STATUTORY RULES.
1941. No. .
––––––
REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
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 1903-1941.
Dated this twenty first day of May, 1941.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
———
Amendments of the Military Financial Regulations.†
Mileage Allowances.
1. Regulation 77 of the Military Financial Regulations is amended by omitting sub-paragraph (iv) and inserting in its stead the following sub-paragraph:—
“(iv) For the purposes of sub-paragraphs (i) (b) and (ii) (b) of this regulation, Mileage Allowances shall be calculated at the following rates:—
Means of Conveyance. | Rate of Allowance. |
| For each mile up to 5,000 miles in any one year. | For each mile over 5,000 miles in any one year. |
d. | d. |
(a) Motor truck............................................. | 7 | 5 |
(b) Motor car over 12 horse-power— When used at schools and tactical exercises other than in camp......... | 7 | 5 |
When not so used....................................... | 6 | 4 |
(c) Motor car over 8 horse-power and not exceeding 12 horse-power— When used at schools and tactical exercises other than in camp....... | 6 | 4 |
When not so used..................................... | 5 | 3 |
(d) Motor car 8 horse-power or under— When used at schools and tactical exercises other than in camp.......... | 5½ | 3½ |
When not so used........................................ | 4½ | 2½ |
(e) Motor cycle with side car..................................... | 3 | 1½ |
(f) Motor cycle.............................................. | 1¾ | 1 |
| For each mile up to 20 miles in any one period of authorized use. | For each mile over 20 miles in any one period of authorized use. |
d. | d. |
(g) Other means of conveyance................................... | 3 | 1½ |
* Notified in the Commonwealth Gazette on , 1941.
† 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; 1939, Nos. 82, 132, 133, 135 and 159; 1940, Nos. 39, 68, 76, 204, 211, 253, and 1941, Nos. 13, 30, and 50.
2388.—16/16.4.1941.—Price 3d.
Overview
The Statutory Rules of 1941 No. 109, made under the Defence Act 1903-1941, address the need to adjust military financial regulations, specifically regarding mileage allowances for various means of conveyance. Enacted by the Governor-General in Council, these regulations were established to update the financial compensation provided for military personnel based on the type and usage of vehicles, ensuring fair remuneration aligned with the operational demands during wartime. This legislative instrument reflects the policy objective of maintaining adequate support and compensation for military personnel, thereby enhancing morale and operational efficiency.
These regulations were necessary to adapt the existing framework to the evolving circumstances of the Second World War, ensuring that the Australian Defence Force was adequately resourced and compensated. The detailed amendments to Regulation 77 of the Military Financial Regulations are designed to provide appropriate allowances for different types of vehicles and their usage, reflecting the changing needs of the military during this period.
Scope and Application
The Regulations under the Defence Act 1903-1941, specifically the amendments to the Military Financial Regulations, apply to the calculation of mileage allowances for various means of conveyance used by military personnel in the execution of their duties. These regulations are pertinent to military officers and personnel who utilise motor vehicles, motor cycles, and other means of transport in the course of their service, including during schools and tactical exercises. The scope of the regulations is nationwide as they are made under the Commonwealth authority. Notably, the regulations do not specify any exclusions or exemptions and apply uniformly to all qualifying personnel across the country. The rates for mileage allowances are clearly delineated based on the type of vehicle and the specific use, such as at schools and tactical exercises or otherwise. The application of these regulations is extended and further detailed through subordinate instruments, ensuring that all allowances are calculated in accordance with the specified rates.
Key Provisions
The primary operative sections of these regulations pertain to the amendment of Regulation 77 within the Military Financial Regulations, specifically relating to mileage allowances for various means of conveyance. Regulation 1(iv) outlines the new rates at which mileage allowances will be calculated, depending on the type of vehicle and its usage. For example, a motor truck is now to be compensated at a rate of 75 cents for each mile up to 5,000 miles in a year, while a motor car over 12 horse-power is compensated at 75 cents when used at schools and tactical exercises other than in camp, and 64 cents when not used for such exercises. The rates vary similarly for other types of vehicles, such as motor cars and motor cycles, with different rates applying based on whether the vehicle is used for specific exercises or not.
These regulations impose obligations on parties, such as the Defence Force, to adhere to the new mileage allowance rates when calculating reimbursements for authorised travel. The Defence Force must ensure that all mileage claims are processed according to the new rates outlined in Regulation 1(iv). This includes distinguishing between the different types of vehicles and their respective uses, and applying the correct rate accordingly. This obligation extends to ensuring that all personnel are informed of these changes and that they understand how to accurately claim mileage allowances.
Breaches of these regulations, or failure to comply with the new mileage allowance rates, may result in civil or criminal consequences. Although the specific penalties are not detailed in the text, it is reasonable to assume that non-compliance could lead to financial penalties or other legal repercussions, as is common in statutory frameworks that govern financial regulations within the Defence Force. The precise nature of these penalties would be determined by the Defence Act 1903-1941 and any other relevant legislation or regulations.