STATUTORY RULES.
1943. No. 157.
REGULATION 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 ninth day of June, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
———
Amendments of the Military Financial Regulations.†
Hire of motor vehicles, motor cycles and bicycles.
1. Regulation 157 of the Military Financial Regulations is amended by inserting in sub-regulation (i), after the word “may” (first occurring), the words “, in time of peace,”.
2. After regulation 157 of the Military Financial Regulations the following regulation is inserted:—
Hire of vehicles in time of war.
“157a.—(i) Subject to the provisions of this regulation, an officer of the Military Forces authorized by the Military Board to hire privately-owned vehicles for the purposes of authorized military training may, in time of war, hire such vehicles, for those purposes under such terms and conditions as are approved by the Military Board and accepted by the lessor.
(ii) The number of any particular type of vehicle which may, in respect of any parade, camp, school or course, be hired under this regulation shall not exceed the number of that type of vehicle specified in the authorized training or war establishment of the unit concerned.
* 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; and 1941, Nos. 13, 30, 50, 109, 154, 216 and 306.
820/42.—Price 3d. 24/29.4.1943.
(iii) Payment in respect of the hire of any vehicle shall be at such rate, not exceeding the rate specified in the following table in relation to that type of vehicle and the period of hire and mileage run, as is agreed upon under the terms of agreement:—
MAXIMUM RATES PAYABLE FOR HIRE AND MILEAGE.
Type of vehicle. | Daily rate for hire, if vehicle hired for period of twelve days or less. | Mileage rate (payable in addition to daily rate for hire). | Weekly rate for hire, if vehicle hired for period in excess of twelve days. | Mileage rate (payable in addition to weekly rate for hire). | ||||||
| Per whole day.* | Per mile. | Per week. | Per mile.† | ||||||
| £ | s. | d. | s. | d | £ | s. | d. | s. | d |
Semi-trailer, 5-ton capacity or over..... | Nil | Nil | 8 | 10 | 0 | Nil | ||||
Commercial tractor................ | 1 | 5 | 0 | 0 | 8 | 7 | 0 | 0 | 0 | 2 |
Lorry, 30-cwt. capacity or over........ | 1 | 5 | 0 | 0 | 8 | 7 | 0 | 0 | 0 | 2 |
Truck, over 15-cwt. and less than 30-cwt. Capacity | 0 | 14 | 0 | 0 | 5 | 5 | 10 | 0 | 0 | 2 |
Light utility truck or van, up to 15-cwt. Capacity | 0 | 10 | 0 | 0 | 4 | 4 | 0 | 0 | Nil | |
Motor car...................... | 0 | 10 | 0 | 0 | 4 | 4 | 0 | 0 | Nil | |
Motor cycle with side car............ | 0 | 5 | 0 | 0 | 1¼ | 1 | 15 | 0 | 0 | 0½ |
Motor cycle, solo................. | 0 | 5 | 0 | 0 | 1 | 1 | 15 | 0 | 0 | 0½ |
Bicycle........................ | 0 | 2 | 0 | Nil | 1 | 5 | 0 | Nil | ||
*The rate payable in respect of half-day and night parades shall be calculated on the same basis as is prescribed, in relation to pay, by regulation 143 of these Regulations.
†When the period of hire does not exceed 90 days, mileage at the rate specified in this column shall be payable only in respect of all miles in excess of an average of 250 miles per week during the period of hire. When the period of hire exceeds 90 days the mileage travelled will be calculated at the end of each quarter and the mileage rate will be paid for each mile in excess of an average of 250 miles per week.
(iv) Subject to such limitations as are determined by the Military Board, mileage shall include the distance 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.
(v) Where a vehicle suffers damage (other than war damage) while under hire pursuant to this regulation, under circumstances which constitute a bar to an indemnity under the relevant policy of insurance relating to that vehicle then—
(a) if the Commanding Officer of the Unit by which the vehicle |was being used at the time the damage occurred certifies that the vehicle should be repaired, the vehicle shall be repaired by or at the expense of the Commonwealth, and, while the vehicle is being repaired, payments for hire shall continue to be made during the period necessary for repair at the appropriate daily or weekly rate, whether that period is within or beyond the period of hire agreed upon; or
(b) if that Commanding Officer certifies that the vehicle is so extensively damaged that the cost of repairs would be excessive in relation to the value of the vehicle when repaired—
(i) the hiring shall be terminated forthwith by service on the lessor of a notice in writing signed by that Commanding Officer setting forth that the hiring has been terminated;
(ii) payments for hire at the appropriate daily or weekly rate shall be made up to the time of service of the notice on the lessor;
(iii) the damaged vehicle shall become the property of the Commonwealth as from the time the damage occurred; and
(iv) the lessor of the vehicle shall be paid a sum equal to the market value of the vehicle immediately prior to its being damaged.
(vi) Subject to any provision to the contrary contained in the agreement for the hire of a privately owned vehicle, that vehicle shall not be repaired by or at the expense of the Commonwealth and no moneys shall be paid by the Commonwealth to the lessor by way of compensation or reimbursement in respect of or in connexion with damage to a vehicle except pursuant to sub-regulation (v) of this regulation.
(vii) A notice pursuant to sub-paragraph (i) of paragraph (b) of sub-regulation (v) may be served on the lessor by delivering it to him personally or by sending it by registered post addressed to the lessor at his address as set out in the hiring agreement or, if the lessor has furnished notification of a later address, to that later address.
(viii) Any vehicle, other than a bicycle, which is hired pursuant to the provisions of this regulation shall, before the delivery of the vehicle to the hirer pursuant to the hiring agreement, be insured by and at the expense of the lessor against the following risks to the extent set out:—
(a) (i) in the case of a solo motor cycle or a motor cycle with sidecar—third-party risks for an amount not less than Five hundred pounds;
(ii) in the case of any other motor vehicle—unlimited third-party risks;
(b) all standard risks in a comprehensive policy (other than third-party risks) to the full insurable value of the vehicle; and
(c) war damage to the full value of the vehicle, and while the vehicle remains on hire to the hirer, the lessor shall keep the vehicle insured against those risks.
(ix) In this regulation—
“hirer” means the Department of the Army;
“lessor” means the person from whom a vehicle is hired;
“vehicle” means any vehicle specified in the table in sub-regulation (iii) of this regulation; and
“war damage’’ shall have the same meaning as that expression in the National Security (War Damage to Property) Regulations.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.