statutory rules.
1907. No. 99.
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 Regulations under the Defence Acts 1903–1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 27th day of September, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
THOS. EWING.
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Regulation 60. Cancel sub-paragraph (b) and substitute therefor the following:—
“(b) The married establishment to include all sergeants and higher ranks not drawing consolidated pay, and 10 per cent. of the rank and file not drawing consolidated pay.”
Regulation 234. After the word “departments” in line 8, insert “and the Commanding Officer and Battalion Commanders of Senior Cadets and Cadets, also to.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.11912— Price 3d.
Overview
Statutory Rules 1907 No. 99, the Provisional Regulations under the Defence Acts 1903–1904, were enacted by the Governor-General in Council to address urgent administrative needs in the management of military forces. These regulations were introduced to streamline financial and allowance regulations for the military, ensuring that the provisions of the Defence Acts were efficiently implemented and adhered to. The policy objective behind these regulations was to provide immediate operational guidance for the military forces, allowing for the smooth execution of military duties and the provision of financial support to eligible military personnel and their families. The enactment by the Governor-General in Council highlights the urgency and importance of these regulations in maintaining the operational effectiveness of the military forces during a critical period.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904 apply to various personnel within the military forces of the Commonwealth of Australia, specifically addressing financial and allowance matters. These regulations affect all sergeants and higher ranks not drawing consolidated pay, as well as a specific proportion of the rank and file not drawing consolidated pay, by altering the composition of the married establishment. Moreover, the regulations extend their purview to include the Commanding Officers and Battalion Commanders of Senior Cadets and Cadets, thereby encompassing a broader segment of military personnel. These regulations are intended to provide immediate operational effect due to their urgent nature, and they establish a framework for financial and allowance entitlements within the specified military ranks. The geographic scope of these regulations is nationwide, applying uniformly across all states and territories of Australia. There are no stated exclusions or exemptions within the text provided, and the regulations do not reference any subordinate instruments that might extend or restrict their application.
Key Provisions
The Provisional Regulations under the Defence Acts 1903–1904, particularly as outlined in statutory rules 1907, No. 99, establish critical financial and allowance regulations for the Military Forces of the Commonwealth. Regulation 60 specifies that the married establishment must now include all sergeants and higher ranks not drawing consolidated pay, as well as 10 per cent of the rank and file not drawing consolidated pay (Reg. 60(b)). This change aims to ensure that a certain proportion of non-consolidated pay personnel are included within the married establishment. Furthermore, Regulation 234 modifies the scope of authority by inserting "and the Commanding Officer and Battalion Commanders of Senior Cadets and Cadets, also to" after the word "departments" in line 8 (Reg. 234). This insertion extends the applicability of certain provisions to these commanding officers and battalion commanders, thereby incorporating them into the administrative framework.
The Regulations impose specific obligations on the military personnel and administrative officers. For instance, the updated married establishment requirements in Regulation 60 necessitate a re-evaluation of personnel statuses to ensure compliance. This involves verifying the ranks and pay conditions of all affected personnel to confirm their eligibility for inclusion in the married establishment. Additionally, Regulation 234 extends the scope of administrative duties to include the Commanding Officers and Battalion Commanders of Senior Cadets and Cadets. These officers are now subject to the same financial and allowance regulations as other military departments, which includes adherence to budgetary controls and financial reporting requirements.
Failure to comply with these Provisional Regulations can result in significant consequences. While the specific offences and penalties are not detailed in the statutory rules provided, breaches of military regulations generally attract serious repercussions under the Defence Acts 1903–1904. Typically, non-compliance could lead to disciplinary action, which might include fines, imprisonment, or other punitive measures. For instance, under the Defence Act 1903, serious breaches can result in penalties that may extend to imprisonment for up to five years, as well as substantial fines. These penalties underscore the importance of strict adherence to the provisions outlined in the Regulations to maintain the integrity and operational readiness of the Military Forces of the Commonwealth.