STATUTORY RULES.
1904. No. 80.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Defence Act 1903, should come into immediate operation, and make the Regulations to come into operation forthwith, as Provisional Regulations.
Dated this 13th day of December, One thousand nine hundred and four.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
J.W. McCAY.
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Amendment of the Regulations for the Military Forces of the Commonwealth, 1904.
Part V.
Cancel paragraphs 217 and 218, and substitute the following therefor:—
217. When either the amount of the loss or the cost of structural repairs exceeds £5, the matter will at once be reported to the District Commandant, and will be investigated by a Board to be composed, if possible, of officers not belonging to the unit or department concerned.
(a) If, after considering the finding of the Board, the District Commandant is of opinion that the loss is due to neglect of duty, or to any other offence under the Act or Regulations, he will, in the case of an officer, apply to Head-Quarters for instructions, or in other cases either convene a Court-Martial, or apply to Head-Quarters for authority to allow the individual responsible to pay the whole or part of the loss, instead of being tried by Court-Martial, or of being removed from his appointment, or from the Service.
(b) If the District Commandant is of opinion that the loss is not due to an offence under the Act or Regulations, but that no satisfactory explanation has been given, he will report to Head-Quarters whether he recommends that the individual responsible should be allowed to pay the whole or part of the loss, or be superseded in promotion, or removed from his appointment.
(c) If the District Commandant is of opinion that a satisfactory explanation has been given, he will approve of the stores being struck off, provided that the expenditure involved comes within the aggregate amount that is authorized to be incurred per month under paragraph 5 of the Financial and Allowance Regulations. If an expenditure be involved in excess of such aggregate amount, reference should be made, through the proper channel, to the Minister. The value of the stores struck off is to be shown in the monthly schedule of expenditure incurred by the District Commandant.
218. When neither the amount of the loss nor cost of structural repairs exceeds £5, the superior officer of the individual responsible will make a full inquiry into all the circumstances and report thereon to the District Commandant, who may, if he see fit, dispense with a Board.
All losses due to theft or fraud will be dealt with as prescribed in paragraph 217 for losses of over £5; but in other cases the District Commandant may if he sees fit, deal with the matter himself, allowing the individual responsible to pay the whole or part of the loss, or giving authority to strike it off. Should he deal with the case himself, a full statement of the circumstances, with his decision thereon, will be attached as a voucher to the account on which the loss arises.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
Overview
The Provisional Regulations under the Defence Act 1903, enacted in 1904, address the need for a structured approach to managing financial losses within the military forces. These regulations were issued on account of urgency, coming into immediate operation as certified by the Governor-General, with the advice of the Federal Executive Council. They aim to ensure that losses exceeding £5 are reported to the District Commandant and investigated by an impartial board, thus maintaining accountability and fairness in the handling of such incidents. The policy objective is to provide a clear protocol for the investigation and resolution of financial losses, ensuring that appropriate actions are taken depending on the circumstances, whether through disciplinary measures or financial compensation.
Scope and Application
The Provisional Regulations under the Defence Act 1903 apply to military personnel and officers within the Commonwealth of Australia, regulating the procedures for reporting, investigating, and resolving financial losses or structural repairs exceeding £5, as well as those losses due to theft or fraud. These regulations pertain specifically to the military forces of the Commonwealth, outlining the steps to be taken by the District Commandant when the monetary value of the loss or repairs surpasses the specified threshold. Conversely, when the amount is £5 or less, the superior officer of the individual responsible is tasked with conducting a full inquiry, which may bypass the need for a Board of investigation. The regulations are applicable across the Commonwealth, affecting all military units and departments. Any amendments or extensions of these regulations are to be made through subordinate instruments, allowing for the flexibility and urgency required in military administration.
Key Provisions
The operative sections of this legislation pertain to the handling of losses and structural repairs within the military forces. According to Section 217, if the amount of the loss or the cost of structural repairs exceeds £5, the matter must be reported to the District Commandant, who will then investigate it with a Board of officers not from the unit or department concerned. If the District Commandant finds that the loss is due to neglect of duty or another offence, they must apply to Head-Quarters for instructions or convene a Court-Martial, or decide whether the individual responsible should pay the loss or be removed from their position. If the loss is not due to an offence but lacks a satisfactory explanation, the District Commandant will report to Head-Quarters for recommendations on the individual's future. If a satisfactory explanation is provided and the expenditure is within authorised limits, the stores can be struck off, with the value recorded in the monthly expenditure schedule. Section 218 states that if the loss or repair cost does not exceed £5, the superior officer will conduct an inquiry and report to the District Commandant, who may choose to dispense with a Board. Theft or fraud cases are treated as per Section 217, but in other cases, the District Commandant may decide to handle the matter directly, allowing the responsible individual to pay the loss or giving authority to write it off, with a statement of the circumstances attached to the relevant account.
The Act imposes several obligations on the parties involved. The District Commandant must report any losses or repair costs exceeding £5 and ensure a Board investigates such matters. They must also make decisions based on the Board’s findings, applying appropriate disciplinary actions or allowing financial compensation where suitable. In cases where the loss or repair cost does not exceed £5, the superior officer must conduct a full inquiry and report to the District Commandant. The District Commandant retains the authority to decide on disciplinary actions or financial penalties in these instances. Additionally, the Act mandates that all losses due to theft or fraud must be dealt with as per the provisions for losses exceeding £5, ensuring consistent and strict handling of such serious incidents.
Violations or non-compliance with the Act can lead to various consequences. If an officer neglects their duties or commits an offence resulting in a loss over £5, they may face Court-Martial, removal from their appointment, or be required to pay the loss instead of facing a trial. If the District Commandant finds that a loss is not due to an offence but lacks a satisfactory explanation, they may recommend to Head-Quarters that the responsible individual be superseded in promotion or removed from their position. Failure to adhere to the authorised expenditure limits for striking off stores can result in the matter being referred to the Minister. These provisions ensure accountability and appropriate disciplinary measures for any breaches of the regulations.