STATUTORY RULES.
1947. No. 167.
REGULATIONS UNDER THE DEFENCE ACT 1903-1945.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1945.
Dated this ninth day of December, 1947.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
CYRIL CHAMBERS
Minister of State for the Army.
———
Amendments of the Financial (Military) Regulations.†
Parts
1. Regulation 3 of the Financial (Military) Regulations is amended, by inserting, after the words “Part I.—Preliminary.”, the words “Part Ia.—Pay of the Chief of the General Staff.”.
2. After regulation 6 of the Financial (Military) Regulations the following Part is inserted:—
“Part Ia.—Pay of the Chief of the General Staff.
Pay of the Chief of the General Staff
“6a.—(1.) The annual rate of pay and of incremental advancement by subdivisions of an officer who holds the appointment of the Chief of the General Staff shall be in accordance with the following table:—
Subdivisions. | Increments. |
1. | 2. | 3. |
£ | £ | £ | |
2,600 | 2,800 | 3,000 | Annual increments |
“(2.) The subdivision of the table contained in sub-regulation (1.) of these regulations applicable at the date of the commencement of these Regulations shall be determined by the Minister.
“(3.) Regulations 12 to 20 inclusive and 36 and 37 of these Regulations shall not apply to or in respect of any officer who holds the appointment of the Chief of the General Staff.”.
* Notified in the Commonwealth Gazette on 18th December, 1947.
† Statutory Rules 1947, No. 110 and 166.
7549.—Price 3d.
Pay.
3. Regulation 7 of the Financial (Military) Regulations is amended by inserting in column 1, under the heading “Subdivisions”, in the table set out in sub-regulation (1.)—
(a) opposite the word “Lieutenant-General” the figures “6 10 0.”;
(b) opposite the word “Major-General” the figures “5 5 0.”; and
(c) opposite the word “Brigadier” the figures “4 0 0”.
Commencement.
4. These Regulations shall be deemed to have come into operation on the seventh day of August, 1947.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
Overview
The Statutory Rules 1947, No. 167, made under the Defence Act 1903-1945, were introduced to address specific financial and pay-related matters for military officers, particularly the Chief of the General Staff. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations aimed to clarify and adjust the financial aspects of military service, ensuring that the remuneration of high-ranking officers, including the Chief of the General Staff, was accurately and fairly regulated. This legislative instrument was designed to provide a structured approach to the pay and increments for military personnel, reflecting the importance of appropriate compensation for the roles within the defence force.
Scope and Application
The Statutory Rules 1947 No. 167, Regulations under the Defence Act 1903-1945, pertain specifically to the financial remuneration and related provisions for military officers, particularly the Chief of the General Staff. These regulations apply to military officers who hold the specific appointment of the Chief of the General Staff, setting forth their annual pay rates and incremental advancements. The regulations also amend existing financial regulations to clarify the pay structure for other high-ranking officers such as Lieutenant-General, Major-General, and Brigadier. These regulations have a national jurisdictional reach as they are made under the authority of the Defence Act, which is a Commonwealth Act. Specific exclusions and restrictions apply, such as certain regulations not being applicable to the Chief of the General Staff, ensuring that the remuneration and conditions for this highest-ranking military officer are distinctly outlined. The regulations came into effect on 7 August 1947, providing immediate effect to the changes in the financial structure for military officers.
Key Provisions
The main operative sections of these regulations under the Defence Act 1903-1945 are concerned with the amendment of the Financial (Military) Regulations, particularly focusing on the pay of the Chief of the General Staff. Section 1 introduces a new Part Ia, titled "Pay of the Chief of the General Staff", which sets out the annual rate of pay and incremental advancement by subdivisions for this role. Section 2 inserts a new part immediately after regulation 6 of the Financial (Military) Regulations, specifying the pay scale for the Chief of the General Staff, with increments for subdivisions 1, 2, and 3. Section 3 further amends regulation 7 by inserting specific figures for the pay of Lieutenant-Generals, Major-Generals, and Brigadiers. Lastly, Section 4 stipulates that these regulations shall come into operation on the seventh day of August, 1947.
These regulations impose specific obligations and requirements on the Chief of the General Staff and other military officers. The Chief of the General Staff is entitled to a specific annual pay rate and incremental advancement based on the subdivisions outlined in the regulations. The Minister has the responsibility to determine the applicable subdivision at the date of the commencement of these Regulations. Additionally, certain regulations (12 to 20 inclusive and 36 and 37) do not apply to the Chief of the General Staff, providing specific exceptions to the general rules governing military pay.
The regulations do not explicitly state any offences, penalties, or consequences for breach. However, non-compliance with the specified pay rates or the conditions outlined in the regulations could potentially lead to administrative or legal consequences. The maximum penalties for breaches are not detailed in the provided text, but such breaches could be subject to the general disciplinary and legal measures applicable under the Defence Act 1903-1945 and other relevant legislation.