STATUTORY RULES.
1938. No. 122.
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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 Regulation under the Defence Act 1903-1934.
Dated this twenty first day of December, 1938.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
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Amendment of the Military Financial Regulations.†
Regulation 154 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—
Specialists’ pay.
“154. (i) Subject to this regulation, specialists’ pay of £2 per annum may be paid to each soldier below the rank of corporal or bombardier who—
(a) qualifies as a specialist in accordance with the conditions approved by the Military Board; and
(b) is borne on the authorized establishment of a unit as a specialist.
(ii) Specialists’ pay shall be paid on the last day of each camp of continuous training: Provided that a soldier shall not draw specialists’ pay more than once in any financial year.
(iii) A soldier shall not be eligible for specialists’ pay unless he—
(a) qualifies as a specialist within the period of twelve months immediately preceding the camp of continuous training at which specialists’ pay is payable; and
(b) attends that camp for its full period and performs thereat the duties of a specialist.”.
* Notified in the Commonwealth Gazette on , 1938.
† 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; and 1938, Nos. 11, 15, 45, 70, 89, 96 and 98.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6468.—25/1.12.1938.—Price 3d.
Overview
The Statutory Rules 1938, No. 122, made under the Defence Act 1903-1934, addresses the need for a formal regulation concerning specialists’ pay within the military financial framework. Enacted by the Governor-General in Council, these regulations aimed to provide a structured financial incentive for non-commissioned military personnel who qualify as specialists. The overarching objective is to recognise and reward the specialised skills and training of these individuals, ensuring they are adequately compensated for their unique contributions to the Defence Force. The policy objective embedded in these regulations is to maintain the efficiency and effectiveness of the military by encouraging the development and retention of specialist skills among enlisted personnel.
Scope and Application
The Regulations under the Defence Act 1903-1934 pertain to the financial aspects of military personnel, specifically addressing the pay of specialists within the Australian Defence Force. This legislative instrument applies to soldiers below the rank of corporal or bombardier who have qualified as specialists in accordance with the criteria approved by the Military Board and are part of the authorised establishment of a unit. The regulations detail the conditions under which specialists’ pay of £2 per annum can be awarded, including the requirement that such pay be given at the conclusion of each camp of continuous training, with the restriction that it is payable only once per financial year. Furthermore, a soldier must qualify as a specialist within the preceding twelve months and must attend the full duration of the camp to perform specialist duties to be eligible for this pay. The regulation operates within the jurisdiction of the Commonwealth of Australia and is subject to amendment through subordinate instruments, ensuring its applicability and relevance are maintained in line with evolving military needs and conditions.
Key Provisions
The statutory rules, numbered 1938 No. 122, provide for amendments to the Military Financial Regulations under the Defence Act 1903-1934. Specifically, Regulation 154, concerning specialists’ pay, has been repealed and replaced with a new regulation (154(i)). This regulation allows for a specialists’ pay of £2 per annum to be awarded to soldiers below the rank of corporal or bombardier who qualify as specialists under conditions approved by the Military Board and are listed on the authorised establishment of a unit as specialists (154(i)(a) and (b)). The pay is to be disbursed at the end of each continuous training camp, with a condition that it can only be drawn once per financial year (154(ii)). Additionally, soldiers must qualify as specialists within the twelve months preceding the camp and must attend the full duration of the camp and perform specialist duties to be eligible for this pay (154(iii)(a) and (b)).
Under these regulations, the primary obligations for parties, specifically soldiers, include the requirement to meet the qualification criteria as approved by the Military Board to be recognised as a specialist. They must also ensure attendance at the full duration of any continuous training camp and perform their duties as a specialist to remain eligible for specialists’ pay. The regulations also impose a temporal requirement that qualification must occur within the twelve months immediately preceding the camp for which pay is being claimed.
The statutory rules do not explicitly mention any offences, penalties, or consequences for breaches of these regulations. However, given the context of the Defence Act and the importance of maintaining the integrity of military financial systems, it is likely that breaches could result in disciplinary action or other administrative consequences as per the Defence Force Discipline Rules. There are no specific maximum penalties mentioned within the text of these regulations themselves, but breaches could potentially lead to more severe penalties if they fall under broader military or criminal law provisions.