STATUTORY RULES.
1906. No. 82.
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, further, be taken to have come into operation as from the 1st July, 1906, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this 21st day of September, One thousand nine hundred and six,
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
T. PLAYFORD.
Financial and Allowance Regulations for the Military Forces.
Paragraph 168, Cancel the words “not exceeding the contract price of the ration” in the second line of this paragraph, and substitute the following words therefor:—
“For each year not exceeding the mean of the contract prices of the ration for the previous three years.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C 10286.—Price 3d.
Overview
Statutory Rules 1906 No. 82, Provisional Regulations under the Defence Acts 1903-1904, was enacted in 1906 to establish financial and allowance regulations for the military forces, addressing the need for a structured approach to managing the financial obligations and allowances of the military personnel. This legislative instrument was introduced by the Governor General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to ensure that the regulations could be implemented with a sense of urgency as from 1 July 1906. The policy objective was to adjust the financial provisions for military rations to be more reflective of the average market prices, thereby providing a more equitable and sustainable allowance for the military forces. This legislative measure aimed to streamline the financial management within the Defence Acts framework, ensuring that the military personnel received fair and adequate support.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 pertain to the financial and allowance regulations for the military forces within Australia. These regulations apply to individuals serving in the military, including both full-time and part-time members, as well as entities involved in the procurement and supply of rations and other allowances for military personnel. The scope of the regulations extends to the conduct and transactions directly related to financial allowances and ration provisions for the military forces, ensuring that these are managed efficiently and in accordance with the statutory requirements. The application of these regulations is governed by the Commonwealth of Australia and, as provisional regulations, they are intended to come into immediate operation. While the regulations primarily focus on the financial aspects of military support, there may be additional exclusions or thresholds defined in subordinate instruments that further refine the application of these regulations.
Key Provisions
The main operative sections of this Statutory Rule (1906 No. 82) amend the financial and allowance regulations for the military forces under the Defence Acts 1903-1904. Specifically, Section 168 of the existing regulations is altered to modify the calculation of certain financial allowances. The original provision allowed for an allowance "not exceeding the contract price of the ration," which is now to be replaced with "not exceeding the mean of the contract prices of the ration for the previous three years." This change aims to provide a more stable and predictable allowance by averaging the prices over a three-year period, rather than relying on a single contract price.
The amendment imposes new requirements on the administration of financial allowances for military rations. The responsible authorities must now calculate the allowance based on the average of the previous three years' contract prices. This necessitates the collection and analysis of historical contract price data, which must be accurately averaged to determine the allowable amount for each year. Such a method ensures that the financial support provided to military personnel is more consistent and less susceptible to short-term price fluctuations.
Breach of these regulations, or failure to comply with the new financial allowance calculation method, could result in administrative penalties. While the specific penalties are not detailed within this statutory rule, breaches of military financial regulations under the Defence Acts could lead to both civil and criminal consequences, depending on the severity and intent of the violation. In general, penalties for non-compliance with Defence Acts regulations can include fines, imprisonment, or other administrative sanctions as determined by the relevant authorities.
It is important to note that these Provisional Regulations are intended to have immediate effect from 1st July, 1906, underscoring the urgency and necessity of the changes. The Governor-General’s certification confirms that the regulations are to be treated as having come into operation from this date, thereby ensuring that the updated financial allowance calculation is implemented without delay.