STATUTORY RULES.
1910. No. 39.
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 to make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 27th day of April, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By his Excellency’s Command,
JOSEPH COOK.
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendments.
In Regulation 141 under heading—
“(2) non-commissioned officers”
For—
(Class IV.)
Read—
(Graded in 1st sub-division for pay.)
For—
(Class III.)
Read—
(Graded in 2nd and 3rd sub-divisions for pay.)
For—
(Class II.)
Read—
(Graded in 4th sub-division for pay.)
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.4925—Price 3d.
Overview
Statutory Rules 1910 No. 39, known as the Provisional Regulations under the Defence Acts 1903-1904, was enacted to provide immediate operational regulations for the Military Forces of the Commonwealth due to an urgent need. The Governor-General, with the advice of the Federal Executive Council, certified the regulations' immediate effect to address immediate operational requirements of the military forces. These provisional regulations amended existing rules concerning the classification and pay of non-commissioned officers, re-categorizing them into new pay grades. The urgency and necessity for these regulations highlight the need for flexibility and prompt action in military governance during that period. The policy objective is to ensure the smooth functioning and administration of the military forces in a time of urgency.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, certified by the Governor-General in Council, apply to the military forces of the Commonwealth and are designed to come into immediate effect due to their urgency. These regulations primarily concern amendments to the pay grades of non-commissioned officers, shifting their classification from Class IV, III, and II to specific subdivisions within the pay structure. This adjustment aims to bring clarity and order to the compensation system for these personnel. The regulations extend across the Commonwealth of Australia and are applicable to all military forces operating under the Defence Acts, encompassing all non-commissioned officers within the designated classes. The stated changes are confined to the reclassification of pay grades and do not alter the scope or jurisdiction of the Defence Acts themselves. As these regulations are provisional, they are subject to further amendments or revocations through subsequent legislative instruments.
Key Provisions
The main operative sections of the Statutory Rules 1910, No. 39, under the Defence Acts 1903-1904, include the amendment of Regulation 141 which pertains to the pay grades of non-commissioned officers. Specifically, this regulation changes the classifications of non-commissioned officers from Class IV to being graded in the 1st sub-division for pay, from Class III to being graded in the 2nd and 3rd sub-divisions for pay, and from Class II to being graded in the 4th sub-division for pay (Reg 141). These amendments ensure that the military remuneration system aligns with updated pay structures, reflecting the roles and responsibilities of non-commissioned officers more accurately.
The obligations imposed by these regulations primarily concern the military administration and the financial authorities responsible for implementing the pay changes. Military personnel affected by these changes must ensure they are compensated according to their new pay grades, while the financial authorities must adjust payroll systems to reflect these updated classifications. These obligations are crucial for maintaining fair and equitable remuneration practices within the military forces of the Commonwealth.
The Statutory Rules do not explicitly mention any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with these regulations could potentially lead to administrative or disciplinary actions within the military. Such actions may include review of the individual's pay records, formal investigations, or other internal military disciplinary measures to ensure adherence to the updated pay regulations.