STATUTORY Rules.
1913. No. 190.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 68(a)—Amendment.
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 fourth day of July, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
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FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Extra Duty Pay—Permanent Forces.
In Regulation 68(a)—
For—
“When members of the Permanent Forces are called upon to perform work.”
Substitute—
“When members of the Permanent Forces are called upon to perform work of a non-clerical nature.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.8605.—Price 3d.
Overview
The Statutory Rules 1913 No. 190, titled "Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth," was enacted in 1913 under the Defence Act 1903-1912. The urgency of the matter led to the implementation of these Provisional Regulations to address immediate needs concerning the financial and allowance aspects for the military forces. This legislative instrument was introduced to refine the criteria for extra duty pay for members of the Permanent Forces, ensuring that the compensation is specifically aligned with non-clerical work duties. The enactment was carried out by the Governor-General in accordance with the advice of the Federal Executive Council, aiming to promptly address the identified gap in the existing regulations.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912 pertain specifically to the financial and allowance provisions for the Military Forces of the Commonwealth. These regulations apply to members of the Permanent Forces and are intended to address matters such as extra duty pay. The scope of this legislative instrument is narrowly focused on clarifying the conditions under which extra duty pay is applicable, ensuring that it is only granted for work of a non-clerical nature. The application of these regulations is jurisdictional, extending across the Commonwealth of Australia, and thus affecting all members of the Permanent Forces throughout the nation. There are no stated exclusions or exemptions within the text, and the regulations are implemented as provisional measures, indicating that they are subject to further refinement or replacement by subsequent legislation. The urgency of these provisions underscores their immediate necessity, as underscored by the Governor-General's certification for immediate operation.
Key Provisions
The key provision of the Statutory Rules 1913 No. 190, which amends the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, is found in Regulation 68(a). This amendment modifies the criteria for the payment of extra duty pay to members of the Permanent Forces. Specifically, Regulation 68(a) now specifies that extra duty pay is applicable when members of the Permanent Forces are called upon to perform work of a non-clerical nature. This change ensures that the extra duty pay is only awarded for duties that require physical or operational involvement rather than administrative tasks.
These Provisional Regulations impose specific obligations on the parties involved. The primary obligation is on the military forces themselves, ensuring that they adhere to the new criteria for extra duty pay. This means that only members who are called upon to perform physical or operational duties outside their normal scope of work will be eligible for extra duty pay. Additionally, the Defence Department is required to ensure that the new criteria are properly communicated and understood by all relevant personnel to avoid any misunderstandings or improper claims.
Failure to comply with these regulations could result in several consequences. Firstly, members who are found to have improperly claimed extra duty pay without meeting the specified criteria may face disciplinary action. This could include formal reprimands, fines, or other penalties as deemed appropriate by the military authorities. Additionally, there may be civil or criminal liability for individuals who deliberately misrepresent their duties to claim extra duty pay, potentially leading to legal proceedings. While the specific penalties are not detailed in the statutory rules, it is clear that non-compliance carries significant risks.
The intent behind these amendments is to ensure that extra duty pay is fairly and appropriately distributed, reflecting the true nature of the duties performed by members of the Permanent Forces. By specifying that only non-clerical work qualifies for extra duty pay, the regulations aim to maintain a clear distinction between regular duties and those that warrant additional compensation. This clarity helps to uphold the integrity of the payment system and ensures that resources are allocated efficiently within the military framework.