STATUTORY RULES.
1908. No. 8.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
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 Acts 1903-1904 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fourteenth day of January, One thousand nine hundred and eight.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
THOS. EWING.
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Amendment.
Regulation 65 (a).—After “approval of the Commandant,” in “Note— Class A.—(Specialists).—” insert new sub-paragraph—
“Specialists (unmarried) of the Royal Australian Engineers who are permitted to occupy quarters in Barracks will have the sum of Six pence per diem deducted from their consolidated pay; provided, however, that in cases where specialists are detailed for any duty necessitating their being temporarily quartered in Barracks for periods not exceeding a week, no deduction shall be made.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.231.–Price 3d.
Overview
Statutory Rules 1908 No. 8, titled "Provisional Regulations Under the Defence Acts 1903-1904," was enacted to establish financial and allowance regulations for the military forces of the Commonwealth. The urgency of the matter was acknowledged by the Governor-General, with advice from the Federal Executive Council, leading to the immediate implementation of these provisional regulations. This legislative instrument was necessary to address immediate administrative and financial needs of the military forces, ensuring that regulations were in place to govern allowances and deductions for military personnel, specifically targeting unmarried specialists of the Royal Australian Engineers who were permitted to occupy quarters in barracks. The policy objective behind these regulations was to ensure that the financial management of military allowances was organised and that any deductions were applied fairly and in accordance with the duties and circumstances of the personnel.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 pertain specifically to financial and allowance regulations for the military forces of the Commonwealth, as amended by this statutory rule. These regulations apply directly to military personnel, particularly specialists within the Royal Australian Engineers who are permitted to occupy quarters in barracks. The amendments focus on the financial deductions from the consolidated pay of unmarried specialists, specifying a deduction of six pence per diem when they are permitted to occupy barracks. However, this deduction is not applicable if the specialists are temporarily quartered in barracks for periods not exceeding a week due to duty requirements. The regulations, enacted by the Governor-General in accordance with the Defence Acts, have a Commonwealth-wide jurisdictional reach, applying uniformly across the country to ensure consistent financial management within the military forces. Any exclusions or exemptions from these regulations are not explicitly stated in the provided text, and further clarification may be found in subordinate instruments or related legislation.
Key Provisions
The main operative sections of the Provisional Regulation under the Defence Acts 1903-1904 are encapsulated in Regulation 65(a), which introduces a specific financial adjustment for certain military personnel. This regulation, particularly sub-paragraph (a), mandates a deduction of six pence per day from the consolidated pay of unmarried specialists of the Royal Australian Engineers who are permitted to occupy quarters in barracks (Regulation 65(a)). However, this deduction does not apply when these specialists are temporarily quartered in barracks for periods not exceeding a week for the purpose of fulfilling their duties (Regulation 65(a)). This financial adjustment aims to ensure that the costs associated with providing quarters are appropriately accounted for in the personnel's pay.
The Provisional Regulation imposes specific obligations and requirements on the military forces governed by the Defence Acts 1903-1904. It necessitates that unmarried specialists of the Royal Australian Engineers who occupy barracks have their consolidated pay reduced by six pence per day. This financial deduction is a direct consequence of the provision of on-site accommodation. However, it excludes instances where these specialists are temporarily required to stay in barracks for duty-related reasons for periods not exceeding a week, thereby ensuring that the deduction does not apply in situations where the temporary nature of the stay does not reflect a long-term arrangement.
The regulation does not explicitly outline specific offences, penalties, or consequences for breach in its text. However, by implementing this financial adjustment, the Provisional Regulation sets a clear financial obligation for the affected personnel. Any failure to comply with the stipulated deductions or misinterpretation of the conditions for exemption could potentially lead to administrative discrepancies or disputes over pay. The regulation's primary focus is on ensuring that the financial implications of providing on-site accommodation are accurately reflected in the pay of eligible personnel, thereby maintaining financial integrity within the military forces.