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

Overview

Statutory Rules 1911 No. 184, titled "Provisional Regulations Under the Defence Act 1903-1910," was enacted in 1911 to address the immediate need for financial and allowance regulations for the military forces of the Commonwealth. The regulations were made under the Defence Act 1903-1910 and were certified by the Governor-General in Council, recognising the urgency of the situation and thus allowing them to come into immediate operation. The policy objective of these regulations is to provide structured financial allowances for the removal of military personnel and their families, ensuring that they receive appropriate support for relocating to new stations, which includes allowances for the transport of household furniture and effects. The regulations specifically address the issue of travelling allowances, detailing the amounts payable for the removal of furniture based on rank and family size. The allowances vary depending on the route and method of transport, with specific rates set for different destinations and conditions. The aim is to standardise and streamline the process of claiming and paying these allowances, ensuring that military personnel are adequately compensated for their relocation expenses.

Scope and Application

This Statutory Rule, No. 184 of 1911, outlines provisional regulations under the Defence Act 1903-1910, specifically amending Financial Regulation 166 to establish a new scale for travelling allowances for military personnel relocating within Australia. This regulation applies to military officers and their families who are required to move from one military station to another. The allowances are set based on the officer's rank, family size, and the distance of the relocation. It is pertinent to note that these regulations are effective as of 1 October 1911 and are applicable across various cities and states in Australia, including Brisbane, Sydney, Melbourne, Adelaide, Hobart, and Perth. The regulation also includes specific allowances for relocations to and from Thursday Island and mentions that removals within metropolitan areas or to country localities will have adjusted rates. The allowances cover packing, cartage, and shipping charges, excluding railway freight which is to be claimed separately. The regulation explicitly states that the Defence Department assumes no responsibility for the removal of household goods and effects, and that officers can dispose of or replace their effects as they see fit. Additionally, in exceptional circumstances where the provided allowance is insufficient, the Commandant may recommend an additional payment, subject to approval from the Military Board.

Key Provisions

The key provisions of the Provisional Regulations under the Defence Act 1903-1910, as amended, are outlined in Part X, Regulation 166, which details the financial allowances for the removal of furniture for military personnel. Regulation 166(5) specifies the rates for removal of furniture based on rank and family composition, and includes allowances for various routes between different cities, as well as additional payments for children. The rates are structured according to the rank of the military personnel, with different rates for single and married personnel, and additional amounts for each child. Allowances for travel to and from Thursday Island are also detailed, as are allowances for removals within metropolitan areas and within states. These regulations impose obligations on military personnel to adhere to the specified rates for removal of furniture and to submit claims for payment according to the prescribed scale. Personnel must ensure they possess the required household furniture to be eligible for the full allowance, and in cases where the standard allowance is insufficient to cover the actual cost of removal, they must seek approval from the Commandant and the Military Board for additional payments. The Department of Defence is not responsible for any additional costs incurred by the personnel beyond the specified allowances. Violation of these regulations may lead to various consequences, including financial discrepancies and potential audits. While the legislation does not explicitly detail specific offences, penalties, or maximum penalties, it is understood that any discrepancies or fraudulent claims could lead to civil or criminal proceedings under applicable Australian laws. The precise penalties would depend on the nature and severity of the breach, as well as the specific legal framework governing such actions.