STATUTORY RULES.
1909. No. 122.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903–1904.
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 Regulation under the Defence Acts 1903–1904 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 26th day of October, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
JOSEPH COOK.
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendment.
Regulation 118 is cancelled and the following substituted:—
“Chaplains will be entitled to draw camp allowance as prescribed by the Financial and Allowance Regulations when detailed for duty at Camps of Training.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.13837—Price 3d.
Overview
The Statutory Rules 1909, No. 122, specifically the Provisional Regulations Under the Defence Acts 1903–1904, were enacted in 1909. These regulations were introduced to address the urgent need to provide financial support to chaplains who were detailed for duty at military training camps. The urgency of this matter was such that the regulations were designated as provisional and came into immediate effect to ensure that chaplains received their due allowances without delay.
The Provisional Regulations were issued by the Governor-General, His Excellency, acting on the advice of the Federal Executive Council, to swiftly respond to the identified gap in the financial provisions for chaplains in military service. The underlying policy objective was to provide necessary financial support to chaplains in their military duties, ensuring that they could perform their roles effectively. This legislative instrument was a critical step in ensuring that the support structures for military personnel were robust and timely, reflecting the Commonwealth's commitment to the welfare of its armed forces.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904 apply specifically to the military forces of the Commonwealth and are designed to provide immediate operational guidelines in light of the urgency declared by the Governor-General. These regulations pertain to the entitlements and allowances of chaplains who are detailed for duty at Camps of Training, as outlined in the Financial and Allowance Regulations. The regulation modifies existing provisions, cancelling Regulation 118 and substituting it with the specified allowance for chaplains, thus directly impacting personnel within the military structure. The reach of this legislation is confined to the Commonwealth, providing directives that are to be followed by military personnel under federal jurisdiction. No exclusions, exemptions, or thresholds are stated within this particular regulation, but it can be inferred that the provisions apply broadly to all chaplains detailed for duty at training camps. The Provisional Regulations are an immediate measure, subject to further amendments and refinements as the situation evolves or as additional subordinate instruments are promulgated.
Key Provisions
The key provision of the Statutory Rules 1909 No. 122 is the substitution of Regulation 118, which now allows chaplains to draw camp allowance as prescribed by the Financial and Allowance Regulations when they are detailed for duty at Camps of Training (Regulation 1). This replaces the previous arrangement and aims to ensure that chaplains are appropriately compensated for their service in training camps. The regulation is designed to provide clarity and fairness in the financial treatment of chaplains within the military forces of the Commonwealth.
Under this regulation, the obligations and requirements imposed on the parties involved are relatively straightforward. Chaplains who are detailed for duty at Camps of Training are now entitled to draw camp allowance according to the Financial and Allowance Regulations. This means that they must be eligible for such an allowance and that the Financial and Allowance Regulations must specify the terms and conditions under which this allowance can be claimed. The regulation ensures that chaplains receive proper financial support for their duties in training camps, aligning their compensation with that of other personnel in similar roles.
While the Statutory Rules 1909 No. 122 primarily address allowances and entitlements, there are no explicit offences, penalties, or consequences for breach mentioned in the text. The regulation’s focus is on clarifying and providing financial support for chaplains in training camps. However, it is important to note that any failure to comply with the Financial and Allowance Regulations, which govern the terms of the allowance, could potentially lead to administrative or disciplinary actions as per the overarching Defence Acts 1903–1904. The Defence Acts provide a framework for military operations and personnel conduct, including provisions for dealing with breaches of regulations and misconduct.
The Provisional Regulation, being an immediate operation, underscores the urgency and importance of ensuring that chaplains are fairly compensated for their service. The substitution of Regulation 118 aims to rectify any previous ambiguities and to provide clear guidelines for the allowance process. This regulation, in conjunction with the Financial and Allowance Regulations, forms part of the broader legislative framework supporting the operational needs of the Commonwealth's military forces.