STATUTORY RULES.
1943. No. 152.
REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
I, THE DEPUTY OF 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 1903-1941.
Dated this second day of June, 1943.
Deputy of the Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendments of the Military Financial Regulations.†
Definitions.
1. Regulation 3 of the Military Financial Regulations is amended by omitting the definition of “The Military Board” and inserting in its stead the following definition:—
“‘Military Board’ means the Military Board constituted in pursuance of section 28 of the Defence Act.”
Delegations.
2. Regulation 5 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—
“5. (i) The Minister may, by writing under his hand, delegate any power, duty, or other function conferred or imposed on him by these Regulations.
“(ii) The Military Board may delegate to any person any power, duty or other function conferred or imposed on them by these Regulations.
“(iii) Where an officer is appointed to command the Military Forces in time of war, that officer may, in relation to any matters or class of matters or in relation to any particular part of Australia, by writing under his hand, delegate all or any of the powers and functions vested in him by virtue of that appointment so that the delegated powers and functions may be exercised or performed by the delegate, with respect to the matters or class of matters, or the part of Australia, specified in the instrument of delegation.
* Notified in the Commonwealth Gazette on , 1943.
† 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; 1938, Nos. 11, 15, 45, 76, 89, 96, 98 and 122; 1939, Nos. 82, 132, 133, 135 and 159; 1940, Nos. 39, 68, 76, 204, 211 and 253; 1941, Nos. 13, 30, 50, 109, 154, 216 and 306; and 1942, Nos. 84 and 507.
2737.—Price 3d. 24/29.4.1943.
“(iv) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise or performance of any power, duty or other function by the Minister or the Military Board or by the officer appointed to command the Military Forces in time of war (as the case may be).
“(v) A delegation under this regulation shall not lapse or be revoked by the Minister ceasing to hold office by death or otherwise, or by reason of the powers or functions of the Military Board becoming vested in an officer appointed to command the Military Forces in time of war, or by reason of the officer by whom the delegation was made ceasing, whether by death or otherwise, to hold the appointment to command the Military Forces; but a delegation by the Military Board may be cancelled by an officer appointed to command the Military Forces in time of war.”.
Powers of formation, &c., Commanders exercisable by Military Board.
3. Regulation 6 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—
“6. Every power and discretion given to a formation, &c., Commander, or a District Finance Officer by these Regulations may also be exercised by the Military Board or by a member thereof to the extent to which he is by these Regulations authorized to exercise the powers of the Military Board or by any officer who, under these Regulations, is authorized to act on behalf of a member of the Military Board, but only to the extent to which he is so authorized, or, in time of war by a District Commandant.”.
Staff Corps.
4. Regulation 29 of the Military Financial Regulations is amended—
(a) by omitting from the last column of the table the words “On completion of eight years’ service as Captain, promotion may be granted to the rank of Major subject to selection and recommendation by the Military Board”; and
(b) by omitting from that column the words “On completion of eight years’ service as Lieutenant promotion may be granted to the rank of Captain subject to the favorable recommendation of the Commanding Officer and of the Formation, &c., Commander concerned”.
A.A.V.C.
5. Regulation 31 of the Military Financial Regulations is amended by omitting from the column headed “Remarks” all the words from and including the words “An officer”.
Officers Australian Army Ordnance Corps.
6. Regulation 33 of the Military Financial Regulations is amended by omitting from the column headed “Increments” in the table the words “On completion of two years’ service as Ordnance Mechanical Engineer, 4th Class, promotion may be granted to Ordnance Mechanical Engineer, 3rd Class”.
Warrant and other non-commissioned officers—Australian Survey Corps.
7. Regulation 36 of the Military Financial Regulations is amended—
(a) by omitting from the column headed “Remarks” in the table all the words and figures from and including the words “Appointment as Warrant Officer, Class Ia.,”; and
(b) by inserting in that column opposite the designation “Warrant Officer, Class II.” the words “Annual increments.”; and
(c) by inserting in that column opposite the designation “Sergeant” the words “Annual Increments.”.
Engineer Services Branch, R.A.E.
8. Regulation 37 of the Military Financial Regulations is amended by omitting from the column headed “Increments.” all the words and figures from and including the word “Promotion”.
Australian Army Ordnance Corps.
9. Regulation 41 of the Military Financial Regulations is amended by omitting from the table headed “Artisan.” all the words in the column headed “Remarks.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.