STATUTORY RULES.
1937. No. 62.
––––––
REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*
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 Defence Act 1903-1934.
Dated this ninth day of June, 1937.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Acting Minister of State for Defence.
Amendment of Royal Military College Regulations.†
After regulation 62 of the Royal Military College Regulations the following regulation is inserted:—
Financial administration.
“62a. The Commandant may approve of expenditure from the appropriations made, or trust accounts established for the College: Provided that funds are available, requirements for the remainder of the financial year will not necessitate application to Army Head-quarters for additional funds, there is nothing irregular in the expenditure, and that it is not an allowance or payment to any member of the Forces which is not covered by regulation or which requires the approval of the Military Board.”
* Notified in the Commonwealth Gazette on , 1937.
† Statutory Rules 1934, No. 90, as amended by Statutory Rules 1935, No. 50; and 1936, Nos. 15 and 33.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
2215—20/4.5.1937.—Price 3d.
Overview
The Statutory Rules of 1937, No. 62, issued under the Defence Act 1903-1934, introduce regulations that amend the financial administration of the Royal Military College. Enacted by the Governor-General in Council, these regulations aim to provide the Commandant with the authority to approve expenditures from the College's appropriations or trust accounts, ensuring financial flexibility and efficient management within the constraints of available funds and existing regulations. This legislative instrument was developed to address the need for clearer financial governance at the College, enabling it to operate more autonomously while adhering to the overarching framework established by the Defence Act. The policy objective appears to be to streamline the financial decision-making process for the College, thereby facilitating its operational requirements without excessive reliance on higher military authorities.
Scope and Application
The Statutory Rules of 1937, No. 62, made under the Defence Act 1903-1934, focus on amending the Royal Military College Regulations, specifically introducing financial administration guidelines. This legislative instrument applies to the Royal Military College, governing the financial decisions that the Commandant can approve. It mandates that such approvals must be within the available funds for the fiscal year, not require additional funds from Army Headquarters, must be free from irregularity, and cannot be allowances or payments to any member of the Forces that are not regulated or require Military Board approval. The geographic reach of these regulations is confined to the Commonwealth of Australia, reflecting their application within the federal framework. This regulation does not specify exclusions or exemptions but provides a clear framework for financial administration within the military college, ensuring that financial decisions align with broader military and governmental fiscal policies. The scope of the regulation is further defined through subordinate instruments, allowing for detailed financial guidelines to be established and amended as necessary.
Key Provisions
The main operative section of these Regulations, inserted as regulation 62a, pertains to the financial administration of the Royal Military College (RMC). It stipulates that the Commandant has the authority to approve expenditure from the appropriations made or trust accounts established for the College, provided that several conditions are met. These conditions include the availability of funds, the absence of a need to apply to Army Headquarters for additional funds for the remainder of the financial year, the regularity of the expenditure, and the adherence to existing regulations regarding allowances or payments to members of the Forces. The requirement that the Military Board does not need to approve such allowances or payments is also crucial.
The Act imposes specific obligations and requirements on the parties it governs, particularly the Commandant of the RMC. The primary obligation is to ensure that any expenditure approved is within the available appropriations or trust accounts and does not necessitate additional funding from Army Headquarters. Furthermore, the Commandant must confirm that the expenditure is regular and complies with existing regulations. Any allowances or payments to members of the Forces must be covered by the regulations or require approval from the Military Board, but in this case, such approval is not necessary.
Failure to comply with these provisions could lead to significant consequences. While the specific offences, penalties, or consequences are not detailed in the provided text, breaches of financial regulations, particularly in a military context, could result in disciplinary action against the Commandant or other responsible officers. In more severe cases, such breaches could lead to criminal charges or civil penalties, depending on the nature and extent of the irregularity. The potential maximum penalties would be determined by the relevant authorities based on the severity of the breach and the specific provisions of the Defence Act 1903-1934.