Military Financial Regulations (Amendment)

Legislation au C1938L00015 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

 

1938. No. 15.

REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*

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 1903-1934.

Dated this third day of February, 1938.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the Military Financial Regulations.†

Militia rates of pay.

1. Regulation 134 of the Military Financial Regulations is amended—

(a) by omitting the word and figures—

“Adjutant............................60 0 0”; and

(b) by inserting before the words “Assistant Adjutant” the word “Adjutant,”.

Certain officers to receive sixteen days’ pay per annum.

2. Regulation 137 of the Military Financial Regulations is amended by inserting after paragraph (c) of sub-regulation (ii) the following paragraph:—

“(d) Militia Adjutants or Assistant Adjutants.”.

3. Regulation 146 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Militia Adjutants.

“146. (i) Subject to this regulation, an officer holding the appointment of Militia Adjutant shall be paid an allowance at the rate of £60 per annum.

(ii) An officer holding an appointment of Militia Adjutant who attends a school of instruction for which an allowance may be granted under regulation 193 of these Regulations may, subject to that regulation, be paid the allowance prescribed therein according to his rank.

(iii) An allowance shall not be payable under sub-regulation (i) of this regulation in respect of any period for which an allowance is paid under regulation 193 of these Regulations.

(iv) The allowance prescribed by sub-regulation (i) of this regulation shall include horse allowance and all other allowances except travelling and field or camp allowance.

(v) The allowance prescribed by sub-regulation (i) of this regulation shall be paid quarterly in the months of September, December,

* 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; and 1937, Nos. 1, 22, 29, 42, 71, 76, 96 and 113.

7036.—20/21.1.1938.—Price 3d.


March and June and shall be subject to the officer obtaining a certificate from his Commanding Officer that his duties have been performed efficiently and to the approval of the formation, &c., commander.

(vi) An Assistant Adjutant, who (owing to a vacancy in the appointment, or because of the absence of the Adjutant or Militia Adjutant) performs the duties of Militia Adjutant for a continuous period exceeding one month, may, for the period of that performance of duty, be paid the allowance prescribed by sub-regulation (i) of this regulation and, for that period, the Militia Adjutant (if any) shall not be entitled to the allowance.”.

Hire of motor vehicles, motor cycles and bicycles.

4. Regulation 157 of the Military Financial Regulations is amended—

(a) by omitting from the third column of the table contained in sub-regulation (ii) the word “Nil” and inserting in its stead the figure “1”; and

(b) by omitting paragraph (b)from the fourth column of that table and inserting in its stead the following paragraph:—

“(b) Subject to such limitations as are imposed by the Military Board, mileage shall include the distance travelled to and from the place of assembly for training and also the distance travelled whilst on duty at camps of continuous training, bivouacs, home training parades or approved schools or courses of instruction. In respect of a bicycle the mileage rate shall be payable only for the distance travelled to and from the place of assembly for training and shall not exceed two shillings on any one occasion.”.

Civilian labour.

5. Regulation 190 of the Military Financial Regulations is amended by inserting in sub-regulation (i), after the word “training”, the words “, and at bivouacs held in conjunction therewith,”.

6. Regulation 191 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Batmen.

“191. Formation, &c., commanders may approve of the employment, at camps of continuous training and bivouacs held in conjunction therewith, of civilian labour as batmen to—

(a) officers of the Permanent Forces;

(b) chaplains; and

(c) officers of the Militia Forces who are appointed to the head-quarters of a Cavalry Division, Division, Cavalry Brigade, Infantry Brigade, or Divisional Artillery,

in the proportion of one batman to every four dismounted officers, and one batman to every two mounted officers whose duties at the camp and bivouac require them to be mounted and for whom horses are on strength at the camp and bivouac:

Provided that one batman may be employed when less than four dismounted or two mounted officers are in attendance.”.

 

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

Overview

The Statutory Rules 1938 No. 15, titled Regulations under the Defence Act 1903-1934, was enacted to address gaps in the administration and financial regulations of the Australian Defence Force, particularly in relation to the militia. These regulations were issued by the Governor-General in accordance with the Defence Act 1903-1934, with the aim of providing a comprehensive framework for the financial management and operational logistics of military personnel. The policy objective of these regulations was to ensure that military personnel received appropriate remuneration and allowances, while also streamlining the processes related to the hiring of vehicles, the employment of civilian labour, and the allocation of allowances for various military duties. The regulations made amendments to the Military Financial Regulations to enhance the efficiency and effectiveness of financial support to the Defence Force.

Scope and Application

The Regulations under the Defence Act 1903-1934 pertain to the amendment and repeal of existing military financial regulations, impacting the financial entitlements and allowances for various military personnel. Specifically, the regulations apply to officers, including Adjutants and Assistant Adjutants, as well as to civilian labour employed as batmen for certain officers during training and bivouacs. These regulations cover personnel involved in the Australian Defence Force, encompassing both permanent and militia forces. The reach of these regulations is national, as they are issued under the authority of the Commonwealth of Australia and affect military personnel across all states and territories. The regulations do not explicitly state any exclusions or exemptions, implying that they apply broadly to the specified categories of military personnel and civilian labour. The application of these regulations may be further detailed or extended through subordinate instruments, ensuring they are adapted to the evolving needs of the Defence Force.

Key Provisions

The primary sections of the Statutory Rules 1938 No. 15 amend the Military Financial Regulations under the Defence Act 1903-1934. Regulation 134 is amended to correct an error regarding the Adjutant's pay (section 1). Regulation 137 is amended to include Militia Adjutants or Assistant Adjutants in the list of officers eligible for sixteen days' pay per annum (section 2). Regulation 146 is repealed and replaced with new provisions for the payment of Militia Adjutants, including conditions for the allowance and exceptions (section 3). Regulation 157 is amended to clarify the mileage allowances for the hire of motor vehicles, motor cycles, and bicycles, and includes distance travelled to and from training assemblies (section 4). Regulation 190 is amended to include bivouacs in the scope of civilian labour employment (section 5). Regulation 191 is repealed and replaced with new provisions for the employment of civilian labour as batmen at camps of continuous training and bivouacs, with specific conditions and ratios (section 6). The Regulations impose specific obligations on various parties, including officers holding the appointment of Militia Adjutant and Assistant Adjutant, as well as Commanding Officers and formation commanders. Militia Adjutants must obtain a certificate from their Commanding Officer confirming efficient performance of duties to receive their allowance (Regulation 146(i)). Commanding Officers must ensure that any officer performing the duties of a Militia Adjutant for more than one month is appropriately compensated (Regulation 146(vi)). Formation commanders are authorised to employ civilian labour as batmen at camps of continuous training and bivouacs, subject to the specified ratios and conditions (Regulation 191). The Statutory Rules do not explicitly state any offences, penalties, or consequences for breaches. However, the requirement for Commanding Officers to certify efficient performance of duties and the conditions for employing civilian labour suggest that non-compliance with these regulations could lead to administrative consequences or affect the officer's entitlements. The specific penalties for such breaches would likely be determined by the Defence Act 1903-1934 or other relevant military regulations.

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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.