STATUTORY RULES.
1910. No. 73.
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, further, should be taken to have come into operation on and from the 1st July, 1910, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this 16th day of August, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
FINANCIAL AND ALLOWANCE REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Addition.
After Regulation 88 (a), add—
88 (b). Where the efficiency Regulations require that, to be efficient, an officer or soldier must attend a period of continuous training in a camp or bivouac, pay for the number of days so prescribed shall be set aside from the total annual amount authorized, and shall not be available for any parade or drill other than attendance at such continuous training.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.9715—Price 3d.
Overview
The Provisional Regulations Under the Defence Acts 1903-1904, certified by the Governor-General on behalf of the Federal Executive Council and dated 16 August 1910, introduce financial and allowance regulations for the military forces of the Commonwealth. This legislative instrument, numbered as Statutory Rules 1910, No. 73, was enacted to address the need for immediate financial regulation adjustments in the military. The regulations aim to ensure that military personnel are compensated appropriately for their training periods while maintaining financial discipline by setting aside specific funds for prescribed training and not for other activities. This was taken to have come into operation on and from the 1st July, 1910, under the urgency provisions of the Defence Acts 1903-1904.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, as detailed in Statutory Rules 1910 No. 73, establish specific financial and allowance regulations for the military forces of the Commonwealth of Australia. These regulations primarily apply to officers and soldiers who are mandated to attend periods of continuous training in camps or bivouacs as stipulated by the efficiency regulations. The purpose of these provisions is to ensure that the funds allocated for such training are dedicated exclusively to this purpose, thereby preventing the diversion of these funds for other activities such as parades or drills that do not involve the required continuous training. The scope of this regulation is limited to the Commonwealth level, impacting all military personnel within the national jurisdiction.
The regulation is designed to enhance the efficiency and effectiveness of military training by ensuring financial resources are used appropriately. It sets out a clear directive that any pay designated for the prescribed days of continuous training must be allocated specifically for that purpose and cannot be repurposed for other military activities. The regulation comes into immediate effect and is enforced across the Commonwealth, impacting all military personnel who fall under the purview of the Defence Acts 1903-1904. The regulation does not explicitly state any exclusions or exemptions, suggesting that its application is broad and inclusive of all relevant military personnel. The regulation also does not extend or restrict its application through subordinate instruments, maintaining its direct and immediate scope as outlined.
Key Provisions
The Provisional Regulations under the Defence Acts 1903-1904, specifically within Statutory Rules 1910, No. 73, introduce important modifications to the financial and allowance regulations for the military forces of the Commonwealth. One of the main operative sections is the addition to Regulation 88(a), where Regulation 88(b) is introduced. This new section stipulates that when the efficiency regulations require an officer or soldier to attend a period of continuous training in a camp or bivouac, the pay for the prescribed number of days must be set aside from the total annual amount authorised. This designated pay is to be used solely for the attendance at such continuous training and cannot be allocated for any other parade or drill (Regulation 88(b)).
The Act imposes specific obligations on the military forces, primarily focusing on ensuring that funds are properly allocated for the required periods of continuous training. This means that the financial resources must be managed in a way that strictly adheres to the provisions set forth in the efficiency regulations. For instance, any pay allocated for continuous training cannot be diverted to other uses such as general parades or drills. This requirement ensures that the military maintains a disciplined and structured approach to training, with financial resources being directed precisely where they are needed.
Failure to comply with the provisions of this Regulation could lead to several consequences. Although the exact penalties are not detailed within the text, breaches of military regulations generally carry significant disciplinary actions, which could include administrative penalties, demotion, or even discharge from service. Additionally, if the breach is considered severe enough, it may also lead to criminal charges under the Defence Acts 1903-1904. Such charges could result in fines or imprisonment, depending on the severity of the breach and the discretion of the court. These measures are in place to ensure strict adherence to the regulations and to maintain the high standards required for the efficiency of the military forces.