STATUTORY RULES.
1915. No. 125.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
Financial and Allowance Regulations for the Military Forces of the Commonwealth—Regulations 62, 73, and 196—Amendment.
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 Act 1903-1915 should come into immediate operation, and make the Regulations to coms into operation accordingly as Provisional Regulations.
Dated this twenty-first day of July, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Amendments.
Regulation 62 is cancelled, and the following substituted therefor:—
“62. All persons whose pay is governed by these Regulations shall on promotion to a rank or position carrying a higher rate or improved conditions of pay draw such pay from the date of promotion provided that if the duties of the higher rank or position are not taken up within one month from the date of promotion the higher rate of pay shall only be drawn from the date of actually taking up duty or from such date as the Minister may direct.”
Regulation 73.—Add at the end of sub-paragraph (f) the following:—
“The foregoing shall also apply to a soldier on the married establishment stationed at Thursday Island or Townsville who is separated from his wife and family for satisfactory reasons other than the ill-health of his wife, with the exception that, in lieu, of a medical certificate, the approval of the Minister must first be obtained.”
C.8801.—Price 3d.
Overview
The Statutory Rules 1915 No. 125, enacted as Provisional Regulations under the Defence Act 1903-1915, were introduced to address urgent administrative needs within the financial and allowance framework for the Military Forces of the Commonwealth. These Regulations were made with the authority of the Governor-General and the Federal Executive Council due to the urgency of the amendments required. The primary focus of these regulations is to clarify and adjust the conditions under which military personnel draw their pay upon promotion and to provide specific allowances for soldiers stationed in particular locations who are separated from their families for reasons other than the ill-health of their spouses. The policy objective behind these amendments is to ensure that military personnel receive their allowances in a timely and fair manner, reflecting the urgency and specific circumstances of their service.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1915, specifically targeting Financial and Allowance Regulations for the Military Forces of the Commonwealth, apply to all individuals whose remuneration is governed by these regulations, including members of the military. The regulations encompass those who are promoted to a rank or position that carries a higher rate or improved conditions of pay, and they stipulate that such personnel will draw the higher pay from the date of promotion, contingent upon the commencement of duties within one month. In cases where the higher duties are not taken up within this timeframe, the increased pay will only commence from the actual date of duty commencement or a date specified by the Minister. Additionally, the regulations extend to soldiers on the married establishment stationed at locations like Thursday Island or Townsville who are separated from their families for reasons deemed satisfactory, excluding instances of ill-health of the spouse. These provisions necessitate the approval of the Minister instead of a medical certificate. The regulations have a jurisdictional reach that is national, applying uniformly across the Commonwealth, and they operate under the overarching authority of the Defence Act 1903-1915, with specific amendments to regulations 62 and 73.
Key Provisions
The Regulations primarily amend sections 62 and 73 of the Financial and Allowance Regulations for the Military Forces of the Commonwealth, affecting the pay and conditions for military personnel. Regulation 62 now stipulates that personnel promoted to a rank or position with higher pay rates or improved conditions should receive their new pay from the promotion date. However, if the duties of the higher rank or position are not taken up within one month from the date of promotion, the higher pay rate is only effective from the date of duty commencement or as directed by the Minister (Regulation 62). Regulation 73 extends the conditions for special rates of pay to soldiers stationed at Thursday Island or Townsville who are separated from their families for reasons other than the ill-health of their wives. Instead of requiring a medical certificate, these soldiers must obtain the Minister’s approval (Regulation 73).
These Regulations impose several obligations on military personnel and the Minister. Personnel who are promoted must draw their higher pay from the date of promotion, provided they take up their new duties within one month. If they do not, their higher pay is deferred until they commence their duties or as directed by the Minister. Additionally, soldiers separated from their families under specified conditions must seek and obtain the Minister’s approval before receiving the special rates of pay, rather than a medical certificate.
Failure to comply with these Regulations may result in civil or criminal consequences. While the specific penalties are not detailed within these Regulations, breaches of military regulations typically carry significant consequences under military law, which may include disciplinary action, fines, or other sanctions as prescribed by the Defence Act 1903-1915 or relevant military codes. The exact penalties would be determined based on the nature and severity of the breach.