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

Overview

The Statutory Rules 1904, No. 43, introduced by the Department of Defence on the 27th of July, 1904, serves to amend the Financial and Allowance Regulations, 1904 (provisional), specifically addressing the pay of permanent forces. This legislative instrument was enacted to provide a clear and updated scale of pay for crew members of the steam launch “Mars,” including engine drivers, coxswains, deck hands, and firemen, effective from the 1st of July, 1904. The objective of this regulation is to ensure consistency in the remuneration and allowances for these positions, while also maintaining existing pay rates for those who were serving prior to this date until they are re-engaged under the new scale. This legislative amendment was designed to fill the gap in the financial regulations for the military personnel, providing a structured approach to their compensation and benefits.

Scope and Application

The Military Forces of the Commonwealth—Addition to the Financial and Allowance Regulations, 1904 (Provisional) governs the pay scales of personnel within the permanent forces of the Commonwealth, specifically addressing the crew of the steam launch “Mars.” This legislative instrument applies to individuals who are part of the crew of the mentioned steam launch, including engine drivers, coxswains, deck hands, and firemen, who are employed after the effective date of 1st July, 1904. Personnel who were serving prior to this date will continue to receive their existing rates of pay until they are re-engaged under the new scale. The regulations also include provisions for increments in pay at specified intervals and deductions from pay for those occupying quarters. The jurisdictional reach of this Act is confined to the Commonwealth of Australia, specifically within the Defence sector, and it does not extend to other military branches or personnel outside the designated crew of the steam launch “Mars.” The Act does not explicitly mention exclusions, exemptions, or thresholds beyond the specified personnel and the date of application.

Key Provisions

The key provisions of the legislative instrument (C1904L00043) introduce a new section (73a) into the Financial and Allowance Regulations, 1904, concerning the pay of the crew of the steam launch “Mars” within the Permanent Forces. Section 73a sets out the specific rates of pay and increments for various ranks, including engine-driver, coxswain, deck hand, and fireman. The pay rates are inclusive of ration, uniform, and all allowances other than travelling allowances. This new section applies to all appointments or re-engagements after 1 July 1904, while those who were serving prior to this date will continue to receive their existing rates of pay until they are re-engaged. The obligations imposed by this legislation require the Department of Defence to adhere to the specified pay rates and increments for the crew of the steam launch “Mars.” This includes ensuring that the stipulated deductions from pay are made for those occupying quarters. Additionally, the legislation mandates that the increments for the engine-driver and coxswain are to be paid at intervals of not less than one year, and that the per diem for deck hand and fireman increases biennially by sixpence. Failure to comply with the pay scales and increments outlined in section 73a may lead to potential breaches of the Financial and Allowance Regulations, 1904. However, the legislation does not explicitly outline specific offences, penalties, or consequences for such breaches. The absence of detailed penalties in the provided excerpt suggests that the enforcement and consequences of non-compliance may be governed by other provisions within the broader legislative framework or related regulations. The maximum penalties, if any, would need to be sought from the relevant statutory rules or accompanying legislative texts.