Military Financial Regulations (Amendment)

Legislation au C1936L00001 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1936 No. 1.

––––––

REGULATIONS UNDER THE DEFENCE ACT 19031934.*

I, THE GOVERNORGENERAL 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 19031934.

Dated this Seventh

day of January     , 1936.

(Sgd.) ISAAC A. ISAACS.

GovernorGeneral.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendment of Military Financial Regulations.†

1. Regulation 32 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Officers Australian Survey Corps.

“32. The annual rates of pay and of incremental advancement by subdivisions for officers of the Australian Survey Corps shall be—

Rank.

Subdivision.

Remarks.

1.

2.

3.

4.

Major.......

628

654

680

..

Annual increments

Captain......

524

550

576

602

Annual increments

Lieutenant....

420

446

472

498

Annual increments. Promotion to the rank of Captain may be effected after four years’ service as a Lieutenant, subject to passing the prescribed examination and to the recommendation of the Chief of the General Staff.

The rates of pay prescribed by this regulation shall be subject to reduction by or under the Financial Emergency Act 19311935 in the same manner as they would have been so subject had this regulation been in force at the time of the commencement of that Act.”

2. Regulation 130 of the Military Financial Regulations is amended by omitting subparagraph (a).

3. Regulation 131 of the Military Financial Regulations is amended by omitting the words “One shilling” and inserting in their stead the words “One shilling and sixpence”.

 

* Notified in the Commonwealth Gazette on     , 1935.

† Statutory Rules 1935, No. 83, as amended by Statutory Rules, 1935, Nos. 102 and 123.

5789.—12/17.12.1935.—Price 3d.


4. After Regulation 183 of the Military Financial Regulations the following regulation is inserted:—

Allowances to Senior Cadet detachments at educational establishments.

“183a.—(i) Subject to provision being made by Parliament, and to the conditions prescribed in this regulation, allowances at the following rates may be paid annually to each Senior Cadet detachment at an educational establishment:—

(a) Ten shillings for each Senior Cadet (including a warrant or noncommissioned officer) on the authorized establishment of the detachment who is classified “efficient” on the 31st December of the financial year in respect of which the allowance is claimed and is so shown in the annual efficiency return furnished by the detachment; and

(b) Ten shillings for each Senior Cadet Officer and Senior Cadet (including a warrant or noncommissioned officer) on the authorized establishment of the detachment who attends, for not less than five days, a camp of the detachment which is held during the financial year in respect of which the allowance is claimed: Provided that where a Senior Cadet’s attendance at camp has been curtailed for illness or other substantial reason other than a disciplinary reason, the allowance may be paid on the approval of the formation, &c. commander.

(ii) The allowances prescribed by this regulation shall be paid to the Officer Commanding the detachment, and as soon as received by him shall be paid into a bank account in the name of the detachment. This account shall be kept distinct from any other bank account, and shall be operated on by the Officer Commanding the detachment as Signing Officer, and the Principal of the College or School (or a member of the College or School Staff nominated by him) as Countersigning Officer.

(iii) The allowances prescribed by this regulation shall be expended upon the following services only:—

(a) the provision and maintenance of uniform;

(b) the payment of the value of losses and damages to government stores for which the detachment is held to be responsible;

(c) expenses of cadet camps held by the detachment;

(d) such other services as may be approved by the Military Board.

(iv) The allowances shall be accounted for in such manner as may be prescribed by the Military Board.

(v) Upon the disbandment of a detachment, any portion of allowances received by that detachment which has not been expended upon approved services shall be repaid to the District Finance Officer and credited to revenue.

(vi) At the discretion of the Military Board, the total amount of allowances payable to a detachment in any financial year may be reduced by any portion of the unexpended balance of allowances paid to that detachment prior to the 30th June of the immediately preceding financial year.”


5. After Regulation 184 of the Military Financial Regulations the following regulation is inserted:—

Officers and N.C.O.’s of Senior Cadet detachments at educational establishments—attendance at courses.

“184a. Officers and selected noncommissioned officers of Senior Cadet detachments at educational establishments who are detailed to attend continuous courses of instruction may be granted:—

(i) transport to and from the course and meal allowance whilst so travelling on the same scale as prescribed in regulation 217;

(ii) tentage or quarters and subsistence whilst attending the course”

 

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

Overview

Statutory Rules 1936 No. 1, made under the Defence Act 1903-1934, was enacted to provide amendments to the Military Financial Regulations, particularly to address issues related to the financial remuneration and allowances for officers and cadets within the Australian Survey Corps and Senior Cadet detachments. The Regulations were made by the Governor-General in Council, under the authority granted by the Defence Act. The policy objective behind these amendments appears to be to ensure that the compensation and allowances for military personnel are fair, adequately reflect their service, and support their operational needs. The changes include adjustments to pay scales for officers in the Australian Survey Corps and the introduction of allowances for Senior Cadet detachments at educational establishments, intended to support cadet activities and expenses. The Regulations also include provisions for allowances to be paid to Senior Cadet detachments, contingent on parliamentary approval, and specify the conditions under which these allowances can be claimed and the purposes for which they can be used. Additionally, provisions were made for officers and selected non-commissioned officers of Senior Cadet detachments attending courses, granting them transport, meal allowances, and subsistence while attending these courses. These amendments aim to provide a more structured financial support system for military cadets and ensure that their activities are adequately funded.

Scope and Application

The Statutory Rules of 1936, numbered No. 1, comprise Regulations under the Defence Act 1903-1934, specifically amending the Military Financial Regulations. These regulations govern the financial aspects of officers within the Australian Survey Corps, detailing their pay rates, annual increments, and conditions for promotion. The regulations also introduce allowances for Senior Cadet detachments at educational establishments, including provisions for efficient cadets and those attending cadet camps, with strict guidelines on the use of these allowances for uniform, camp expenses, and other approved services. Additionally, the regulations provide allowances for officers and selected non-commissioned officers attending continuous courses of instruction, including transport, meal, tentage, or quarters, and subsistence allowances. These regulations apply to military personnel within the specified categories and are subject to the overarching Defence Act, which covers the Commonwealth of Australia. The financial provisions outlined are subject to reductions under the Financial Emergency Act 1931-1935 and require parliamentary provision for certain allowances.

Key Provisions

The Statutory Rules of 1936 No. 1, made under the Defence Act 1903–1934, contain several key provisions that amend and introduce new regulations under the Military Financial Regulations. Regulation 32 (1) sets the annual rates of pay and incremental advancement for officers of the Australian Survey Corps, specifying the pay rates for Majors, Captains, and Lieutenants, and detailing the conditions for promotion to Captain (section 1). Regulation 130 (2) removes a previously existing sub-paragraph (a), while Regulation 131 (3) adjusts a financial amount from "One shilling" to "One shilling and sixpence". A new Regulation 183a (4) introduces allowances for Senior Cadet detachments at educational establishments, detailing the payment of ten shillings for each "efficient" Cadet and Cadet Officer who attends a camp, subject to certain conditions and restrictions on the use of these funds. Regulation 184a (5) provides for the transport, meal allowances, tentage, and subsistence for officers and selected non-commissioned officers attending continuous courses of instruction. These regulations impose obligations on various parties, including the Chief of the General Staff for the recommendation of promotion to Captain, the Military Board for the approval of Cadet attendance at camps and the expenditure of allowances, and the Officer Commanding and Principal of the College or School for the management of Cadet funds. The regulations also require that any unexpended allowances be repaid to the District Finance Officer upon the disbandment of a detachment. Breaches of these regulations may result in civil or criminal consequences. For instance, the improper expenditure of Cadet funds could lead to financial penalties or disciplinary action against the responsible parties. The specific penalties for breaches are not detailed in the provided text, but under Australian law, penalties for financial mismanagement or fraud can include substantial fines and imprisonment terms, depending on the severity of the offence.

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