Military Financial Regulations (Amendment)

Legislation au C1938L00045 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1938. No. 45.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby made the following Regulations under the Defence Act 1903-1934.

Dated this eighteenth day of May, 1938.

Administrator.

By His Excellency’s Command,

Minister of State for Defence.

———

Amendments of the Military Financial Regulations.†

Australian Army Veterinary Corps.

1. Regulation 31 of the Military Financial Regulations is amended by omitting from the column headed “Remarks” the words “Promotion to the rank of Captain may be effected after six years’ service as Lieutenant” and inserting in their stead the words “An officer who has completed one year’s service in the sixth sub-division of pay as a Lieutenant may, subject to his passing the prescribed examination and to compliance with the provisions of regulation 85 of the Australian Military Regulations, be promoted to the rank of Captain”.

2. Regulation 41 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Australian Army Ordnance Corps.

“41. The annual rates of pay and of incremental advancement by sub-divisions for the Australian Army Ordnance Corps (Workshop Section) shall be as follows:—

 

 

Sub-divisions.

 

 

Rank or Appointment.

 

 

 

 

Increments.

l.

2.

3.

4.

 

£

£

£

£

 

Warrant Officer, Class

378

391

404

417

Annual Increments

1A

 

 

 

 

 

Warrant Officer, Class

326

339

352

365

Annual Increments. A Warrant Officer, Class II., if in receipt of pay at the rate prescribed for the third sub-division of that rank, shall, on promotion to the rank of Warrant Officer, Class I., be advanced to the second sub-division; or, if in receipt of pay at the rate prescribed for the fourth sub-division, to the third sub-division:

I.

 

 

 

 

* Notified in the Commonwealth Gazette on  , 1938.

† Statutory Rules 1935, No. 83, as amended by Statutory Rules 1935, Nos. 102 and 123; 1936, Nos. 1, 32, 62, 75, 98, 111, 122, 144 and 158; 1937, Nos. 1, 22, 29, 42, 71, 76, 96 and 113; and 1938, Nos. 11 and 15.

2176.—20/3.5.1938.—Price 3d.


“41. The Annual Rates of Pay, &c.—continued.

Rank or Appointment.

Sub-divisions.

Increments.

1.

2.

3.

4.

Warrant Officer, Class II.

300

319

326

339

Provided that in each case the advancement shall not be made until he has completed twelve months’ service at the lower rate

Advancement to the second subdivision may be made after three years’ service in the first sub-division. Advancement to the third sub-division may be made after four years’ service in the second sub-division, but shall be conditional on qualifying for promotion to higher rank or on qualifying at such technical test as is laid down by the Chief of the General Staff. Advancement to the fourth sub-division may be made after five years’ service in the third sub-division

Armament Staff Sergeant

287

..

..

..

 

Artisan.

Rank or Appointment.

Rate of Pay.

Remarks.

Grade I.—

£

 

Staff-Sergeant....

283

 

Sergeant........

278

Subject to qualification by examination, promotion to the rank of Staff-Sergeant may be made after two years’ service as a Sergeant

Corporal........

273

Subject to qualification by examination, promotion to the rank of Sergeant may be made after one year’s service as a Corporal

Grade II.—

 

 

Sergeant........

241

 

Lance-Sergeant...

235

Subject to qualification by examination, promotion to the rank of Sergeant may be made after four years’ service as a Lance-Sergeant

Corporal........

229

Subject to qualification by examination, and provided that a third-class certificate of education is held, the appointment of Lance-Sergeant may be granted after three years’ service as a Corporal

Workshop Assistant.

Rank or Appointment.

Rate of Pay.

 

£

Corporal.................................

222

Lance-Corporal............................

217

Private..................................

212”.


Militia staff officers’ rates of pay.

3. Regulation 132 of the Military Financial Regulations is amended by omitting from sub-regulation (i) the figures “30” opposite the words “Inspector of Dental Services at Army Head-quarters” and inserting in their stead the figures “36”.

4. Regulation 133 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Chaplains.

“133.—(i) Subject to sub-regulations (ii) and (iii) of this regulation, a Chaplain who is detailed for duty at a camp or camps of continuous training shall be paid, irrespective of his classification, at the rate of £1 per diem for each day of his authorized attendance at the camp or camps.

(ii) A District Base Commandant may authorize the attendance of a Chaplain at more than one camp of continuous training in a financial year:

Provided that the District Base Commandant shall not authorize the attendance of a Chaplain at a second camp in the same financial year as the first camp, unless, in the Commandant’s opinion, exceptional circumstances exist which render this additional attendance necessary.

(iii) Nothing in this regulation shall be deemed to authorize payment to a Chaplain, in respect of attendance at any one camp of continuous training, of an amount in excess of the total sum to which he would be entitled, at the rate prescribed in sub-regulation (i) of this regulation, for attendance at the camp on each day of the number of days camp training authorized for that camp.”

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1938, No. 45, made under the Defence Act 1903-1934, were enacted to amend the Military Financial Regulations concerning various ranks and pay scales within the Australian Army. This legislative instrument was issued by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on 18 May 1938. The primary objective of these regulations was to ensure that the financial compensation and promotion criteria for military personnel were aligned with their service duration and qualifications, thereby addressing discrepancies and providing clarity within the existing pay structure. The regulations were designed to standardise and formalise the financial management of the Australian Army, ensuring consistency and fairness in the compensation of military personnel across different corps and ranks.

Scope and Application

The Statutory Rules 1938, No. 45, made under the Defence Act 1903-1934, primarily affect the Australian Army, specifically focusing on the Australian Army Veterinary Corps and Australian Army Ordnance Corps, and the payment rates for Militia staff officers and Chaplains. These regulations apply to officers and enlisted personnel within the specified corps and to Chaplains detailed for duty at camps of continuous training. The regulations detail the conditions and rates of pay and incremental advancements for various ranks within these corps, including specific conditions for promotion and advancements in sub-divisions. This legislation extends to the entire Commonwealth of Australia, as it is enacted by the Administrator under the authority of the Commonwealth government. The regulations also specify that the rates and conditions apply irrespective of the classification of Chaplains, indicating a broad application across different levels of service. There are no stated exclusions or thresholds within the text, but the regulations do contain specific conditions and qualifications that must be met for promotions and advancements, as well as limitations on the payment rates for Chaplains attending multiple camps. The scope of this legislation is further extended through subordinate instruments that amend and repeal previous regulations, thereby ensuring that the rules are updated to reflect current practices and needs within the Defence force.

Key Provisions

The Regulations under the Defence Act 1903-1934 primarily focus on amendments to the Military Financial Regulations, affecting both personnel and pay scales. Regulation 31 now requires that an officer must complete one year of service in the sixth sub-division of pay as a Lieutenant, pass a prescribed examination, and comply with regulation 85 of the Australian Military Regulations to be promoted to the rank of Captain (section 1). Regulation 41 is replaced with a new schedule detailing annual rates of pay and incremental advancements by subdivisions for the Australian Army Ordnance Corps (Workshop Section), including specific criteria for pay advancements based on service duration and qualification (section 2). Regulation 132 modifies the pay scale for an Inspector of Dental Services at Army Headquarters from 30 to 36 (section 3). Regulation 133 replaces the previous regulation regarding chaplains, stipulating that chaplains detailed for duty at camps of continuous training are to be paid £1 per diem for each authorized day of attendance, with certain conditions on additional attendances (section 4). These regulations impose several obligations on the parties they govern. Officers seeking promotion to the rank of Captain must now meet specific service and examination criteria. The Australian Army Ordnance Corps must adhere to the new pay scales and advancement criteria as outlined in Regulation 41. Inspectors of Dental Services must be compensated according to the revised scale in Regulation 132. Chaplains must comply with the conditions set forth in Regulation 133 for their pay during camp training. Violations of these regulations may result in several consequences. While the document does not explicitly state offences, penalties, or civil/criminal consequences, non-compliance with the outlined criteria for pay and promotion could potentially lead to administrative actions. These might include disciplinary measures for officers who do not meet the specified requirements for promotion or financial penalties for misapplication of pay scales. The exact penalties are not specified in the document, but they could involve formal reprimands, financial restitution, or other corrective actions as deemed necessary by the relevant authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.