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

Legislation au C1904L00030 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1904. No. 30.

Commonwealth of Australia.

Department of Defence,

Melbourne, 2nd July, 1904.

MILITARY FORCES OF THE COMMONWEALTH.—AMENDMENT OF FINANCIAL AND ALLOWANCE REGULATIONS, 1904 (PROVISIONAL), TO COME INTO OPERATION FORTHWITH.

Part I.—Section IV.

In para. 49, for the date “1st July, 1903,” read “1st July, 1904.”

Part II.—Pay of Permanent Forces.

After para. 78, add—

Section VIII.—Good Conduct Badges.

(1.) A good conduct badge shall be a high distinction conferred on a soldier under the rank of corporal, 2nd corporal, or bombardier, as a token of good conduct, and shall be marked by a chevron worn on the left arm.

(2.) To every good conduct badge, good conduct pay at the rate of 2d. per diem shall be attached. Such good conduct pay shall not in any case be drawn for any day on which the soldier does not receive pay.

Grant of Badges.

(3.) Subject to para. 5, a good conduct badge shall be awarded within the limits laid down in Part II., of the Financial and Allowance Regulations for the Military Forces of the Commonwealth to a soldier on completing a “term of good conduct,” i.e., a period of two years, during which no entry has been made against the soldier’s name in the Regimental Defaulter’s Sheet. If the offence last entered involved imprisonment, such period shall reckon from the date of the termination of the imprisonment, otherwise it shall reckon from the date on which punishment was awarded.

(4.) A second or later badge shall not be granted under para. 3 until the badge or badges previously awarded have been held through a complete “term of good conduct” immediately preceding the date of the grant, except as laid down in para. 7.


(5.) A good conduct badge shall not be awarded to a soldier under para. 3 if, on the completion of a “term of good conduct,” he is absent, or is a prisoner, or in arrest waiting disposal. When the Commanding Officer finally disposes of any such case, he shall, unless he awards punishment which entails forfeiture of pay under paras. 90 and 94 of Part V. of the Commonwealth Military Regulations, decide whether the badge is or is not to be given to the soldier.

(6.) A soldier reduced from a higher rank to a rank in which he would be eligible for a good conduct badge shall, unless forfeiture is awarded under paras. 9 to 11, be granted at once such a number of badges as he would have been eligible for under Part II. of the Financial and Allowance Regulations for the Military Forces of the Commonwealth in the lower ranks, regard being had to the entries in his Regimental Defaulter’s Sheet (see para. 8), and the remaining badge or badges shall be awarded under the conditions of para. 14.

(7.) When the service which a soldier has forfeited by desertion, or any other cause, has been restored to him, he shall, from the date on which he is held to have become eligible for such restoration, be re-assessed for good conduct badges, and be awarded those to which his total service entitled him, having regard to the several entries of his name in the Defaulter’s Sheet since attestation, including the entry of the offence for which his service was forfeited. In such a case, the uninterrupted possession of the previous badge or badges during a complete “term of good conduct” (as defined in para. 1) shall not be enforced; nor shall it be necessary, before another badge can be awarded, that a full “term of good conduct” should have elapsed from the date of re-assessment.

Forfeiture of Badges.

(8.) One badge held by a soldier shall be forfeited for each occasion on which his name appears in the Regimental Defaulter’s Sheet (see para. 3), unless the entry be for an offence entailing further forfeiture under paras. 9 to 12.

(9.) Except as laid down in para. 10, a General or District Court Martial may, in addition to, or without any other punishment, sentence a soldier to forfeit all or any of his good conduct badges.

(10.) A soldier shall forfeit all his good conduct badges and be placed in the same position as regards earning badges as a recruit when—

(a) He is convicted of an offence mentioned in sub-paras. (25) to (29) of para. 27 of Part V. of the Regulations for the Commonwealth Military Forces.

(b) His conviction by a Court Martial, or the order dispensing with his trial, is such as to entail a forfeiture of former service towards engagement.

In such cases the forfeiture of badges shall not be included in the sentence.

(11.) A soldier sentenced by a Court Martial or Civil Court to a term of imprisonment exceeding six months shall forfeit all good conduct badges held by him, and shall be placed in the same position as regards earning badges as a soldier to whom a badge has never been awarded.


(12.) A soldier shall forfeit the whole of his good conduct badges when discharged—

(a) With ignominy.

(b) In consequence of his incorrigible and worthless character.

(c) Expressly on account of misconduct.

(d) On conviction by the Civil Power.

(e) On being sentenced to penal servitude.

(f) For giving a false answer on attestation.

(13.) The forfeiture of a good conduct badge shall be reckoned from the date on which punishment has been awarded.

Restoration of Badges.

(14.) A soldier who forfeits a good conduct badge, except under the circumstances defined in paras. 10 and 11, shall regain it on completing a “half term of good conduct,” reckoned as laid down in para. 3.

If the soldier has lost more than one badge, he shall complete a “half term of good conduct” from the date of losing the last badge forfeited before one lost badge is restored, and shall complete another “half term” before the second badge is restored, and so on.

No good conduct badge shall, however, be restored if, on the completion of a “half term of good conduct,” the soldier is absent, or is a prisoner awaiting disposal for an offence which is subsequently entered in the Regimental Defaulter’s Sheet, or is absent under conditions which afterwards entail such an entry.

Part VIII.—Miscellaneous Expenditure.

Add the following new para. after para. 204:—

204a. Commanding Officers may, in any case of necessity, provide a soldier of the Permanent Forces, on discharge, with plain clothes, at a cost not exceeding £1 10s.

 

By Authority: J. Kemp, Acting Government Printer, Melbourne.

Overview

The Statutory Rules 1904 No. 30, enacted on 2nd July 1904 by the Commonwealth of Australia Department of Defence, amends the financial and allowance regulations for the military forces. The primary objective of this legislation is to introduce a system of good conduct badges and associated pay for soldiers in the permanent forces, recognising and incentivising good conduct and discipline within the military. This legislative instrument provides a structured approach to rewarding soldiers who demonstrate good conduct over a specified period, while also outlining the conditions under which badges can be forfeited and subsequently restored. The amendment also includes provisions for the payment of good conduct pay and the provision of plain clothes to soldiers upon discharge, thereby addressing specific gaps in the existing military compensation and recognition framework.

Scope and Application

The Statutory Rules 1904, No. 30, issued by the Commonwealth of Australia’s Department of Defence, pertains specifically to the Military Forces of the Commonwealth. The regulations cover financial and allowance matters, including the introduction of good conduct badges and the associated good conduct pay. The Act applies to soldiers under the rank of corporal, 2nd corporal, or bombardier within the Commonwealth’s military forces. The geographic and jurisdictional reach of this Act is the Commonwealth level, impacting all military personnel across the nation. The Act does not explicitly state any exclusions, exemptions, or thresholds; however, eligibility for good conduct badges and pay is contingent on a soldier's conduct as recorded in the Regimental Defaulter’s Sheet. The application of the Act may also be extended or restricted through subordinate instruments as deemed necessary by the Department of Defence.

Key Provisions

The key provisions of this legislative instrument concern the regulations for the award and forfeiture of good conduct badges for soldiers in the Commonwealth Military Forces, as well as the restoration of such badges. Specifically, section 1 of the new Section VIII provides that a good conduct badge is a mark of distinction for soldiers under certain ranks, indicated by a chevron worn on the left arm, and that a good conduct pay of 2d. per diem is attached to each badge. Section 3 outlines the criteria for awarding a good conduct badge, including completing a two-year term of good conduct and not being absent, a prisoner, or awaiting disposal at the time of award. Section 4 specifies that a second or later badge cannot be awarded until the previous badge(s) have been held for a full term of good conduct, except under certain circumstances. Section 8 details the conditions under which a soldier may forfeit a good conduct badge, including having their name entered in the Regimental Defaulter’s Sheet, being sentenced to imprisonment exceeding six months, or being discharged under certain conditions. Section 14 explains the process for restoring a forfeited badge, which requires the soldier to complete a "half term of good conduct." The Act imposes several obligations and requirements on the parties it governs. Commanding Officers must ensure that good conduct badges are awarded in accordance with the criteria outlined in section 3, and they may provide a soldier with plain clothes on discharge, up to a specified cost. Soldiers must complete a term of good conduct to be eligible for a badge, and they must avoid actions that would result in their name being entered in the Regimental Defaulter’s Sheet. The Act also mandates that soldiers who have had their service forfeited for desertion or other reasons be reassessed for good conduct badges upon their restoration. The Act outlines several offences and penalties for breach, including the forfeiture of good conduct badges. Section 9 allows a General or District Court Martial to sentence a soldier to forfeit all or some of their good conduct badges in addition to, or instead of, other punishment. Section 10 provides that a soldier shall forfeit all their good conduct badges and be placed in the same position as a recruit when convicted of certain offences or when their conviction results in a forfeiture of former service towards engagement. Section 11 mandates the forfeiture of all good conduct badges for soldiers sentenced to imprisonment exceeding six months, and section 12 specifies the circumstances under which a soldier shall forfeit their badges upon discharge. The Act does not specify maximum penalties for these offences, but it does state that the forfeiture of badges shall not be included in the sentence for offences under section 10.

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