Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1938 No. 76, made under the Defence Act 1903-1934, were introduced to amend certain regulations related to military financial matters, specifically the Military Financial Regulations. Enacted by the Administrator of the Government of the Commonwealth of Australia with the advice of the Federal Executive Council, these regulations aim to update and clarify provisions concerning allowances and pay rates for military personnel. One of the primary changes introduced by these regulations is the adjustment of criteria for partial reimbursement of fares for members of the Permanent Forces stationed in specific localities, as well as modifications to the pay rates for certain militia staff officers and the allowance of payments for officers on the Unattached List or the Reserve of Officers attending courses or instruction.

Scope and Application

The Regulations under the Defence Act 1903-1934, made on the 28th of July 1938, apply specifically to members of the Australian Defence Force, including those in the Permanent Forces and the Militia Forces, as well as officers on the Unattached List or the Reserve of Officers. These regulations govern financial matters such as allowances and rates of pay, with adjustments to reimbursement of fares for members stationed in remote localities, alterations to the rates of pay for specific militia staff officers, and provisions for allowances for officers attending courses of instruction. The scope of the regulations is national, extending across all states and territories within Australia, thereby ensuring uniform application of financial policies and entitlements across the Defence Force. The regulations do not explicitly state any exclusions or thresholds but are subject to amendments through subordinate instruments which can extend or restrict their application.

Key Provisions

The Regulations under the Defence Act 1903-1934, published as Statutory Rules 1938 No. 76, introduce several amendments to the Military Financial Regulations. Firstly, Regulation 53 is amended to redefine the eligibility criteria for partial reimbursement of fares for members of the Permanent Forces on leave (Regulation 1(a)). This change specifies that reimbursement is now contingent on the members being stationed in localities included in a determination made by the Military Board under sub-regulation (2.) of regulation 469 of the Australian Military Regulations. Secondly, Regulation 132 is altered to adjust the appointments eligible for specific rates of pay (Regulation 2). Certain appointments such as General Staff Officer, 2nd Grade, Deputy Assistant Adjutant-General, Deputy Assistant Quartermaster-General, Assistant Director of Supplies, and Assistant Director of Transport (Mechanical Transport) are omitted, while the appointment of Brigade Machine Gun Officer is added. Lastly, Regulation 150 is amended to allow officers on the Unattached List or of the Reserve of Officers, who have received approval to attend a school or course of instruction under sub-regulation (2a.) of regulation 116 or regulation 121a of the Australian Military Regulations, to be paid allowances in accordance with Part XXI of these Regulations (Regulation 3). These amendments impose specific obligations on the parties involved. Members of the Permanent Forces must ensure their leave originates from a locality included in a determination by the Military Board to be eligible for fare reimbursement. Similarly, officers on the Unattached List or of the Reserve of Officers must secure approval from the relevant authorities before attending any course or instruction to qualify for the associated allowances. The Military Board is tasked with making determinations regarding eligible localities for fare reimbursement, while the relevant authorities are responsible for approving officers' attendance at educational institutions. The Regulations do not explicitly state any offences, penalties, or consequences for breaches. However, non-compliance with the specified conditions for fare reimbursement or allowances may lead to denial of the respective benefits. For instance, members of the Permanent Forces not adhering to the locality determinations may not receive fare reimbursement, and officers on the Unattached List or of the Reserve of Officers without the necessary approvals may not be entitled to allowances.