Financial and Allowance Regulations for the Military Forces of the Commonwealth (Amendment) (Provisional)

Overview

The Statutory Rules 1913 No. 42, which introduced the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, was enacted in 1913 by the Governor-General in Council under the Defence Act 1903-1912. This legislative instrument aimed to address the need for provisional financial and allowance regulations for the military forces, particularly in response to the transfer of furniture for members of the Permanent Forces to and from the Royal Military College. The policy objective of these provisional regulations was to provide a clear and immediate framework for the financial aspects of military operations, including the allowance for the removal of furniture, thereby ensuring that the military could function smoothly and efficiently during a period of transition or urgency. These regulations were introduced to fill a gap in the existing legal framework by providing provisional measures that could be applied immediately, as evidenced by the certification for urgency by the Governor-General. The regulations detail specific scales for the payment of removals and the issuance of departmental warrants for the transport of furniture, highlighting the practical and immediate needs of the military during this transitional phase.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, specifically the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, pertain to members of the Permanent Forces, particularly those who are transferred to or from the Royal Military College. This Act applies to personnel within the Australian Defence Force who are undergoing relocation between various military installations and the Royal Military College. The geographic scope of this Act is national, as it involves multiple states and territories including Melbourne, Adelaide, Sydney, Perth, Brisbane, Hobart, Thursday Island, and Queanbeyan. The Act provides a scale for the payment of removal expenses for the relocation of furniture for these members, setting specific rates for each transfer path. Notably, this regulation allows for additional charges when no military transport is available, particularly when moving from Queanbeyan to the College. The Act does not explicitly state any exclusions or thresholds, but it does specify subordinate instruments that may further detail the application and scope of these regulations.

Key Provisions

The main operative sections of this legislative instrument (Statutory Rules 1913 No. 42) concern the addition to the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, specifically Regulation 166, Section (5), which pertains to the payment for the removal of furniture for members of the Permanent Forces transferred to or from the Royal Military College (section (5)). This regulation establishes a new scale for payment when furniture is moved from various locations to the Royal Military College and vice versa. For instance, the removal from Melbourne to the College is treated as a move within a State, while the removal from Adelaide to the College is treated similarly to a move from Adelaide to Sydney (Regulation 166, Section (5)). It also clarifies that departmental warrants are to be issued for the rail transport of furniture, and additional charges will be allowed for transport from Queanbeyan to the College if military transport is not available. The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that claims for payment for the removal of furniture must adhere to the newly established scale. This includes correctly categorising the move based on the originating and destination locations, as outlined in the regulation. Additionally, it requires that departmental warrants are used to cover the cost of transporting furniture by rail, ensuring that the process is both regulated and documented. The regulation also necessitates that if military transport is not available for the move from Queanbeyan to the College, additional charges will be allowed, which must be accounted for in the claims process (Regulation 166, Section (5)). In terms of consequences for breach, the legislative instrument does not explicitly state any offences, penalties, or specific civil or criminal consequences for non-compliance with the new regulations. However, it is reasonable to infer that any failure to adhere to the stipulated scales, processes, and requirements for claims could result in financial discrepancies or disputes. Given that the regulation is provisional, any breaches might also be subject to administrative review or correction by the relevant authorities. The absence of detailed penalties in the text implies that enforcement would likely rely on internal administrative measures to ensure compliance with the new financial and allowance provisions.