Military Financial Regulations (Amendment)

Legislation au C1944L00089 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 89.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 1903-1941.

Dated this thirty-first day of May , 1944.

(SGD.) GOWRIE.

Governor-General.

By His Excellencys Command,

Acting Minister of State for the Army.

 

Amendments of the Military Financial Regulations.

Variations in cost of living.

1. Regulation 27 of the Military Financial Regulations is amended—

(a) by omitting the word July (wherever occurring) and inserting in its stead the word May; and

(b) by omitting the word January (wherever occurring) and inserting in its stead the word November.

Rates of pay.

2. Regulations 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41 and 42 of the Military Financial Regulations are amended by omitting each of the rates of pay specified therein (other than the rates prescribed in respect of workshop apprentices by regulation 41 of those Regulations) and respectively inserting in their stead a rate ascertained by adding £12 to each of the rates so omitted.

Pay and incremental advancement of certain members appointed or promoted to temporary commissioned rank in time of war.

3. Regulation 29a of the Military Financial Regulations is amended by omitting from sub-regulation (i) the words the Australian Army Ordnance Corps and inserting in their stead the words the Australian Army Ordnance Corps to whom regulation 33 of these Regulations applies.

Amendment of Statutory Rules 1942, No. 84.

4. Regulation 3 of Statutory Rules 1942, No. 84, is amended by omitting the words the Australian Army Ordnance Corps and inserting in their stead the words the Australian Army Ordnance Corps to whom regulation 33 of the Military Financial Regulations applies.

* Notified in the Commonwealth Gazette on      , 1944.

† 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; 1942, Nos. 84 and 507; and 1943, Nos. 152 and 157.

6896.—Price 3d.         9/5.5.1944

Amendment of regulations 31, 34, 37 and 40.

5. Regulations 31, 34, 37, 40 and 42 of the Military Financial Regulations are amended by inserting, after the words shall be, the words in accordance with the following table:—.

Australian Army Ordnance Corps.

6. Regulation 41 of the Military Financial Regulations is amended by omitting the words as follows and inserting in their stead the words in accordance with the following tables.

Repeal of regulation 50.

7. Regulation 50 of the Military Financial Regulations is repealed.

Uniform maintenance allowance.

8. Regulation 56 of the Military Financial Regulations is amended by omitting paragraph (c) of sub-regulation (iv).

Mileage allowances.

9. Regulation 77 of the Military Financial Regulations is amended by omitting from the table in sub-regulation (iv) each of the rates specified in items (a) to (f) (both inclusive) and respectively inserting in their stead a rate ascertained by adding one penny to each of the rates so omitted.

10. Regulation 131 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Voluntary Aid Detachments.

131. A grant of two shillings and three pence per annum for each enrolled efficient member within the approved establishments may be paid to the Joint Central Council of Voluntary Aid Detachments for distribution to Joint State Councils of Voluntary Aid Detachments towards expenses connected with the registration of members and other administrative expenses..

Adjustment of pay.

11.—(1.) Any payment made to a member of the Permanent Military Forces in accordance with regulations 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 or 42 of the Military Financial Regulations in respect of the members service from and including the thirtieth day of October, 1941, shall, subject to sub-regulation (2.) of this regulation, be adjusted to accord with the rate payable under the Military Financial Regulations, as amended by regulations 2 and 7 of these Regulations.

(2.) Payments made in accordance with the Military Financial Regulations from and including the commencement of the first pay-period which began in the month of May, 1942, shall be adjusted to accord with the rates payable under the Military Financial Regulations, as amended by regulations 2 and 7 of these Regulations, and varied in pursuance of regulation 27 of the Military Financial Regulations, as amended by regulation 1 of these Regulations.

 

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

Overview

Statutory Rules 1944, No. 89, made under the Defence Act 1903-1941, was enacted to address the need for amendments to the Military Financial Regulations during a period of significant change in the context of the Second World War. This legislative instrument was made by the Governor-General in accordance with the Defence Act, reflecting the urgent and critical nature of the updates needed in military financial management. The primary policy objective behind these regulations was to ensure that the financial arrangements for members of the military were appropriately adjusted to reflect changes in the cost of living and other relevant factors. The enactment aimed to provide clarity and consistency in military pay and allowances, thereby supporting the efficiency and morale of the armed forces during wartime.

Scope and Application

Statutory Rules 1944, No. 89, made under the Defence Act 1903-1941, amend the Military Financial Regulations to reflect changes in the cost of living and adjustments in pay rates for members of the Permanent Military Forces. These Regulations apply to members of the military and their financial administration within the Commonwealth of Australia, impacting both individuals and the entities responsible for their remuneration and allowances. The scope of these amendments includes adjustments to various rates of pay, variations in cost-of-living allowances, and modifications to allowances for mileage and maintenance. Additionally, the Regulations address the pay and incremental advancement of certain members appointed or promoted to temporary commissioned rank during wartime, and they specify the method of calculating new rates of pay for various categories of military personnel. This legislation also includes the repeal of certain regulations and the introduction of new provisions, such as the grant to Voluntary Aid Detachments for administrative expenses. These changes are effective from specified dates and are subject to further variations as stipulated in the amended regulations.

Key Provisions

The statutory rules in question are made under the Defence Act 1903-1941 and include several amendments to the Military Financial Regulations. Regulation 27 is amended to change the dates from July and January to May and November, respectively (reg 1). Regulations 28 to 42 are amended to adjust the rates of pay by adding £12 to the existing rates (reg 2). Regulation 29a is amended to specify that the amendments to rates of pay apply to members of the Australian Army Ordnance Corps (reg 3). Regulation 3 of Statutory Rules 1942, No. 84, is amended to clarify that the changes to pay rates apply to the Australian Army Ordnance Corps (reg 4). Regulations 31, 34, 37, 40, and 42 are amended to specify that payments will be in accordance with a new table (reg 5). Regulation 41 is amended to specify that payments will be in accordance with new tables (reg 6). Regulation 50 is repealed (reg 7). Regulation 56 is amended to omit a specific paragraph (reg 8). Regulation 77 is amended to increase mileage rates by one penny (reg 9). Regulation 131 is repealed and replaced with a new regulation regarding grants for Voluntary Aid Detachments (reg 10). Regulation 131 specifies a grant of two shillings and three pence per annum for each enrolled efficient member for expenses related to registration and administration (reg 10). Regulation 11 requires that any payments made to members of the Permanent Military Forces from October 1941 onwards be adjusted to the new rates (reg 11). The obligations and requirements imposed by these regulations primarily involve updating the rates of pay for various categories of military personnel and adjusting these payments to align with new rates and tables. For instance, Regulation 2 requires the addition of £12 to the existing pay rates for numerous categories of military personnel. Regulation 11 specifies that any payments made from October 1941 onwards must be adjusted to the new rates, ensuring that all personnel receive the correct compensation according to the updated regulations. Furthermore, the repeal and amendment of certain regulations, such as Regulation 50 and the replacement of Regulation 131, impose new requirements on how grants and allowances are calculated and distributed. There are no explicit offences, penalties, or consequences for breaches mentioned in the regulations. However, failure to comply with these financial regulations could potentially lead to legal repercussions under the Defence Act 1903-1941, which governs the administration of the Australian Defence Force. Such breaches might result in disciplinary actions, administrative penalties, or other legal consequences as deemed appropriate under the overarching legislation. The specific penalties for non-compliance would be determined in accordance with the Defence Act and any other relevant laws.

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Defence & Security Law
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