STATUTORY RULES.
1936. No. 32.
––––––
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 eighteenth day of March, 1936.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Military Financial Regulations.†
Officers, Australian Army Ordnance Corps.
1. Regulation 33 of the Military Financial Regulations is amended by omitting the words “Chief Ordnance Mechanical Engineer” and inserting in their stead the words “Ordnance Mechanical Engineer, 1st class”.
Officers provisionally appointed.
2. Regulation 149 of the Military Financial Regulations is amended by omitting the words “From that date if it occurs within the current financial year (failing which it shall begin on the first day of the current financial year) he shall be eligible for the pay of the higher rank after notification of the confirmation of his provisional rank has appeared in the Gazette” and inserting in their stead the words “Upon notification in the Gazette of the confirmation of his provisional rank he shall be eligible for the pay of that rank with effect from the date (inclusive) upon which he passed that final examination.”
Travelling allowance.
3. Regulation 197 of the Military Financial Regulations is amended by omitting the figures “203” and inserting in their stead the figures “65”.
4. Regulation 203 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—
Per capita allowance.
“203 (i) When a course or class for all ranks is carried out by a unit either in camp or bivouac, the normal ration entitlement shall not be applicable, but expenditure at a rate not exceeding 2s. per diem for each member attending the course or class may, provided funds are available, be approved by the formation, &c., commander, to cover all services except those which the Military Board may authorize to be provided in addition.
* Notified in the Commonwealth Gazette on , 1936.
† Statutory Rules 1935, No. 83, as amended by Statutory Rules, 1935, Nos. 102 and 123; and 1936, No. 1.
378.—12/26.2.1936.—Price 3d.
(ii) A member of a detachment of senior cadets affiliated with a militia unit shall be deemed to be a member of that unit for the purposes of this regulation.
(iii) When horses are required at a course or class to which this regulation applies, forage shall be provided in accordance with regulation 232 and shall not be a charge against the allowance authorized by sub-regulation (i) of this regulation.
(iv) Allowances not mentioned in this regulation shall not be applicable to a course or class to which this regulation applies.”
Allowance at schools in addition to ration scale.
5. Regulation 212 of the Military Financial Regulations is amended by omitting the figures “196” and inserting in their stead the figures “198”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1936 No. 32, issued under the Defence Act 1903-1934, were enacted to amend the Military Financial Regulations and address certain administrative and financial matters within the Australian military. These regulations were introduced to streamline and update specific financial provisions and allowances, ensuring that they align with current practices and requirements. The regulations were made by the Governor-General in Council, with the intent to enhance the efficiency and fairness of military financial administration. The primary objective was to make necessary adjustments to pay scales, allowances, and allowances for specific courses and classes to ensure they are reflective of current standards and practices.
Scope and Application
The Statutory Rules 1936, No. 32, made under the Defence Act 1903-1934, focus on amending the Military Financial Regulations to address various administrative and financial matters within the Australian Army, specifically concerning the Ordnance Corps. These regulations apply to officers within the Australian Army Ordnance Corps and those provisionally appointed, affecting their pay and allowances. The regulations also extend to members of detachments of senior cadets affiliated with militia units and cover various financial allowances related to courses, classes, and per capita expenditures in military camps or bivouacs. These amendments aim to refine the financial management and operational allowances for military personnel, ensuring that funds are allocated efficiently and appropriately during training and other military activities. The application of these regulations is nationwide, as they are issued under Commonwealth authority and pertain to the national defence framework. The scope of these regulations is limited to financial and administrative adjustments within the specified military corps and does not extend to broader defence policies or operational directives.
Key Provisions
The Statutory Rules of 1936, No. 32, made under the Defence Act 1903-1934, primarily focus on amending the Military Financial Regulations (section 1). The key changes include the modification of Regulation 33, which updates the title "Chief Ordnance Mechanical Engineer" to "Ordnance Mechanical Engineer, 1st class" (section 1). Another significant amendment is found in Regulation 149, which alters the criteria for pay eligibility of provisionally appointed officers. Now, an officer is eligible for the pay of a higher rank from the date they passed their final examination, following the notification of their provisional rank confirmation in the Gazette (section 2). Additionally, Regulation 197 reduces the travelling allowance figures from "203" to "65" (section 3). Regulation 203 is repealed and replaced with new provisions for per capita allowance during courses or classes for all ranks, allowing for an allowance of up to 2s. per diem for each member attending, subject to fund availability and certain exceptions (section 4). Finally, Regulation 212 is amended to change the figures from "196" to "198" (section 5).
The obligations imposed by these regulations on the relevant parties include updating job titles to reflect accurate ranks, ensuring that officers' pay reflects their confirmed provisional rank from the date of their final examination, and managing financial allowances during training courses or classes. The regulations also mandate that forage for horses at such events should not be charged against the allowance authorized.
Violations of these regulations could result in administrative or financial discrepancies, as the precise financial allowances and rank titles are clearly stipulated. However, the document does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach. It is assumed that breaches would be managed under the overarching Defence Act 1903-1934 or other applicable military laws, which might include disciplinary actions or financial restitution. The absence of explicit penalties in the regulations suggests that compliance is crucial to maintaining orderly and efficient military operations.