STATUTORY RULES.
1906. No. 47.
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 Regulations under the Defence Acts 1903–1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-second day of June, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
T. PLAYFORD
———
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Paragraph 98: Under the heading “Corps Contingencies,” after the words “Care and protection of stores on their charge and, in the case of Light Horse, repairs to saddlery on issue to corps,” add the words:—
“In cases where saddlery has not been issued to regiments of Light Home, Commanding Officers are permitted to debit corps’ funds with the cost of repairs effected to saddlery, the property of members under the rank of officer, providing that the damage was due to military duty.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C. 0412.—Price 3d.
Overview
Statutory Rules 1906 No. 47, the Provisional Regulations under the Defence Acts 1903–1904, were enacted to address immediate financial and allowance needs of the military forces. These regulations, certified by the Governor-General on the advice of the Federal Executive Council, were necessary due to the urgency of the situation. They were designed to provide provisional measures to ensure that the military forces were adequately funded and that members of the forces received appropriate allowances. The policy objective was to support the operational readiness of the military by promptly addressing financial contingencies as required by the Defence Acts.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904, as certified by the Governor-General, are designed to immediately establish financial and allowance regulations for the military forces of the Commonwealth. These regulations, while operating with urgency, pertain specifically to the management of corps contingencies within the military framework. They apply to the military forces of the Commonwealth, thereby encompassing all personnel, units, and entities that fall under this category, ensuring that the regulations are adhered to in managing the financial aspects and allowances for military operations. The regulations extend across the Commonwealth, impacting all military personnel and units within Australia, thus having a national reach. Notably, these regulations do not specify any exclusions or exemptions and are intended to be immediately operational, ensuring prompt compliance and application to the stipulated military contingencies, including the care and protection of stores and repairs to saddlery, particularly when such repairs are necessitated by military duty. The application and scope of these regulations are further extended or modified through subordinate instruments, allowing for adjustments and clarifications as needed to address evolving military requirements.
Key Provisions
The main operative sections of the Statutory Rules. 1906. No. 47, Provisional Regulations under the Defence Acts 1903–1904, concern financial and allowance regulations for the military forces of the Commonwealth. Section 98, specifically, introduces a new provision under the heading "Corps Contingencies." It permits Commanding Officers to debit corps' funds for the cost of repairs to saddlery that belong to members under the rank of officer, provided the damage occurred due to military duty. This change amends the existing regulations by adding a clause that was not previously present, thereby expanding the circumstances under which certain expenditures can be charged to corps’ funds.
The Act imposes specific obligations on the parties it governs, particularly on Commanding Officers within the military. They are now authorised to use corps' funds for the repair of saddlery owned by enlisted personnel, provided the damage resulted from military duty. This requirement ensures that such expenditures are properly accounted for and that the funds are used appropriately for the welfare and operational readiness of the troops.
Failure to adhere to the provisions set out in the Act could potentially result in unauthorised use of military funds, which might be considered an administrative breach. However, the document does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with these regulations. It is assumed that any misuse of funds would be subject to internal military disciplinary procedures and general financial regulations governing public funds.
In summary, while the Provisional Regulations provide a clear directive for the use of corps' funds for specific repairs to saddlery, the Act does not detail any specific penalties for breaches. It is expected that adherence to these regulations would be enforced through internal military oversight and the broader framework of public financial accountability.