STATUTORY RULES.
1936. No. 75.
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REGULATION 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 Regulation under the Defence Act 1903-1934.
Dated this third day of June, 1936.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
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Amendment of Military Financial Regulations,†
Regulation 41 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—
Australian Army Ordnance Corps.
“41. (i). The annual rates of pay and of incremental advancement by subdivisions for the Australian Army Ordnance Corps (Workshop Section) shall be :—
Rank and Appointment. | Subdivisions. | Increments. |
1. | 2. | 3. | 4. | 5. |
| £ | £ | £ | £ | £ | |
Warrant Officer, Class 1a | 378 | 391 | 404 | 417 | .. | Annual increments |
Warrant Officer, Class 1 | 326 | 339 | 352 | 365 | .. | Annual increments. Advancement to fourth subdivision shall be conditional on qualifying for promotion. A Warrant Officer, Class II., if in receipt of pay at the rate prescribed in the fourth subdivision for that rank, shall, on promotion to the rank of Warrant Officer, Class I., be advanced to the second subdivision; or, if in receipt of pay at the rate prescribed in the fifth subdivision, to the third subdivision. Provided in either case that the advancement shall not be made until he has completed twelve months’ service at the lower rate |
* 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 and 62.
2127.—12/13.5.1936.—Price 3d.
Rank and Appointment. | Subdivisions. | Increments. |
1. | 2. | 3. | 4. | 5. |
| £ | £ | £ | £ | £ | |
Warrant Officer, Class II. | 287 | 300 | 319 | 326 | 339 | Advancement to the second subdivision may be made after two years’ service on the first subdivision. Advancement to the third subdivision may be made after three years’ service on the second subdivision, but shall be conditional on qualifying for promotion for higher rank. Advancement to the fourth subdivision may be made after four years’ service on the third subdivision; advancement to the fifth subdivision may be made after five years’ service on the fourth subdivision |
Armament Staff Sergeant | 281 | .. | .. | .. | .. | |
Artisan.
Rank. | Grade 1. Rate of pay. | Grade 2. Rate of pay. |
| £ | £ |
Staff Sergeant..................... | 281 | .. |
Sergeant......................... | 269 | 238 |
Lance-Sergeant.................... | .. | 232 |
Corporal......................... | 260 | 225 |
Workshop Assistant.
Rank. | Rate of Pay. |
| £ |
Corporal........................... | 222 |
Lance-Corporal...................... | 217 |
Private............................ | 212 |
(ii). This regulation shall operate retrospectively to the extent that it would have operated if it had acquired the force of law on the first day of April, 1936.
(iii). The rates of pay prescribed by this regulation shall be subject to reduction by or under the Financial Emergency Act 1931-1935 in the same manner as they would have been so subject had this regulation been in force at the time of the commencement of that Act.”
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1936 No. 75, made under the Defence Act 1903-1934, addresses the need for updated financial regulations within the Australian Army Ordnance Corps. Enacted by the Governor-General in Council, this regulation aims to set specific rates of pay and incremental advancements for various ranks and appointments within the Ordnance Corps, ensuring fair and consistent remuneration based on service and qualifications. The policy objective is to maintain the efficiency and morale of the Defence force by providing clear and structured financial guidelines that are applicable retrospectively from April 1, 1936, while also considering the constraints imposed by the Financial Emergency Act 1931-1935.
Scope and Application
The statutory rules issued under the Defence Act 1903-1934 pertain specifically to the Military Financial Regulations, with a focus on the amendment of Regulation 41 concerning the Australian Army Ordnance Corps. This regulation applies to military personnel within the Workshop Section of the Australian Army Ordnance Corps, affecting their annual rates of pay and incremental advancement. The specified ranks and appointments range from Warrant Officer, Class 1, through Warrant Officer, Class 2, Armament Staff Sergeant, to lower enlisted ranks such as Artisan, Corporal, and Private. The geographic and jurisdictional reach of these regulations is nationwide, as they are made under the Commonwealth of Australia's authority. Notably, these regulations are designed to operate retrospectively, taking effect as if they had been in force from 1 April 1936, ensuring that personnel are compensated according to the new rates retroactively. Furthermore, the rates of pay established by these regulations are subject to reduction under the Financial Emergency Act 1931-1935, aligning with the broader financial strategies and constraints imposed during the period.
Key Provisions
The main operative sections of this regulation, which was made under the Defence Act 1903-1934, pertain to the amendment of the Military Financial Regulations (section 1). Specifically, Regulation 41 is repealed and replaced with new provisions for the Australian Army Ordnance Corps (Workshop Section). This includes detailed annual rates of pay and incremental advancement by subdivisions for various ranks, such as Warrant Officers, Class I and II, Armament Staff Sergeant, and Artisans (section 1(i)). The regulation also outlines the conditions for advancement between subdivisions based on years of service and qualifying for promotion (section 1(i)). Furthermore, the regulation specifies that it operates retrospectively from April 1, 1936 (section 1(ii)) and is subject to reduction by the Financial Emergency Act 1931-1935 (section 1(iii)).
The obligations imposed by this regulation on the parties it governs are primarily related to the financial remuneration and progression within the ranks of the Australian Army Ordnance Corps (Workshop Section). Members of the corps are entitled to specific rates of pay based on their rank and subdivision, as detailed in the regulation. Additionally, the regulation sets out the criteria for advancement between subdivisions, which is contingent on years of service and qualifying for promotion. Compliance with these financial terms and conditions of service is mandatory for all members of the corps.
Any breaches of the provisions outlined in this regulation may lead to civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the text provided. Typically, breaches of regulations governing military pay and conditions of service could result in disciplinary action, financial penalties, or other corrective measures as prescribed by the Defence Act 1903-1934 or other relevant legislation. The exact penalties would depend on the nature and severity of the breach, as well as any applicable military or civilian laws.