STATUTORY RULES.
1913. No. 266.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 185—Amendment.
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 Act 1903–1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this eighth day of October, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
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REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
amendment.
Discharge.
In Regulation 185—
For—
“Provided that such payments may, for special reasons, be waived by the Commanding Officer subject to the approval of the District Commandant.”
Substitute—
“Provided that the amount of purchase money as above prescribed (but not including the unexpired value of uniform and kit) may, for special reasons, be waived by the Commanding Officer, subject to the approval of the District Commandant.”
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Printed and Published for the Government of the Commonwealth of Australia by ALBERT J. Mullett, Government Printer for the State of Victoria.
C.14087.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903–1912, specifically Statutory Rules 1913 No. 266, were introduced to address the immediate needs of the Commonwealth's military forces. Enacted by the Governor-General in Council, these regulations aimed to provide urgent amendments to existing military regulations, particularly concerning the financial aspects of military service. The urgency of these amendments was acknowledged by the expedited enactment process, allowing the regulations to come into immediate operation. The policy objective, as indicated in the text, was to ensure that the military forces could be managed effectively and responsively in times of need, particularly regarding the financial obligations of military personnel.
The legislative instrument focuses on modifying the conditions under which payments related to the purchase of uniforms and kit for military personnel could be waived. By amending Regulation 185, the regulations sought to clarify that only the purchase money, excluding the unexpired value of uniforms and kit, could be waived for special reasons, subject to the approval of the District Commandant. This amendment aimed to bring precision and clarity to the financial discharge processes within the military, ensuring that any exceptions were well-defined and appropriately authorised.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, specifically Regulation 185, apply to the Military Forces of the Commonwealth and pertain to the discharge of members from service. The regulation outlines conditions under which payments, particularly purchase money for uniforms and kit, may be waived. This waiver can occur for special reasons and requires the approval of the District Commandant. The regulation applies to all members of the military forces and their commanding officers within the Commonwealth of Australia. It does not explicitly state geographic or jurisdictional exclusions but implicitly applies to all military forces operating under the Defence Act within the Commonwealth. The regulation does not extend to civilian personnel or entities outside the military forces, and its application is limited to the conditions specified, such as the waiver of purchase money for uniforms and kit. Subordinate instruments may further refine or specify the application of these regulations, but the primary scope remains as outlined in the provisional regulations.
Key Provisions
The Provisional Regulations under the Defence Act 1903–1912, specifically Regulation 185, outline provisions regarding the discharge of military personnel and related payments (Reg 185). The main change introduced by the amendment concerns the waiver of certain payments due upon discharge. Under the amended Regulation 185, it is now specified that the amount of purchase money for items such as uniforms and kit, excluding the unexpired value of these items, may be waived by the Commanding Officer for special reasons, subject to the approval of the District Commandant (Reg 185 amended). This amendment provides a clearer framework for determining when such payments might be waived, potentially offering flexibility in certain discharge scenarios.
The obligations imposed by these regulations require Commanding Officers to assess the circumstances of each case individually to determine if special reasons exist that warrant the waiver of purchase money payments (Reg 185 amended). Upon such an assessment, the Commanding Officer must seek and obtain the approval of the District Commandant before any waiver is enacted. This dual-layer approval process ensures that decisions regarding the waiver of payments are carefully considered and authorised at an appropriate level of command (Reg 185 amended).
Failure to comply with the provisions of these regulations can lead to various consequences. While the legislation does not explicitly state offences, penalties, or specific civil or criminal consequences for breaches, non-compliance with the outlined procedures for waiving payments could potentially lead to disciplinary actions against the Commanding Officer or the District Commandant for improper approval of waivers. Furthermore, if such non-compliance results in financial losses to the Commonwealth, it could lead to restitution orders or other financial penalties imposed by the relevant authorities. The exact penalties would depend on the specific circumstances and the severity of the breach.