STATUTORY RULES.
1936. No. 144.
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 fourteenth day of October, 1936.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Military Financial Regulations. †
Australian Army Ordnance Corps.
1. Regulation 41 of the Military Financial Regulations is amended by omitting sub-regulation (ii).
2. Regulation 155 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—
Special duty pay—Cooks.
155. A soldier below the rank of corporal or bombardier who is borne as a cook upon the authorized establishment of a unit may be granted special duty pay at the rate of Two shillings for each day upon which he is actually engaged in cooking at a camp of continuous training, or school, or course of instruction, &c., provided that his commanding officer certifies that his duties have been efficiently performed, and provided also that he has either qualified at a course of cookery or has passed tests in cooking conducted by direction of the formation commander by an instructor qualified in cooking.
* Notified in the Commonwealth Gazette on , 1936.
† Statutory Rules 1935, No. 83, as amended by Statutory Rules 1935, Nos. 102 and 123; and 1936, Nos. 1, 32, 62, 75, 98, 111 and 122.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
4967.—20/15.9.1936.—Price 3d.
Overview
Statutory Rules 1936 No. 144, enacted under the Defence Act 1903–1934, was introduced to address specific financial and operational needs within the Australian Army Ordnance Corps. This legislative instrument was created by the Governor-General in Council, pursuant to the authority granted by the Defence Act, to amend and update the Military Financial Regulations. The policy objective of these regulations was to ensure that military personnel who perform special duties, such as cooks, are appropriately compensated for their additional responsibilities. By modifying the regulations, the government aimed to formalise the conditions under which special duty pay could be granted and to standardise the criteria for qualification and certification in cooking roles.
Scope and Application
The Statutory Rules 1936, No. 144 made under the Defence Act 1903-1934, outlines amendments to the Military Financial Regulations, particularly concerning the Australian Army Ordnance Corps. The Regulations apply to soldiers within the Australian military who hold the rank below corporal or bombardier and are assigned as cooks within the authorised establishment of a unit. The geographic reach of these regulations is nationwide, as they are established under the Commonwealth of Australia. The application of these regulations is specifically tailored to the financial and duty aspects of military personnel, focusing on those engaged in cooking duties during continuous training, schools, or courses of instruction. The regulations provide a specific financial incentive, special duty pay, to eligible cooks, contingent upon their performance and qualifications in cooking. The application and enforcement of these regulations may be further detailed or expanded through subordinate instruments as necessary.
Key Provisions
The statutory rules, numbered 1936. No. 144, are regulations made under the Defence Act 1903–1934. These regulations primarily amend the Military Financial Regulations (section 1). They make specific changes to the financial regulations governing the Australian Army Ordnance Corps. For instance, regulation 41 is altered by removing sub-regulation (ii), while regulation 155 is repealed and replaced with a new regulation. This new regulation pertains to special duty pay for cooks in the military. According to section 2, a soldier below the rank of corporal or bombardier who is designated as a cook on the authorised establishment of a unit may be granted special duty pay at a rate of two shillings per day when they are actively engaged in cooking duties at a camp, school, or course of instruction. This payment is contingent upon two conditions: the soldier's commanding officer must certify that their duties have been efficiently performed, and the soldier must either have qualified through a cookery course or have passed cooking tests administered by a qualified instructor as directed by the formation commander.
These regulations impose specific obligations on the parties they govern. For example, soldiers who qualify as cooks must meet the requirements set out in regulation 155 to be eligible for special duty pay. This involves not only being actively engaged in cooking duties but also ensuring that their performance is certified by their commanding officer as efficient. Additionally, cooks must either have completed a recognised cookery course or passed cooking tests to qualify for the special duty pay. These requirements ensure that only qualified and efficient cooks receive the additional financial compensation.
Failure to comply with these regulations may result in legal consequences. Although the specific penalties for non-compliance are not detailed in the provided text, breaches of military regulations typically carry both civil and criminal penalties under Australian law. For instance, in the military context, failure to perform duties efficiently or to meet qualification standards could lead to disciplinary action within the armed forces, which might include fines, demotion, or even dismissal. Additionally, if the breach of these regulations is considered serious enough, it might lead to criminal charges under relevant defence legislation, which could result in imprisonment, depending on the severity of the offence.