Military Financial Regulations (Amendment)

Legislation au C1936L00098 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1936. No. 98.

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REGULATION UNDER THE DEFENCE ACT 19031934.*

I, THE Deputy of 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 Twenty second day of July , 1936.

 

Deputy of the GovernorGeneral.

By His Excellency’s Command,

Minister of State for Defence.

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Amendment of Military Financial Regulations.

Child endowment eligibility.

1. Regulation 50 of the Military Financial Regulations is amended in subregulation (ii) by omitting paragraph (f) and inserting in its stead the following paragraph:—

“(f) The allowance shall not be reduced during any absence from duty on reduced pay, except that, if a member is granted furlough on half pay, payment of the allowance shall be made at half rates during the period on half pay. In the case of a member who is absent on sick leave without pay, payment of the allowance for which he would have been eligible but for his being on sick leave without pay, may be continued. During absence on leave without pay of any kind, other than sick leave, the allowance shall cease to operate.”

2. Regulation 53 of the Military Financial Regulations is repealed, and the following regulation inserted in its stead:—

Partial reimbursement of fares when on leave from District Allowance localities.

“53. (i) In the cases of members of the Permanent Forces stationed in localities classified for the purposes of District Allowances, partial reimbursement of fares paid by those members for themselves, their wives and families, when travelling on recreation leave or on furlough, may be approved by the formation, &c., commander, subject to the following conditions:—

(a) A married member whose family resides with him at his station may, provided his wife and children (if any), under the age of fourteen years, travel with him on his recreation leave or furlough, be granted:—

(i) in the case of an officer or warrant officer, Class 1a—an amount equal to the excess beyond £15 on first class return fares between his station and the nearest capital city or other destination of less distance.

 

* 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 and 75.

3409.—12/10.7.1936.—Price 3d.


(ii) in the case of a warrant officer, Class 1, or member of lower rank—an amount equal to the excess beyond £10 on second class return fares between his station and the nearest capital city or other destination of less distance.

(b) A married member travelling alone or an unmarried member journeying on recreation leave or furlough may be granted—

(i) in the case of an officer or warrant officer, Class 1a—an amount equal to the excess beyond £10 on first class return fares between his station and the nearest capital city or other destination of less distance.

(ii) in the case of a warrant officer, Class 1, or member of lower rank—an amount equal to the excess beyond £6 13s. 4d. on second class return fares between his station and the nearest capital city or other destination of less distance.

(c) A member who elects to travel, while on recreation leave or furlough, a greater distance than is represented by the distance between his station and the nearest capital city, may be granted the amount which would have been allowed him had he elected to travel only to the capital city.

(d) A member appointed or transferred to a locality classified for the purpose of District Allowance for a definite period of three years or less, shall not be granted partial reimbursement of fares under this regulation.

(e) Partial reimbursement of fares in accordance with this regulation shall not be granted to a member more than once in every three years.

(ii) Notwithstanding anything contained in this regulation, if a member, whose period of transfer to and service at a locality classified for the purposes of District Allowance is not less than three years, proceeds on recreation leave or furlough, the cost of fares to and from the capital city of the State in which he was stationed prior to such transfer, in excess of the amounts specified in subparagraphs (a) or (b) of subregulation (i) of this regulation, as the case may be, may be granted to him, subject to the approval of the Military Board, provided that the member returns at the expiration of his leave or furlough for a further period of duty at the locality from which his recreation leave or furlough commenced.

Specialists’ pay.

3. Regulation 154 of the Military Financial Regulations is amended by inserting next after paragraph (b) the following paragraph:—

“(c) To each qualified specialist of the field engineers below the rank of corporal in accordance with the numbers in the authorized establishments.”

D.F.O.’s powers re writing off.

4. Regulation 258 of the Military Financial Regulations is amended by inserting next after the word “officer” the words:—

“, with the concurrence of the formation, &c., commander concerned,”.

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

Overview

Statutory Rules 1936 No. 98, made under the Defence Act 1903-1934, were enacted to address various financial and administrative matters concerning the military. These regulations were issued by the Deputy of the Governor-General in and over the Commonwealth of Australia, with the advice of the Federal Executive Council, aiming to provide specific amendments and updates to the Military Financial Regulations. The policy objective of these regulations was to ensure that military personnel received fair and consistent financial support, including allowances and reimbursements for travel and specialists' pay, while maintaining the integrity and effectiveness of military financial management.

Scope and Application

The statutory instrument pertains to the Defence Act 1903-1934, specifically targeting the Military Financial Regulations through amendments and new regulations. This legislative instrument applies to members of the Permanent Forces, including officers, warrant officers, and enlisted personnel, as well as their families, who are stationed in localities classified for District Allowances. The geographic reach of this legislation is national, as it applies throughout the Commonwealth of Australia. It sets forth provisions for allowances, reimbursement of travel fares, and specialists' pay, while explicitly excluding members who have been transferred to a locality for a period of three years or less from certain fare reimbursements. The regulations can be further extended or restricted through subordinate instruments, though no such extensions or restrictions are specified in the provided text.

Key Provisions

The main operative sections of this legislation involve amendments to the Military Financial Regulations under the Defence Act 1903-1934. Specifically, Regulation 50 is amended to clarify the conditions under which child endowment allowances may be reduced or discontinued (section 1). Regulation 53 is repealed and replaced with new provisions regarding partial reimbursement of fares for members of the Permanent Forces who are on recreation leave or furlough (section 2). Additionally, Regulation 154 is amended to include qualified specialists of the field engineers below the rank of corporal in the list of those eligible for specialists’ pay (section 3). Finally, Regulation 258 is amended to require the concurrence of the formation, etc., commander for the writing off of certain debts by the Director of Finance and Ordnance (section 4). The obligations and requirements imposed by this legislation include ensuring that child endowment allowances are adjusted correctly based on a member’s pay status during absences from duty (section 1). For members on recreation leave or furlough, commanders must approve partial reimbursement of fares under specific conditions, such as the member's marital status and the duration of their posting (section 2). Additionally, qualified specialists of the field engineers below the rank of corporal must now be considered for specialists’ pay (section 3). Lastly, the Director of Finance and Ordnance must obtain the concurrence of the relevant commander before writing off certain debts (section 4). Failure to comply with the provisions of this legislation may result in several consequences. While the specific penalties are not detailed in the text, it is likely that breaches of these regulations could lead to disciplinary actions or financial penalties as prescribed by the Defence Act 1903-1934. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the applicable military law.

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