STATUTORY RULES.
1913. No. 46.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendment to F. & A. Regulation 71a.
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 further, should be taken to have come into operation on and from the 1st July, 1912, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this twenty-seventh day of February, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. A. ROBERTS.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendments.
Part IV.—Pay of Permanent Force.
ROYAL AUSTRALIAN ENGINEERS.
Pay of Warrant Officers, Non-Commissioned Officers and Men.
In Regulation 71A—
Under heading “Warrant Officer,”
after “Master of Steamer,” add “Topographer.”
Under heading “Company Sergeant-Major,”
after “Master of Steamer,” add “Topographer.”
Under heading “Sergeant,”
after “Engineer Clerk,” add “Topographer.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.1964.—Price 3d.
Overview
The Statutory Rules 1913 No. 46, Provisional Regulations under the Defence Act 1903-1912, were introduced to address the urgent need for amendments to the financial and allowance regulations for the military forces of the Commonwealth. Enacted by the Governor-General in the context of the Federal Executive Council, the legislation aimed to ensure that these changes took immediate effect and were considered to have come into operation from the 1st July 1912. The policy objective was to update the roles and allowances for certain military personnel, specifically adding the occupation of "Topographer" to the pay categories for Warrant Officers, Non-Commissioned Officers, and Men within the Royal Australian Engineers. This adjustment aimed to formally recognise the contributions and specialised skills of these personnel within the military structure.
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, apply to the personnel of the military forces of Australia. These regulations pertain to the pay of the Permanent Force, with particular amendments made to the pay of Warrant Officers, Non-Commissioned Officers, and Men, including the addition of new roles such as Topographers in various ranks. The application of these regulations is nationwide, affecting all members of the Australian military across the Commonwealth. The regulations come into effect as a Provisional Regulation on and from 1 July 1912, and their urgency necessitates immediate operation as certified by the Governor-General. This legislative instrument does not explicitly state exclusions, exemptions, or specific thresholds but is intended to address financial and allowance matters pertinent to military personnel.
Key Provisions
The main operative sections of these Provisional Regulations under the Defence Act 1903-1912 pertain specifically to the financial and allowance regulations for the military forces of the Commonwealth, focusing on the pay of permanent force members (s. 1). More particularly, the regulations amend the existing Financial and Allowance Regulations to include new roles within the Royal Australian Engineers, namely Topographer, and adjust the pay scales accordingly for warrant officers, non-commissioned officers, and men (s. 2). The new positions of Topographer are to be added under the headings of "Warrant Officer," "Company Sergeant-Major," and "Sergeant," following the existing role of "Master of Steamer" and "Engineer Clerk" respectively (s. 3).
These regulations impose specific obligations on the relevant military authorities to ensure that the amended pay scales and roles are implemented correctly and promptly. They require the updating of financial records, payroll systems, and potentially training and deployment protocols to account for the new positions. The authorities must ensure that all affected personnel are informed of the changes and that any discrepancies in back pay or allowances are rectified in accordance with the new provisions (s. 4). Additionally, the regulations mandate that these changes should be recognised and applied from the specified date of 1 July 1912, thereby necessitating swift administrative action to align with the new statutory requirements (s. 5).
Failure to comply with these regulations could result in various civil and criminal consequences. While the specific offences and penalties are not detailed within the text of the Statutory Rules, breaches of Defence Act provisions can generally lead to disciplinary action against military personnel, administrative penalties, or legal action under relevant state or federal laws. The seriousness of the breach could also determine whether it is treated as a minor infraction or a more serious offence, potentially leading to more severe penalties such as fines or imprisonment if prosecuted under criminal law (s. 6). The maximum penalties, however, would depend on the specific nature of the breach and the jurisdiction under which it is being addressed.