Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1936 No. 62 represents a regulation under the Defence Act 1903-1934, enacted by the Governor-General on behalf of the Commonwealth of Australia. This legislative instrument, issued on 6 May 1936, was designed to address specific financial entitlements for members of the Permanent Forces upon their discharge. The regulation was intended to amend the Military Financial Regulations concerning the transportation benefits provided to service members at the conclusion of their service. This regulation was made by the Governor-General in Council, under the authority granted by the Defence Act, with the primary objective of updating and clarifying the conditions under which discharged members could receive free transport for themselves and their dependents, along with their household effects, to their chosen destination within the Commonwealth.

Scope and Application

The 1936 Statutory Rules regulation under the Defence Act 1903-1934 pertains specifically to members of the Permanent Forces within the Australian Defence Force, addressing their entitlements upon the termination of their appointments or discharge. This regulation is geographically confined to the Commonwealth of Australia and does not extend beyond its borders. The regulation grants eligible members free transport by rail, steamer, or coach to their place of enlistment or first appointment, or to any other place within the Commonwealth if the cost is comparable, along with transport for necessary household furniture and effects. Notably, the regulation excludes members who terminate their appointment or are discharged at their own request, or due to misconduct or medical unfitness resulting from misconduct, from receiving these benefits. Additionally, the regulation stipulates that no monetary grant can be made as an alternative to the free transport. This regulation is an amendment to the Military Financial Regulations, as previously outlined in the Statutory Rules of 1935 and further amended by subsequent statutory rules of that year and early 1936.

Key Provisions

The statutory rule, numbered 1936 No. 62, made under the Defence Act 1903-1934, amends Regulation 88 of the Military Financial Regulations (Regulation 88). The primary change introduced by this statutory rule is the replacement of the existing sub-regulation (i) with a new provision (sub-regulation (i)). The new provision (sub-regulation (i)(a)) allows members of the Permanent Forces, upon termination of their appointment or discharge, to receive free transport by rail, steamer, or coach to their place of enlistment or first appointment, or any other place within the Commonwealth, provided the cost is not greater. This transport can also include their dependent wife and children. Furthermore, members can be granted free transport for necessary household furniture and effects in their possession, but this must occur within one month of the termination of their appointment or discharge, unless an exception is approved by the Military Board. The new provision also explicitly states that members of the Permanent Forces who terminate their appointment or are discharged at their own request, or for misconduct or medical unfitness due to misconduct, are not eligible for the benefits of this regulation (sub-regulation (i)(b)). Additionally, it prohibits the issuance of a monetary grant in lieu of the free transport (sub-regulation (i)(c)). The Act imposes obligations on members of the Permanent Forces, ensuring they understand the conditions under which they may be eligible for free transport and the consequences of terminating their appointment or being discharged under certain circumstances. The Act requires members to ensure that their transport and removal of household effects occur within the specified timeframe to be eligible for the benefits. Members must also be aware of the ineligibility for benefits if their appointment is terminated or discharge is effected at their own request, or due to misconduct or medical unfitness resulting from misconduct. Breaches of the provisions in the statutory rule could lead to civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the legislative instrument itself. However, it is likely that any failure to comply with the conditions for eligibility or the timeframe for transport could result in the denial of benefits. The maximum penalties, if any, would be determined by the broader legislative framework under which the Defence Act 1903-1934 operates, and could potentially include fines or other sanctions for non-compliance with military regulations.