Military Financial Regulations (Amendment)

Legislation au C1939L00133 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. .

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 1903-1939.

Dated this second day of November, 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the Military Financial Regulations.†

1.–(1.) After regulation 19 of the Military Financial Regulations, the following regulation is inserted:-

Increments in time of war.

“19a. In time of war an increment may be paid to any member of the permanent Forces notwithstanding that he has not qualified at the examination, passed the test, or attended the course, which is prescribed in this Part as a condition for the payment of that increment.”.

(2.) In the case of any increment which would have accrued to any member of the Permanent Forces prior to the commencement of this regulation if he had qualified at the examination, passes the test, or attended the course, which is prescribes in the Military Financial Regulations as a condition for the payment of the increment, the Military Board may approve of the payment of the increment as from any date on or after the second day of September, 1939.

 

*Notified in the Commonwealth Gazette on                                                                                       1939.

† Statutory Rules 1935, No. 83, as amended by Statutory Rules 1935, No. 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, No. 82.

Establishments.

2. –(1.) Regulation 147 of the Military Financial Regulations is amended—

(a) by omitting, from sub-regulation (i), the words and figures “sub-regulation (iii)” (first occurring) and inserting in their stead the words and figures “sub-regulations (iii) and (v) of this regulation and regulation 149 of these Regulations.”;

(b) by omitting, from paragraph (a) of sub-regulation (i), the words and figures “Except as provided in sub-paragraph (iii) of this regulation no” and inserting in their stead the word “No”;

(c) by omitting, from sub-regulation (ii), the word “sub-paragraph” and inserting in its stead the word ‘sub-regulation”; and

(d) by omitting sub-regulation (iii) and inserting in its stead the following sub-regulations:—

“(iii) Except in time of war, a member of the Militia Forces holding an acting or temporary rank or appointment shall be paid at the rate prescribed in these Regulations for a member holding the next lower substantive rank or permanent appointment.

(iv) A member of the Militia Forces shall not be granted any acting or temporary rank or appointment unless a vacancy for an equivalent substantive rank or permanent appointment exists in the approved establishments.

(v) Except in the case of paid lance appointments authorized by the Australian Military Regulations and for which provision exists in the approved establishments, lance appointments shall not carry any increase in pay.”.

(2.) A member of the Militia Forces holding an acting or temporary rank or appointment, or a lance appointment, on the date of commencement of these Regulations, may be paid at the rate prescribed for such rank or appointment as from the date on which he was appointed or promoted to that rank or appointment, or from the second day of September, 1939 (whichever is the later date).

3. – (1.) Regulation 149 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:-

Officers provisionally appointed or promoted.

“149. Except in time of war, a person who is provisionally appointed or promoted to any commissioned rank (other than the rank of lieutenant) in the Militia Forces shall, unless he is an officer of the Australian Army Legal Department, be paid at the rate prescribed in these Regulations for the substantive rank next below that provisional rank:

Provided that when a person completed the prescribed examination for a rank to which he has been provisionally promoted, he shall, upon notification in the Gazette of the confirmation of his provisional

rank and with effect from the date (inclusive) upon which he completed that examination, be eligible for the pay prescribed in these Regulations for that rank.”

(2.) A person provisionally appointed or promoted to any commissioned rank, prior to the commencement of these Regulations, may be paid at the rate prescribed for that rank as from date of his provisional appointment or promotion or from the second day of September, 1939 (whichever is the later date).

Overview

The Statutory Rules of 1939, No. 13, made under the Defence Act 1903-1939, address urgent financial matters pertaining to the military during a period of heightened conflict. Enacted by the Governor-General in Council, these regulations aim to ensure that military personnel receive appropriate financial remuneration during times of war, circumventing certain qualifications and tests that might otherwise delay or prevent the payment of increments. The policy objective is to provide stability and motivation to the armed forces by guaranteeing timely and fair financial support to members of the permanent and militia forces, thereby maintaining operational efficiency and morale amidst wartime exigencies.

Scope and Application

These Regulations, made under the Defence Act 1903-1939, amend the Military Financial Regulations, which pertain to financial matters within the Australian Defence Force. They specifically apply to members of the permanent and militia forces, as well as officers who are provisionally appointed or promoted. The regulations cover conduct and transactions related to financial increments, pay rates, and acting or temporary appointments within these forces. The regulations have a national reach as they are made under the Commonwealth Defence Act. There are no stated exclusions or thresholds within the provided excerpt, but the scope is limited to wartime adjustments and conditions for increments and pay rates. The regulations extend their application through subordinate instruments, as evidenced by the insertion and amendment of specific regulations within the Military Financial Regulations.

Key Provisions

The primary provisions of these Regulations concern the adjustments to the Military Financial Regulations, specifically targeting increments and pay rates for members of the permanent and Militia Forces during times of war and peace. Regulation 19a introduces an exception to the usual requirements for receiving an increment during wartime, allowing its payment to any member of the permanent Forces without the need to have qualified at an examination, passed a test, or attended a course (1(1)). This regulation also allows for the retrospective payment of increments that would have been due if the conditions had been met, from a date on or after 2 September 1939 (1(2)). The Regulations also modify Regulation 147 to detail specific pay rates for members of the Militia Forces holding acting or temporary ranks or appointments, and for lance appointments, with exceptions and conditions outlined for wartime circumstances (2(1) and (2)). Furthermore, Regulation 149, which pertains to officers provisionally appointed or promoted in the Militia Forces, is amended to establish a pay rate for such officers unless they are officers of the Australian Army Legal Department, with conditions on pay eligibility upon the completion of prescribed examinations (3(1) and (2)). The Regulations impose certain obligations and requirements on members of the permanent and Militia Forces. For members of the permanent Forces, the Regulations provide clarity on the payment of increments during wartime without the usual qualifying requirements (1(1)). For members of the Militia Forces, the Regulations specify conditions under which acting or temporary ranks or appointments may be granted, ensuring that such appointments are tied to existing vacancies for substantive ranks or permanent appointments (2(1)(iv)). Additionally, the Regulations set forth the pay rates for members of the Militia Forces holding acting or temporary ranks or appointments and for lance appointments, with specific exceptions for wartime and for certain paid lance appointments authorized by the Australian Military Regulations (2(1)(iii) and (v)). For officers provisionally appointed or promoted in the Militia Forces, the Regulations detail the pay rates and conditions for eligibility upon the completion of prescribed examinations (3(1)). Failure to comply with the provisions of these Regulations may result in breaches with potential civil or criminal consequences. While the Regulations themselves do not explicitly outline specific offences, penalties, or maximum penalties, breaches of the Defence Act 1903-1939 or related regulations could lead to legal actions. Such actions might include fines or other penalties as prescribed under the Defence Act or other applicable laws. It is important to note that the specific consequences would depend on the nature and severity of the breach, as well as any relevant provisions in the Defence Act or other relevant legislation.

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