Military Financial Regulations (Amendment)

Legislation au C1942L00084 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 84.

 

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 twentieth day of February, 1942.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Military Financial Regulations.†

1. Regulation 23 of the Military Financial Regulations is amended by inserting after sub-regulation (i) the following sub-regulation:—

“Performance of duties of higher rank or appointment.

(ia) A member of the Permanent Military Forces, who, with the approval of a formation, &c., commander, satisfactorily performs for a continuous period of not less than twenty-one days the duties of another member of the Military Forces of higher rank or appointment than his own shall be paid in respect of the whole of any such continuous period an allowance equal to the difference between his own rate of pay and the minimum rate of the rank or of the appointment held by the member whose duties he performs.”.

2. After regulation 29 of the Military Financial Regulations the following regulation is inserted:—

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

29a. (i) This regulation shall apply to members of the Permanent Military Forces other than officers of the Australian Staff Corps, members of the Australian Survey Corps, the Australian Army Ordnance Corps or the Australian Army Veterinary Corps or members to whom the War Financial (Military Forces) Regulations apply who are appointed or promoted in time of war to temporary commissioned rank.

(ii) A member to whom this regulation applies shall be paid at the same rate of pay and be eligible for the same rate of incremental advancement as are prescribed by these Regulations for an officer of the Australian Staff Corps of the rank corresponding to that member’s temporary commissioned rank:

 

* Notified in the Commonwealth Gazette on , 1942.

† 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; and 1941, Nos. 13, 30, 50, 109, 154, 216 and 306.

634.—24/24.1.1942.—Price 3d.


Provided that, notwithstanding anything in sub-regulation (iiia) of regulation 23 of these Regulations—

(a) if the minimum rate of pay prescribed by regulation 29 of these Regulations for the first-mentioned rank is less than the rate which the member was receiving before his appointment or promotion, the rate payable to him as on and from the date of his appointment or promotion shall be the rate of the sub-division of the range of pay specified in that regulation next higher than the rate of pay which he was receiving; and

(b) where a member would, if he had not been appointed or promoted to temporary commissioned rank, have become eligible for incremental advancement to a rate of pay higher than that payable to him under the preceding provisions of this regulation, he shall be entitled, as at the date on which he would have become so eligible, to incremental advancement to the next sub-division of the range of pay applicable to his temporary commissioned rank.”.

Adjustment of rates of pay.

3. Where any member of the Permanent Military Forces other than an officer of the Australian Staff Corps or a member of the Australian Survey Corps, the Australian Army Ordnance Corps, the Australian Army Veterinary Corps or a member to whom the War Financial (Military Forces) Regulations apply has been appointed or promoted in time of war to temporary commissioned rank, that member’s rate of pay and incremental advancement may be adjusted as on and from the third day of July, 1940, in accordance with the provisions of the Military Financial Regulations, as amended by regulation 2 of these Regulations.

Quarter-masters.

4. Regulation 34 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (i) the words “Subject to the next succeeding sub-regulation, the” and inserting in their stead the word “The”; and

(b) by omitting sub-regulation (ii).

 

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

Overview

The Statutory Rules 1942 No. 84, issued under the Defence Act 1903-1941, were enacted to address the need for financial adjustments and allowances for military personnel in the context of war-time appointments and promotions. This legislative instrument was created by the Governor-General in Council, reflecting the urgency and gravity of the situation during World War II. The overarching policy objective is to ensure that military personnel who undertake duties of higher rank or appointment for a specified period are fairly compensated and that members appointed or promoted to temporary commissioned ranks receive appropriate pay and incremental advancement. These regulations aim to maintain morale and efficiency within the military forces by addressing financial inequities that may arise during times of conflict.

Scope and Application

The Statutory Rules of 1942, No. 84, pertain to the amendments of the Military Financial Regulations under the Defence Act 1903-1941. These regulations primarily apply to members of the Permanent Military Forces, excluding certain officers of the Australian Staff Corps, the Australian Survey Corps, the Australian Army Ordnance Corps, and the Australian Army Veterinary Corps, as well as members subject to the War Financial (Military Forces) Regulations. The provisions are specifically tailored to address the financial implications of members performing duties of higher ranks or appointments during times of war. This includes the payment of allowances for performing duties of higher ranks for continuous periods, and the adjustment of pay and incremental advancement for members appointed or promoted to temporary commissioned ranks in wartime. The regulations extend to the Commonwealth level, thereby impacting all military personnel within the Australian jurisdiction. There are no explicit exclusions or exemptions stated in these regulations, but they do cater to specific roles and wartime conditions.

Key Provisions

The Statutory Rules of 1942, No. 84, made under the Defence Act 1903-1941, introduce amendments to the Military Financial Regulations. The primary focus of these regulations is to adjust the financial provisions for members of the Permanent Military Forces during times of war. For instance, Regulation 23 is amended to include a new sub-regulation (ia) (1), which stipulates that members performing duties of a higher rank or appointment for a continuous period of at least twenty-one days will receive an allowance equal to the difference between their own rate of pay and the minimum rate of pay for the higher rank or appointment. Additionally, a new regulation (29a) is introduced to address the pay and incremental advancement for members appointed or promoted to temporary commissioned ranks during wartime (2). These regulations impose specific obligations on the members of the Permanent Military Forces, particularly those who are appointed or promoted during wartime. They must perform the duties of higher ranks for at least twenty-one days to qualify for the allowance, as outlined in Regulation 23 (ia) (1). Furthermore, members appointed or promoted to temporary commissioned ranks during wartime must adhere to the pay and incremental advancement rules specified in Regulation 29a (2). This includes being paid at the same rate and being eligible for the same incremental advancement as officers of the Australian Staff Corps of the corresponding rank. Breaches of these regulations may result in civil or criminal consequences, though the specific penalties are not detailed in the statutory rules. Generally, under Australian law, failure to comply with military regulations can result in disciplinary action, which might include fines, demotion, or even discharge from service. However, the exact penalties for non-compliance with these particular regulations would be determined by the Defence Force Discipline Rules or other relevant military laws.

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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.