STATUTORY RULES.
1911. No. 174.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
Financial Regulations 183 and 184—Amendments.
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 Act 1903-1910 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-fifth day of October, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendments.
In Regulation 183 cancel sub-paragraph (b) and substitute the following therefor:—
“(b) In cases approved by the Minister the amount of passage money by the most direct all-sea route may be paid to the officer, warrant or non-commissioned officer direct, who may then make his own arrangements as to route or class, but he must produce in support of such expenditure the Shipping Company’s vouchers, and in no case will any balance in excess of actual cost of passage money paid by him be retained by the officer, warrant or non-commissioned officer.”
“(c) In the case of an officer, warrant or non-commissioned officer, who will be detained on duty or instruction abroad for a period of two years or over, he shall, be entitled to passages as set out in (a) for his wife, and children under 14 years of age, and his unmarried daughters dependent upon him.”
In Regulation 184, add new sub-paragraph—
“(g) The rates under (b) and (c) will be reduced by one-half in cases where passages of wife and family are paid under Regulation 183.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.15599.—Price 3d.
Overview
The Statutory Rules 1911 No. 174, known as the Provisional Regulations Under the Defence Act 1903-1910, was enacted in 1911 to address the need for immediate amendments to existing financial and allowance regulations concerning the military forces of the Commonwealth. The Governor-General in Council made these regulations effective immediately due to their urgency, reflecting a pressing requirement to update military personnel's travel and allowance provisions. These amendments were intended to streamline the process of reimbursing passage costs to military officers and their families, ensuring that expenditures were accurately documented and managed.
The policy objective of these provisional regulations was to provide clear, efficient, and equitable procedures for the payment of passage money and allowances, thereby supporting the operational needs of the military forces while ensuring accountability and transparency in financial transactions. By amending Regulations 183 and 184, the regulations aimed to enhance the management of travel arrangements for military personnel, ensuring that both the military and the families of personnel were adequately provided for during extended deployments.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1910 pertain to the financial and allowance regulations for the military forces of the Commonwealth. These regulations specifically address the payment of passage money to officers, warrant officers, and non-commissioned officers, and also cover the entitlements for their families when they are detained abroad for extended periods. This applies to personnel within the military forces of the Commonwealth, detailing the financial provisions and allowances related to their service, particularly focusing on travel and family support. The regulations extend to the entire Commonwealth of Australia, ensuring a uniform application across all states and territories. The stated amendments to the regulations, such as the substitution of sub-paragraph (b) in Regulation 183 and the addition of a new sub-paragraph (g) in Regulation 184, are designed to provide flexibility and clarity in the disbursement of passage money and related allowances, ensuring that the costs are closely aligned with actual expenses and appropriately managed.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1910 primarily amend sections 183 and 184 of the Financial and Allowance Regulations for the Military Forces of the Commonwealth (paragraph 1). Regulation 183, as amended, permits officers, warrant officers, or non-commissioned officers to be paid passage money directly if approved by the Minister, provided they can prove the expenditure with shipping vouchers (section 183(b)). This amendment allows for flexibility in the route or class of passage. Moreover, officers, warrant officers, or non-commissioned officers detained on duty or instruction abroad for two years or more are entitled to passage allowances for their wife and children under 14, as well as their unmarried daughters dependent on them (section 183(c)). Regulation 184, with the addition of a new sub-paragraph (g), reduces the rates for certain passages by half when payments are made under Regulation 183 (section 184(g)).
These amendments impose specific obligations on both the military personnel and the Defence Department. The military personnel, when granted passage money, must ensure they obtain and submit the shipping company's vouchers to substantiate their expenses (section 183(b)). They must also adhere to the provision that no balance in excess of the actual cost of the passage will be retained. Additionally, officers, warrant officers, or non-commissioned officers must demonstrate their eligibility for family passage allowances by proving their overseas duty or instruction duration (section 183(c)). The Defence Department, on the other hand, is obligated to review and approve the direct payment of passage money and the related allowances as per the new provisions, ensuring compliance with the regulations.
Failure to comply with the requirements of these regulations may result in various consequences. For instance, if an officer, warrant officer, or non-commissioned officer does not produce the necessary shipping vouchers to substantiate their passage money expenses, they may face financial discrepancies or audits. The Defence Department could impose corrective measures, including the recovery of any excess funds retained beyond the actual passage cost. Similarly, if the department fails to properly administer the passage allowances in accordance with the regulations, it may face administrative challenges or potential legal repercussions for non-compliance with statutory requirements.