STATUTORY RULES.
1912. No. 99.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 107— Amendment.
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 1903-1911 should come into immediate operation, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this fifteenth day of May, One thousand nine hundred and twelve.
DENMAN,
Governor-General,
By His Excellency’s Command,
G. F. PEARCE.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 107—
Add at end of sub-paragraph (b):—“The foregoing division of the annual rate of pay shall not, however, apply to members of militia staffs who are retired or discharged other than at their own request during the financial year ending 30th June, 1912.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.6468.—Price 3d.
Overview
The Statutory Rules 1912 No. 99, known as the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, were enacted in 1912 to address immediate financial and allowance needs of the military forces. The urgency of these regulations was such that they were implemented as Provisional Regulations under the Defence Act 1903-1911, reflecting the necessity to promptly address the financial situation of military personnel, particularly those who were retired or discharged during the financial year ending 30 June 1912. This legislative instrument was issued by the Governor-General in Council, underscoring the urgency and importance of the financial adjustments required for the military forces. The policy objective was to ensure that the financial needs of the military were met without delay, as evidenced by the immediate operation of these provisional regulations.
Scope and Application
The Statutory Rules 1912 No. 99, which comprise the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, applies to members of the military forces within the Commonwealth of Australia. These regulations were enacted under the Defence Act 1903-1911 and are intended to govern the financial and allowance aspects of military personnel, particularly addressing the provisional financial arrangements during a period of urgency. The application of these regulations is specifically directed at ensuring that the financial provisions are correctly applied to the members of the military forces, with a particular focus on those who are serving or have served in a militia capacity, including those who have been retired or discharged during the financial year ending 30 June 1912. The regulations explicitly state that the general provisions regarding the annual rate of pay do not apply to militia staff members who have been retired or discharged other than at their own request during the specified financial year. This regulation highlights the Commonwealth's jurisdictional reach in governing military financial matters and the specificity with which it applies to the circumstances of service members within the timeframe outlined.
Key Provisions
The primary operative sections of this legislation pertain to the financial and allowance regulations for the military forces of the Commonwealth. Specifically, Regulation 107 has been amended to address the division of the annual rate of pay for certain members of the military (Regulation 107). The amendment clarifies that the specified division of pay will not apply to members of militia staffs who are retired or discharged other than at their own request during the financial year ending 30th June, 1912. This means that certain financial provisions regarding pay will not be applicable to those who leave the service under circumstances not of their own choosing during this particular financial year.
The Act imposes specific obligations on the military forces and potentially on the Defence Department to ensure that the financial and allowance regulations are correctly applied according to the provisions set out in Regulation 107. This includes ensuring that the altered pay division for retired or discharged members of militia staffs is accurately reflected in the financial records and payroll systems. The Defence Department must also communicate these changes effectively to all relevant personnel to prevent any misunderstandings or misapplications of the regulations.
In terms of consequences, the legislation does not explicitly outline offences, penalties, or specific civil or criminal consequences for breaches of these financial and allowance regulations. However, any failure to comply with the stipulated financial provisions could potentially lead to disputes over pay, which might need to be resolved through internal Defence Department processes or, if necessary, through legal avenues. It is crucial that all parties adhere strictly to the regulations to avoid any financial discrepancies or disputes.