STATUTORY RULES.
1937. No. 71.
REGULATION UNDER THE DEFENCE ACT 1903-1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1934.
Dated this twenty third day of June, 1937.
Governor-General.
By His Excellency’s Command,
Acting Minister of State for Defence.
Amendment of Military Financial Regulations.†
Regulation 157 is repealed and the following regulation inserted in its stead:—
Hire of motor vehicles, motor cycles and bicycles.
“157. (i) Privately-owned motor vehicles, motor cycles or bicycles may be hired, under such terms of agreement as are approved by the Military Board, for purposes of authorized Militia training: Provided that the numbers of motor vehicles, motor cycles or bicycles which may be hired under this regulation shall not exceed, in respect of any parade, camp, school or course, the numbers shown in the authorized training establishment of the Militia unit concerned and that payment shall be at the rates and in accordance with the conditions prescribed in this regulation.
*Notified in the Commonwealth, Gazette on , 1937.
†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; and 1937, Nos. 1, 22, 29 and 42.
2235.—20/19.5.1937—Price 3d.
(ii) Payment for the hire of motor vehicles, motor cycles or bicycles shall be in accordance with the following scale:—
Type of Vehicle or Machine. | Daily rate for hire (per whole day).(a) | Mileage rate payable in addition to daily rate for hire— per mile.(b) | Conditions of Payment. |
| £ | s. | d. | d. | |
Commercial tractor.......... Lorry, 30-cwt. capacity or over Truck, over 15 cwt. and less than 30-cwt. capacity Light utility truck or van, up to 15-cwt. capacity Motor car................ Motor cycle with side car...... Motor cycle, solo........... Bicycle.................. | 1 1 0 0 0 0 0 0 | 5 5 14 10 10 5 5 2 | 0 0 0 0 0 0 0 0 | 8 8 5 4 4 1¼ 1 Nil | (a) The rate of hire payable for half-day or night parades shall be calculated on the same basis as prescribed for pay by Regulation 143; (b) The mileage rate shall be payable, in addition to daily rate for hire, for each mile travelled in proceeding to and from the place of assembly for training, and for each mile travelled while on duty at camps of continuous training, home trainings parades, or approved schools or courses of instruction |
(iii) The Commonwealth shall not be liable for the payment of any claim arising from damage sustained by a motor vehicle, motor cycle or bicycle during its use for the purposes of authorized training: Provided that, in exceptional circumstances, where a motor vehicle, motor cycle or bicycle is damaged while under military control, and where such damage is caused by an accident which occurs during and is directly attributable to military operations, the Military Board may approve of the payment of such amount as, in the opinion of the Military Board, is reasonably necessary to enable repairs to be effected.
(iv) Free issues of petrol or lubricants shall not be made in respect of the use of a hired motor vehicle or motor cycle.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1937 No. 71, made under the Defence Act 1903-1934, was introduced by the Governor-General in Council to address the need for clear regulations governing the hiring of privately-owned motor vehicles, motor cycles, and bicycles for authorized militia training. This legislative instrument, enacted to amend the Military Financial Regulations, sets out detailed provisions for the hire rates and conditions of such vehicles, ensuring that the numbers hired do not exceed the authorized training establishment of the relevant militia unit. It further outlines the payment scale for the hire of these vehicles, the conditions under which mileage rates are payable, and clarifies the circumstances under which the Commonwealth may be liable for damage to hired vehicles during military operations. This regulation aims to provide a structured approach to the use of privately-owned vehicles for military training, ensuring fairness and accountability in the process.
Scope and Application
This statutory rule, made under the Defence Act 1903-1934, pertains to the hiring of privately-owned motor vehicles, motor cycles, and bicycles for authorized Militia training purposes. The regulation specifies that the number of vehicles, motor cycles, or bicycles that can be hired must not exceed the numbers shown in the authorized training establishment of the Militia unit involved, and that payments must be made at the prescribed rates and conditions. The regulation sets out a scale for daily hire rates and mileage rates, with conditions for half-day or night parades and exemptions for free issues of petrol or lubricants. The Commonwealth is not liable for claims arising from damage to hired vehicles during authorized training, except in exceptional circumstances where damage is directly attributable to military operations. The regulation applies to persons and entities involved in the hiring of vehicles for Militia training purposes within the Commonwealth.
Key Provisions
The primary operative sections of this legislation are found in Regulation 157, which outlines the terms and conditions under which privately-owned motor vehicles, motor cycles, and bicycles can be hired for authorised militia training. Section 157(i) stipulates that such vehicles can be hired under approved terms of agreement by the Military Board, with a limit on the number of vehicles based on the authorised training establishment of the relevant Militia unit. Payment for the hire of these vehicles is to be made at the rates and conditions specified in the regulation.
The obligations imposed by this Act on the parties involved are multifaceted. Firstly, it mandates that any hiring of motor vehicles, motor cycles, and bicycles for militia training must adhere to the terms approved by the Military Board (section 157(i)). The hiring must not exceed the numbers specified in the training establishment of the unit. Furthermore, the Act provides a specific payment scale for the hire of these vehicles, including daily rates and additional mileage rates (section 157(ii)). The regulation also specifies that the Commonwealth is not liable for damages incurred during the use of these vehicles for training purposes, except in cases where damage is directly attributable to military operations (section 157(iii)). Lastly, the Act prohibits the provision of free petrol or lubricants for hired vehicles (section 157(iv)).
In terms of consequences for breach, the legislation does not explicitly outline criminal or civil penalties for non-compliance with the specified terms and conditions. However, the regulation implies that failure to adhere to the prescribed payment rates or terms could potentially result in disputes or claims that may need to be resolved through appropriate legal channels. Additionally, if the Military Board decides to approve compensation for damages caused during military operations, non-compliance with this decision could lead to further legal complications. The regulation’s primary focus appears to be on ensuring that the hiring of vehicles for militia training is conducted in an orderly and financially accountable manner.