements for the transfer and removal of a member's furniture and effects (Reg. 143.4). The key provision here is the substitution of paragraphs (e), (f), and (g) in Regulation 143.4, which clarifies the Department's stance on the removal of a member's belongings and the process for obtaining quotes from contractors.
Under these regulations, the Department explicitly states it does not accept any responsibility for the removal of a member’s furniture or effects, nor will it recognise any claims for losses or damages arising from such removals or for delays in transit (Reg. 143.4(e)). Furthermore, members are encouraged to obtain quotations from at least two contractors to ensure the most economical arrangements possible. Only in exceptional circumstances will the Minister authorise an amount exceeding the approved scale (Reg. 143.4(f)).
These regulations impose specific obligations on the parties involved. Members of the Military Forces are required to obtain multiple quotations to ensure cost-effectiveness, and they must adhere to the approved scale unless an exception is granted by the Minister. The Department, on the other hand, is absolved of any liability concerning the removal of personal effects, ensuring that no claims for losses, damages, or delays will be entertained.
Failure to comply with these regulations could result in financial repercussions for the members if they exceed the approved scale without proper authorisation, and the Department would not be liable for any issues that arise during the removal of personal effects. While the specific civil or criminal penalties for breaches are not detailed in the extract, breaches of similar regulations can often lead to financial penalties or disciplinary actions within the military framework.