STATUTORY RULES.
1930. No. 100.
REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1927, to come into operation forthwith.
Dated this twenty-seventh day of August, 1930.
SOMERS
Deputy of the Governor-General.
By His Excellency’s Command,
A. E. GREEN
Minister of State for Defence.
Regulations for Civilian Staff (other than Government Factories) under Defence Act, Section 63.
(Statutory Rule 1926, No. 209, as amended to date.)
Amendment.
After regulation 64 insert new regulation 64a, as follows:—
“Leave without pay during year ending 30th June, 1931.
64a.—(1.) Notwithstanding anything contained in these Regulations, any officer or temporary employee of the Physical Training Staff may be ordered on leave of absence from duty by the Minister for such period or periods during the year ending on the thirtieth day of June, One thousand nine hundred and thirty-one, not exceeding in the aggregate a period of eight weeks, and every officer or temporary employee of the Physical Training Staff so ordered on leave shall not, in respect of any such period, be entitled to receive, unless and until otherwise directed by the Minister, any salary or wages, except so much as is equivalent to the amount which he is required under section twenty-one of the Superannuation Act 1922-1924 to contribute in respect of that period.
(2.) Subject to sub-regulation (1.) of this regulation, every period in respect of which an officer or temporary employee of the Physical Training Staff is ordered on leave under that sub-regulation, shall for all purposes be counted as a period of service.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930, No. 100, are regulations enacted under the Defence Act 1903-1927, aimed at addressing specific administrative needs within the Defence sector, particularly concerning the civilian staff of the Physical Training Staff. These regulations were brought into effect immediately upon their creation, demonstrating the urgency or importance of the measures they contain. Enacted by the Deputy of the Governor-General in accordance with the advice of the Federal Executive Council, these regulations reflect a direct response to economic constraints, as evidenced by the policy objective of managing staff leave and compensation during a financially challenging period. The regulations allow for officers and temporary employees of the Physical Training Staff to be placed on leave without pay for up to eight weeks during the fiscal year ending 30 June 1931, while still counting this leave as service for superannuation purposes. This legislative measure was likely introduced to manage costs and maintain operational efficiency within the Defence sector during an economically constrained period.
Scope and Application
This statutory rule, made under the Defence Act 1903-1927, specifically targets officers and temporary employees of the Physical Training Staff within the defence sector. It applies to those individuals who may be directed by the Minister for Defence to undertake leave without pay for periods not exceeding eight weeks in aggregate during the financial year ending 30 June 1931. This regulation is designed to address financial constraints within the defence sector by temporarily reducing payroll costs while ensuring that the leave periods still count towards their service for superannuation and other benefits as stipulated under the Superannuation Act 1922-1924. The regulation is nationally applicable as it is a Commonwealth regulation, thus it extends across all states and territories within Australia. There are no explicit exclusions mentioned in this rule, but it does specify conditions under which salary or wages may still be required to be contributed as per superannuation obligations. The regulation can be further extended or modified through subordinate instruments, which may provide additional clarification or amendments as necessary.
Key Provisions
The main operative sections of the regulation focus on leave without pay for officers and temporary employees of the Physical Training Staff for the year ending on the 30th day of June, 1931. According to regulation 64a(1), any officer or temporary employee of the Physical Training Staff can be ordered on leave of absence by the Minister for up to eight weeks during this period. Crucially, these individuals are not entitled to receive any salary or wages during these leave periods unless otherwise directed by the Minister, except for the amount equivalent to the superannuation contribution they would be required to make under section twenty-one of the Superannuation Act 1922-1924. Furthermore, regulation 64a(2) stipulates that every period during which an officer or temporary employee is ordered on leave shall count as a period of service for all relevant purposes.
The obligations and requirements imposed by the Act are primarily directed at the Minister for Defence, who has the authority to order leave without pay for the specified staff members. The Minister must ensure that the leave does not exceed the aggregate period of eight weeks and must specify any exceptions to the leave without pay provision. Additionally, the regulation mandates that the periods of leave must be counted as service for all applicable purposes, reinforcing the notion that such leave does not interrupt the continuity of employment.
The regulation does not explicitly state any offences, penalties, or civil or criminal consequences for breach of its provisions. However, any failure by the Minister to comply with the regulation's stipulations could potentially lead to legal challenges or disputes regarding the terms and conditions of employment and leave entitlements. While the regulation itself does not prescribe specific penalties, breaches of employment terms in general can result in legal actions under relevant employment laws or industrial relations frameworks.