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

Overview

The Statutory Rules of 1913, numbered No. 198, comprises Provisional Regulations under the Defence Act 1903–1912, which were enacted to address the urgent need to update financial and allowance regulations for the military forces of the Commonwealth. These regulations were issued by the Governor-General in accordance with the advice of the Federal Executive Council and are intended to come into immediate operation from 1 July 1912. The primary objective of these regulations is to provide specific remuneration details for Militia officers appointed to certain roles, namely Adjutants and Staff Officers to Intelligence Corps, for the financial year 1912–1913. This legislative instrument was created to ensure that the military personnel receive appropriate compensation for their duties during this period.

Scope and Application

The Provisional Regulations under the Defence Act 1903–1912, specifically amending Financial and Allowance Regulation 104, apply to Militia officers within the Commonwealth of Australia, specifically those appointed as Adjutants or Staff officers to Intelligence Corps. These regulations pertain to the financial remuneration these officers are entitled to receive for their duties within the military forces. The geographic reach of these regulations is confined to the Commonwealth, thus applying to all states and territories within Australia. The regulation is effective for the financial year 1912–1913 only, meaning it does not extend beyond this specified period. Notably, these regulations do not specify any exclusions or exemptions, nor do they refer to any thresholds that might limit their application. The regulations are enacted under the authority of the Defence Act and are subject to amendment or extension through subordinate instruments, although this particular set of regulations does not extend beyond the financial year in question.

Key Provisions

The key operative sections of this Statutory Rule, the "Provisional Regulations Under the Defence Act 1903–1912," involve the amendment of Regulation 104, specifically concerning the financial and allowance regulations for the military forces of the Commonwealth (section 104). This amendment cancels the previous Regulation 104 and replaces it with new provisions for the financial year 1912–1913. The new regulation establishes that the pay for Militia officers appointed as Adjutants will be £30 per annum, in addition to their regimental pay for their rank (section 104(a)). Additionally, Militia officers appointed as Staff officers to the Intelligence Corps will receive a pay of 5 shillings per day, with no additional pay for other military duties (section 104(b)). The obligations and requirements imposed by this Act are primarily focused on the financial compensation for specific roles within the military forces. For Militia officers appointed as Adjutants, they are entitled to a specific annual pay supplement of £30 on top of their existing regimental pay. For Staff officers in the Intelligence Corps, they must adhere to a fixed daily rate of 5 shillings, with no entitlement to extra pay for any other military duties they might perform. These provisions ensure that the remuneration for these particular positions is clearly defined and adhered to for the specified financial year. Breaches of these regulations could potentially lead to civil or administrative consequences, as the statutory rule establishes specific pay structures that must be followed. While the document does not explicitly outline penalties for non-compliance, it is reasonable to infer that failure to adhere to these financial regulations could result in disputes over pay, potential legal challenges, or administrative actions to rectify any discrepancies. The precise nature and extent of these consequences would depend on the specific circumstances and the governing military or civilian laws in place at the time.