STATUTORY RULES.
1912. No. 236.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Amendment to Financial and Allowance Regulation 166.
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 Act 1903–1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twelfth day of December, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 166—
After—“(9) General. (j)”
Add—“(10) Examination of Candidates for Appointment and Transfer to First Commissions in the Permanent Forces.
(a) Members of the Military Forces will not be granted travelling allowances or transport at the public expense when presenting themselves at the educational or written portion of the military competitive examination for appointment or transfer to first commissions in the Permanent Forces.
Free transport and the travelling allowances of their rank will be allowed only to members of the Military Forces when presenting themselves at the practical portion of the examination.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.17289.—Price 3d.
Overview
Statutory Rules 1912 No. 236, introduced under the Defence Act 1903–1912, addresses the need for financial regulations governing allowances for military candidates undergoing competitive examinations for first commissions in the Permanent Forces. Enacted by the Governor-General in Council, the regulation aims to clarify the circumstances under which members of the Military Forces are entitled to travelling allowances and free transport for different parts of the examination process. Specifically, it excludes candidates from receiving these allowances during the educational or written phases of the examination, reserving them only for the practical portion. This legislative instrument was published with urgency, reflecting the immediate operational requirements of the military forces during this period.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912, specifically amending Financial and Allowance Regulation 166, pertain to the financial and allowance entitlements of members of the Military Forces in the Commonwealth of Australia. The regulation applies to members of the Military Forces who are presenting themselves for military competitive examinations for appointment or transfer to first commissions in the Permanent Forces. The regulation clarifies that members of the Military Forces will not be granted travelling allowances or transport at public expense for the educational or written portion of the examination. However, they will be entitled to free transport and the travelling allowances of their rank when presenting themselves at the practical portion of the examination. This regulation ensures that the allowances are appropriately allocated based on the stage of the examination process. The application of this regulation is limited to members of the Military Forces and does not extend to other entities or individuals. It is a provisional regulation and is in effect as of the date of issuance.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Act 1903–1912 concern the financial and allowance regulations, specifically amending Regulation 166 (10). This amendment pertains to the allowances and travel provisions for members of the Military Forces when they present themselves for military competitive examinations for appointment or transfer to first commissions in the Permanent Forces. According to the new provision, members will not receive travelling allowances or transport at the public expense for the educational or written portion of the examination (Regulation 166(10)(a)). However, they will be granted free transport and the travelling allowances of their rank for the practical portion of the examination (Regulation 166(10)(a)).
The Provisional Regulations impose certain obligations on members of the Military Forces regarding their travel and financial allowances during the competitive examination process. Members must adhere to the new stipulations regarding allowances and travel, ensuring they do not claim public expense for transport or allowances during the educational or written examination phases. They are, however, entitled to free transport and the relevant allowances for the practical examination phase. These obligations aim to establish a fair and consistent approach to managing the costs associated with the competitive examination process.
Breach of the provisions outlined in the Provisional Regulations may result in civil or administrative consequences for the members of the Military Forces. If a member claims allowances or transport for the educational or written portion of the examination when not entitled, they could be subject to financial penalties or other corrective measures. The regulations do not explicitly outline specific penalties or consequences for non-compliance, but it is inferred that failing to adhere to the allowance and travel provisions could lead to financial recovery actions or other administrative repercussions. It is essential for members to understand and comply with these provisions to avoid any adverse outcomes.