Military Financial Regulations (Amendment)

Legislation au C1940L00039 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. 39.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 1903-1939.

Dated this Twenty Eighth day of February, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Military Financial Regulations.

Definitions.

1. Regulation 3 of the Military Financial Regulations is amended by omitting from the definition of “Secretary” the word “Defence” and inserting in its stead the words “the Army”.

2. Regulation 27 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Variations in cost of living.

27. (i) For the purposes of this regulation the term ‘index number’ means the weighted average retail price index number for the six State capital cities of the Commonwealth, as shown in the ‘Court’ series of retail price index numbers published from time to time by, or at the direction of, the Commonwealth Court of Conciliation and Arbitration.

(ii) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 79.4, the annual rates of pay payable to members of the Permanent Military Forces in pursuance of regulations 28, 29 and 31 to 42 (both inclusive) of these Regulations shall, as from the commencement of the first pay-period beginning in the month of July or

 

* Notified in the Commonwealth Gazette on , 1940.

† 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; 1938, Nos. 11, 15, 45, 76, 89, 96, 98 and 122; and 1939, Nos. 82, 132, 133, 135 and 159.

219.—30/22.1.1940.—Price 3d.


the month of January (as the case may be) next following, he reduced by the appropriate amount shown in the following Table opposite the index number group within which the said index number falls:—

Index Number Groups.

Amount of Decrease in Pay.

Members of the Permanent Military Forces (other than Workshop Apprentices).

Workshop Apprentices.

 

£

£.

s.

d.

77.1-79.3..............

3

1

10

0

74.8-77.0..............

9

4

10

0

72.5-74.7..............

15

7

10

0

70.2-72.4..............

21

10

10

0

67.9-70.1..............

27

13

10

0

65.6-67.8..............

33

16

10

0

63.3.65.5..............

39

19

10

0

61.0-63.2..............

45

22

10

0

(iii) If the index number falls below 61.0 the annual rates of pay of members of the Permanent Military Forces shall be further reduced on the basis indicated in the last preceding sub-regulation, that is to say, for each fall of 2.3 points in the index number rates of pay shall be reduced by £6 per annum in the case of members of the Permanent Military Forces (other than workshop apprentices), and £3 per annum in the case of workshop apprentices.

(iv) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year exceeds 79.3, the annual rates of pay payable to members of the Permanent Military Forces in pursuance of regulations 28, 29 and 31 to 42 (both inclusive) of these Regulations shall, as from the commencement of the first pay-period beginning in the month of July or the month of January (as the case may be) next following, be increased by the appropriate amount shown in the following Table opposite the index number group within which the said index number falls:

Index Number Groups.

Amount of Increase in Pay.

Members of the Permanent Military Forces (other than Workshop Apprentices).

Workshop Apprentices.

 

£

£

s.

d.

79.4-81.6..............

3

1

10

0

81.7-83.9..............

9

4

10

0

84.0-86.2..............

15

7

10

0

86.3-88.5..............

21

10

10

0

88.6-90.8..............

27

13

10

0

90.9-93.1..............

33

16

10

0

93.2-95.4..............

39

19

10

0

95.5-97.7..............

45

22

10

0

(v) If the index number rises above 97.7 the annual rates of pay of members of the Permanent Military Forces shall be further increased


on the basis indicated in the last preceding sub-regulation, that is to say, for every rise of 2.3 points in the index number rates of pay shall be increased by £6 per annum in the case of members of the Permanent Military Forces (other than workshop apprentices), and £3 per annum in the case of workshop apprentices.

(vi) The amount of £16 per annum in the case of members of the Permanent Military Forces (other than workshop apprentices) and £8 per annum in the case of workshop apprentices shall be added to the annual rates of pay payable in pursuance of regulations 28, 29 and 31 to 42 (both inclusive) of these Regulations after variation has been made in accordance with the foregoing provisions of this regulation.

(vii) The amounts referred to in sub-regulation (vi) of this regulation shall be deemed for all purposes to be pay.”.

Australian Army Ordnance Corps.

3. Regulation 41 of the Military Financial Regulations is amended by adding at the end thereof the following Table:—

“Workshop Apprentice.

Year of Service.

Rate of Pay.

Remarks.

 

£

After completion of one year’s service and subject to passing the annual technical course examination and to the approval of the Formation, &c., Commander, upon production to him, when required, of satisfactory reports as to ability, progress and general conduct and also as to regular attendance at a technical school, the rate of pay specified in this Table may be increased by an additional £6 10s. per annum.”

1st......

52

2nd......

65

3rd......

90

4th......

140

5th......

185

 

 

4. After Regulation 62 of the Military Financial Regulations the following sub-heading and regulation are inserted:—

Australian Army Ordnance Corps (Workshop Section).

Courses of instruction for workshop apprentices.

62a. (i) A workshop apprentice shall be required to undertake an approved trade course of instruction at a technical school.

(ii) A workshop apprentice shall pay the fees for his trade course, but the total amount involved may be refunded to him at the conclusion of each school term, if his attendance and progress have been satisfactory during the term.

(iii) A workshop apprentice may be paid from time to time sums equivalent to the sums which he necessarily expends on fares in travelling from his residence to the technical school for the purpose of attending, in accordance with sub-regulation (i) of this regulation, a course of instruction:

Provided that on any occasion when he travels from his residence to the technical school when otherwise he would have proceeded to his usual head-quarters, he shall be paid only such sum as is equivalent to the amount of additional expense (if any) involved by his travelling to the technical school.”.


Rates.

5. Regulation 65 of the Military Financial Regulations is amended by omitting, from the Table in sub-regulation (i), the words and figures—

“Captain

 

17

0

14

6

63

0

40

0

50

0

35

0

Lieutenant

Quartermaster

16

0

13

6

56

0

37

6

47

0

32

6”

and inserting in their stead the words and figures—

“Captain

Quartermaster

17

0

14

6

63

0

40

0

50

0

35

0

Lieutenant

 

16

0

13

6

56

0

37

6

47

0

32

6”.

Messing and quarters.

6. Regulation 198 of the Military Financial Regulations is amended by omitting sub-regulation (vii) and inserting in its stead the following sub-regulation:—

“(vii) Members of the Permanent Forces, except married members of the staff of a school or course of instruction who are required to live at the place where the school or course is conducted and for whom married quarters at that place are not provided, shall be liable to the deductions prescribed in sub-regulation (i) of regulation 44 of these Regulations.”.

 

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

Overview

The Statutory Rules of 1940, No. 39, represents regulations enacted under the Defence Act 1903-1939 by the Governor-General in Council, aimed at modifying the Military Financial Regulations to adapt to changing economic conditions. These regulations were introduced to address the need for adjustments in the financial remuneration of members of the Permanent Military Forces based on variations in the cost of living, as measured by the retail price index. The policy objective was to ensure that the pay of military personnel could be adjusted in accordance with economic indicators, thereby maintaining the real value of their income. The enacting body was the Federal Executive Council, acting under the authority vested in the Defence Act 1903-1939. These regulations involved several amendments and insertions, including changes to definitions, the establishment of new pay scales based on cost of living indices, modifications to rates of pay for workshop apprentices, and the introduction of specific courses of instruction for these apprentices. Additionally, there were alterations to the rates of pay for various ranks within the military and adjustments to the mess and quarters regulations to reflect the changing circumstances of military personnel. The enactment aimed to ensure the military financial system remained fair and responsive to economic changes.

Scope and Application

The Statutory Rules 1940, No. 39, made under the Defence Act 1903-1939, pertain specifically to the Military Financial Regulations, focusing on the financial provisions for members of the Australian Army. These regulations apply to members of the Permanent Military Forces, including workshop apprentices, and dictate adjustments to their pay based on the weighted average retail price index number for the six State capital cities of the Commonwealth. This adjustment mechanism ensures that the purchasing power of military personnel's salaries is aligned with the cost of living, as determined by the Commonwealth Court of Conciliation and Arbitration. The regulations also include provisions for the payment of fees for trade courses and allowances for travel expenses to technical schools for workshop apprentices. Additionally, the regulations establish rates of pay for workshop apprentices based on their years of service, subject to satisfactory performance and attendance at technical courses. The financial adjustments and allowances are subject to specific index number thresholds, ensuring that pay rates are modified in response to economic conditions. These regulations have a Commonwealth jurisdictional reach and are applicable nationwide, affecting the financial status of military personnel across Australia.

Key Provisions

The main operative sections of these Regulations involve amendments to the Military Financial Regulations under the Defence Act 1903-1939. Specifically, Regulation 3 alters the definition of "Secretary" to refer to "the Army" instead of "Defence." Regulation 27 is repealed and replaced with a new regulation concerning variations in cost of living, which affects the annual rates of pay for members of the Permanent Military Forces. The regulation also introduces a table detailing index number groups and the corresponding adjustments to pay. Regulation 41 is amended to include a table for workshop apprentices detailing their rates of pay based on years of service. Additionally, a new sub-regulation, 62a, is inserted, detailing courses of instruction for workshop apprentices, including provisions for travel allowances. Regulation 65 adjusts the rates for various ranks, and Regulation 198 modifies the deductions for messing and quarters. These Regulations impose several obligations on the parties they govern. For instance, members of the Permanent Military Forces must adhere to the pay adjustments based on the index number for cost of living changes. Workshop apprentices must undertake approved trade courses of instruction at technical schools and may receive refunds for their course fees if they demonstrate satisfactory attendance and progress. Members of the Permanent Forces are subject to specific deductions for messing and quarters, with exceptions for married members of the staff of a school or course of instruction. Breaches of these Regulations may lead to civil or criminal consequences. While the specific penalties are not detailed within the text of these Regulations, under the Defence Act 1903-1939, breaches could result in penalties as prescribed by the Act or other relevant legislation. These could include fines or other forms of sanctions for non-compliance with the financial and service requirements outlined in the Regulations.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.