STATUTORY RULES.
1937. No. 113.
REGULATIONS 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 Regulations under the Defence Act 1903-1934.
Dated this Eighth day of December, 1937.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendments of the Military Financial Regulations.†
1. Regulation 19 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—
Increments—antedating of.
“19. Where a prescribed condition for the payment of any increment is the passing of an examination for promotion to higher rank, or the qualifying at any test, or the obtaining of any certificate, and an opportunity is not afforded to an officer or soldier of fulfilling that prescribed condition before the date on which he is otherwise eligible, the increment (though not payable until the condition be fulfilled) shall, when approved, be antedated to the date on which the officer or soldier was otherwise eligible:
Provided that—
(a) the prescribed condition is fulfilled on the first opportunity afforded; and
(b) the Military Board may, in the case of an officer or soldier who proceeds abroad on duty, waive any prescribed condition mentioned in this regulation, but, notwithstanding any such waiver, no further increment shall be paid after the return to Australia of the officer or soldier until the prescribed condition be fulfilled.”
Warrant Officers, A.I.C.
2. Regulation 35 of the Military Financial Regulations is amended by omitting the proviso to sub-regulation (ii).
* 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, 42, 71, 76 and 96.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5323.—25/27.9.1937.—Price 3d.
Overview
Statutory Rules 1937 No. 113, made under the Defence Act 1903-1934, was enacted to amend the Military Financial Regulations, addressing issues related to the financial management and increments within the military structure. The regulations were made by the Governor-General in Council, reflecting the need to ensure fair and timely payment of increments to military personnel. The policy objective of these regulations is to provide clarity and consistency in the payment of increments to officers and soldiers, ensuring that they receive their due financial benefits as per the prescribed conditions, while also allowing for flexibility in certain circumstances such as overseas duty.
Scope and Application
The Statutory Rules 1937, No. 113, Regulations under the Defence Act 1903-1934, pertains specifically to amendments in the Military Financial Regulations, impacting officers and soldiers within the defence force. These regulations apply to members of the military who are subject to financial increments contingent on their fulfilling certain conditions such as passing examinations for promotion, qualifying at tests, or obtaining certificates. The provisions also extend to officers or soldiers who are on duty abroad, allowing for the potential waiver of certain conditions by the Military Board. However, any increments paid under such waivers cease upon their return to Australia until the requisite conditions are fulfilled. The regulations operate within the Commonwealth of Australia, reflecting the national jurisdiction of the Defence Act and its associated financial regulations. While the regulations primarily govern financial increments and their antedating, they do not explicitly state any exclusions or thresholds, but they do provide mechanisms for exceptions in specific circumstances such as overseas duty. The regulations are part of a broader legislative framework that may be further extended or restricted by subordinate instruments as necessary.
Key Provisions
The key provisions of this statutory instrument revolve around adjustments to the Military Financial Regulations, specifically focusing on increments and warrant officers. Regulation 19 of the Military Financial Regulations has been repealed and replaced, stipulating that if an officer or soldier is eligible for an increment but is unable to fulfil a prescribed condition (such as passing an examination or obtaining a certificate) before their eligibility date, the increment may be antedated to the date of eligibility, provided the condition is met on the first opportunity. An exception exists for officers or soldiers proceeding abroad on duty, where the Military Board can waive the prescribed condition, though no further increments will be paid until the condition is fulfilled upon their return to Australia (Regulation 19). Additionally, Regulation 35 has been amended by removing the proviso to sub-regulation (ii), which likely alters the terms or conditions related to warrant officers, though the exact changes are not detailed in this excerpt.
These amendments impose specific obligations on military officers and soldiers concerning the timing and conditions of increment payments. Officers and soldiers must ensure they meet prescribed conditions for increments on the first available opportunity after their eligibility date, or face potential delays in receiving their increments. The Military Board has discretion in waiving conditions for those proceeding abroad on duty, but this does not extend to future increments post-return to Australia unless the condition is met. The regulations also necessitate that any antedated increments must be approved, adding a layer of administrative oversight.
Violations of these regulations could lead to administrative penalties or delays in the payment of increments. For instance, failing to meet the prescribed conditions on the first opportunity could result in the increment not being antedated or paid until the condition is fulfilled. Although specific penalties are not outlined in this excerpt, non-compliance with military financial regulations generally could lead to disciplinary action or other administrative consequences within the Defence Act framework. The precise penalties would be determined by the military disciplinary process, which may include fines, demotion, or other disciplinary measures.