STATUTORY RULES.
1943. No. 316.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.
Dated this thirty-first day of December, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Military Forces) Regulations.†
The National Security (Military Forces) Regulations are amended by adding at the end thereof the following regulation:—
Pay and allowances on first appointment to commissioned rank.
“22. The Governor-General may, on the first appointment of a person to commissioned rank in the Australian Military Forces, determine a date subsequent to the date of that first appointment to be the date on which the pay and pay allowances of the appointee shall commence in respect of service under that appointment, but the date so determined shall not be later than the date on which notification is issued of the submission of the appointment to the Governor-General for approval.”.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1941, No. 1, as amended by Statutory Rules 1941, Nos. 10, 202, 294 and 295; 1942, Nos. 24, 42, 104, 135, 156, 187, 240, 277, 341, 491 and 492; and 1943, Nos. 207 and 252.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7292.—Price 3d. 25/30.11.1943.
Overview
Statutory Rules 1943, No. 316, titled "Regulations under the National Security Act 1939-1943," was enacted by the Governor-General in the capacity of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of these regulations was to address and amend the National Security (Military Forces) Regulations by introducing new provisions regarding the pay and allowances for individuals first appointed to a commissioned rank in the Australian Military Forces. This legislative instrument aimed to provide the Governor-General with the authority to specify the date on which the pay and allowances of a newly appointed commissioned officer would commence, ensuring a structured and timely implementation of remuneration following the official notification of their appointment.
The policy objective, as stated within the text, was to create a clear framework for the commencement of pay and allowances for new commissioned officers, thereby maintaining orderly and timely financial administration within the Australian Military Forces. This regulation was part of a broader legislative effort to support national security and military preparedness during a period of significant national and global turmoil.
Scope and Application
The Statutory Rules of 1943 No. 316, enacted under the National Security Act 1939-1943, introduce amendments to the National Security (Military Forces) Regulations. These regulations apply to individuals appointed to commissioned ranks within the Australian Military Forces, specifically governing the determination of the commencement date for their pay and allowances. The regulation allows the Governor-General to set a future date for the commencement of pay and allowances, provided it is not later than the date of notification regarding the appointment's submission for approval. The scope of these regulations is limited to the Australian Military Forces and the individuals involved in such appointments, with no explicit geographic limitations beyond the Commonwealth of Australia. There are no stated exclusions or exemptions within this particular regulation, but its application may be further detailed or restricted through subordinate instruments or additional legislative provisions.
Key Provisions
The Statutory Rules 1943, No. 316, made under the National Security Act 1939-1943, include amendments to the National Security (Military Forces) Regulations, specifically adding a new regulation concerning pay and allowances for commissioned officers in the Australian Military Forces. Regulation 22 provides that the Governor-General has the authority to determine a specific date for the commencement of pay and allowances for an individual upon their first appointment to a commissioned rank (Regulation 22). This date, however, must not be later than the date on which the appointment is notified as submitted to the Governor-General for approval.
Under these regulations, the obligations on the parties primarily involve the Governor-General's discretion in setting the commencement date for pay and allowances. The regulation ensures that the date chosen for the commencement of pay does not exceed the notification date of the appointment submission. This means that the process of setting the pay commencement date must be handled with care to avoid any delays that might exceed the notification date, thereby ensuring that the officer’s remuneration aligns appropriately with their official duties.
In terms of potential breaches and consequences, the legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, it is reasonable to infer that any deviation from the stipulated process could potentially lead to administrative or procedural issues, although the precise nature of any penalties or consequences would likely be determined by further legislative or regulatory provisions not detailed in this excerpt. The overarching framework of the National Security Act 1939-1943 would apply, ensuring that any breaches are addressed in accordance with the broader legal and regulatory environment.