STATUTORY RULES.
1941. No. 10.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australian, acting with the advice of the Federal Executive council, hereby make the following Regulations under the National Security Act 1939-1940.
Dated this Twenty-third day of January 1941.
(Sgd.) Gowrie
Governor-General.
By His Excellency’s Command.
Acting Minister of State for Defence Co-ordination.
AMENDMENT OF NATIONAL SECURTY (MILITARY FORCES) REGULATIONS.†
After regulations 5 of the National Security (Military Forces) Regulations the following regulation is added:—
Deductions from pay of members of Military Forces for support of dependants.
6. (1.) The Minister of State for the Army or an authorised officer may make orders authorising the deduction from the pay of any member of the Military Forces of the Commonwealth of such reasonable sums as the Minister or the authorised officer thinks fit for the support of any person who, in the opinion of the Minister or the authorised officer, as the case may be, is wholly or partly dependent upon, or has a claim for maintenance against, the member, and payment of such sums to or for the benefit of any such person.
(2.) The following officers shall be authorised officers for the purpose of this regulation:—
(a) the Chief Accountant, A.I.F.
(b) the Chief Paymaster, A.I.F. and
(c) any District Finance Officer.
* Notified in the Commonwealth Gazette on 30th January, 1941.
† Statutory Rule 1941, No. 1.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1941, No. 10, which were made under the National Security Act 1939-1940, introduce specific regulations concerning the financial support of dependents of members of the Military Forces of the Commonwealth. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations aim to address the financial needs of individuals who are dependent on military personnel. The policy objective behind these regulations is to ensure that members of the Military Forces can support their dependents through deductions from their pay, thereby providing a structured method for fulfilling their maintenance obligations. The regulations empower the Minister of State for the Army or authorised officers to make orders for such deductions, specifying that the amounts deducted should be reasonable and intended for the benefit of dependents or those with claims for maintenance against the military member.
Scope and Application
The National Security (Military Forces) Regulations, established under the National Security Act 1939-1940, specifically target members of the Military Forces of the Commonwealth of Australia. This legislation applies to any individual serving in the military who is deemed to have financial obligations towards dependents. The regulations extend to authorize deductions from the pay of these military personnel to support those dependent on them. The authorised officers empowered to make such deductions include the Chief Accountant, A.I.F., the Chief Paymaster, A.I.F., and any District Finance Officer. The scope of the regulation is explicitly within the military context, focusing on financial support mechanisms for dependants of military personnel. The application of this regulation is confined to the Commonwealth of Australia, and there are no stated exclusions or thresholds within the excerpt. The regulation might be further detailed or extended by subordinate instruments, but these are not elaborated upon in the provided text.
Key Provisions
The primary operative section of these Regulations, numbered as regulation 6, concerns the deductions from the pay of members of the Military Forces for the support of dependants (section 6(1)). This section permits the Minister of State for the Army or an authorised officer to issue orders that allow for the deduction of reasonable sums from the pay of any member of the Military Forces. These deductions are intended to support any person who, in the opinion of the Minister or the authorised officer, is wholly or partly dependent on the member or has a claim for maintenance against the member. The funds collected through these deductions are to be paid to or for the benefit of the person in question.
The Regulations impose specific obligations on both the Minister of State for the Army and the authorised officers, including the Chief Accountant, A.I.F., the Chief Paymaster, A.I.F., and any District Finance Officer (section 6(2)). These authorised officers are tasked with implementing the deductions as ordered by the Minister, ensuring that the sums deducted are reasonable and that they are appropriately allocated for the support of the dependents. The Minister and authorised officers must act within their powers and in accordance with the principles of fairness and necessity to support the dependants of members of the Military Forces.
In terms of consequences for breaches, the Regulations do not explicitly outline specific offences or penalties within the text provided. However, it is reasonable to infer that any misuse of authority, improper deductions, or failure to properly support dependants could result in administrative or legal repercussions. While the maximum penalties are not stated in the provided excerpt, breaches of regulations of this nature typically involve internal reviews, possible disciplinary actions, and could potentially lead to civil or criminal charges depending on the severity and intent behind the breach. The overarching aim is to ensure that the support mechanisms for dependants are handled with integrity and care.