STATUTORY RULES.
1907. No. 117.
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 Regulation under the Defence Acts 1903-1904 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twelfth day of November, 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.
Amendment.
Regulation 152 is amended as follows:—
Delete the words “but these rates are not to be allowed as commuted rates” in the 5th and 6th lines; and the words “and vouchers must be furnished in support of all claims” in the 10th and 11th lines.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.14648.—Price 3d.
Overview
The Statutory Rules 1907 No. 117, Provisional Regulations under the Defence Acts 1903-1904, were enacted to swiftly address urgent matters concerning financial and allowance regulations for the Military Forces of the Commonwealth. The regulation, certified by the Governor-General with advice from the Federal Executive Council, was made to come into immediate effect due to the urgency of the situation. This legislative instrument was designed to make amendments to existing regulations, specifically modifying the terms related to commuted rates and the requirement for vouchers to support claims. The overarching policy objective was to ensure that the military forces could operate effectively with updated financial regulations that were more aligned with the needs of the time.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 apply specifically to the financial and allowance regulations for the military forces of the Commonwealth of Australia. This legislative instrument pertains to the modification of existing rates and requirements for claims within the military forces, thereby directly affecting personnel and entities within the scope of the Defence Acts. The regulation ensures that the rates specified are allowable without the need for specific vouchers in support of claims, thereby streamlining certain administrative processes. Geographically, the application of these regulations is national, as they pertain to the Commonwealth of Australia and its military forces. The regulations do not specify any exclusions or exemptions but focus on the amendment of existing financial and allowance regulations. Any further application or specific details regarding the scope may be extended or restricted through subordinate instruments, as permitted by the overarching Defence Acts.
Key Provisions
The main operative sections of these Provisional Regulations under the Defence Acts 1903-1904 involve amendments to the Financial and Allowance Regulations for the Military Forces of the Commonwealth, specifically amending Regulation 152. The primary change is the deletion of the words "but these rates are not to be allowed as commuted rates" in lines 5 and 6, and the removal of the requirement for vouchers to support all claims in lines 10 and 11. These amendments aim to streamline the process for military personnel in relation to allowances and claims, removing certain restrictions and documentation requirements.
These Provisional Regulations impose certain obligations on the parties and entities they govern. Military personnel who are eligible for allowances under the Financial and Allowance Regulations now have the ability to claim these allowances without the previously required commuted rates or vouchers. This change is intended to simplify the process for service members, making it easier for them to access the financial support to which they are entitled. Additionally, the regulations still require compliance with other provisions of the Financial and Allowance Regulations, ensuring that all claims are legitimate and within the scope of the allowances provided.
In terms of offences, penalties, or consequences for breach, the Statutory Rules do not explicitly outline any criminal or civil penalties for non-compliance with these Provisional Regulations. However, it is understood that failure to comply with the Financial and Allowance Regulations could result in disciplinary action or other consequences as prescribed by the Defence Acts 1903-1904. The maximum penalties for such breaches would depend on the specific nature of the violation and the applicable provisions of the Defence Acts.
These Provisional Regulations are made under the authority of the Governor-General and come into immediate operation. They are designed to address the urgency of the situation, as certified by the Governor-General acting on the advice of the Federal Executive Council. The Regulations were issued on the twelfth day of November, one thousand nine hundred and seven, and are to be enforced forthwith. The Acting Government Printer, J. Kemp, has issued these Statutory Rules in Melbourne, and they are available for purchase at a price of three pence.