STATUTORY RULES.
1940. No. 89.
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REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACT 1939.*
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 Supply and Development Act 1939.
Dated this Twenty Second
day of May , 1940.
Governor-General.
By His Excellency’s Command,
Minister of State for Supply and Development.
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Amendment of the Supply and Development (Staff)
Regulations 1939.†
Commencement.
1. These Regulations shall be deemed to have come into operation on the second day of September, 1939.
2. Regulation 61 of the Supply and Development (Staff) Regulations is repealed and the following regulation inserted in its stead:—
Leave for defence purposes.
“61.—(1.) An officer who has enlisted in, or been appointed to, an Expeditionary Force raised under the provision of the Defence Act 1903-1939, or who is called up for war service in pursuance of the Defence Act 1903-1939, and is granted leave of absence by the Chief Officer may, if his pay as a member of the Defence Force in respect of the first sixteen calendar days of leave so granted is less than his pay as an officer, be paid an amount equal to the difference.
(2.) In this regulation the expression “pay as an officer” includes such emoluments as the Board determines.
(3.) This regulation shall apply to temporary employees:
Provided that, in the case of such an employee, leave shall not be granted beyond the date on which his services would, but for that leave, have been terminated.”.
* Notified in the Commonwealth Gazette on 21st September, 1939.
† Statutory Rules 1939, No. 99.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2101.—12/9.4.1940.—Price 3d.
Overview
The Supply and Development (Staff) Regulations 1939, made under the Supply and Development Act 1939, were introduced to address the administrative and logistical needs arising from the Second World War, specifically concerning the payment of leave for defence personnel. Enacted by the Governor-General in Council, these regulations aimed to provide financial support to officers who enlisted in or were appointed to Expeditionary Forces, ensuring they were compensated adequately for their service during leave periods. This legislative instrument sought to clarify and standardise the payment process for such officers, aligning with the broader policy objective of supporting the nation's war efforts through effective resource management and personnel administration.
Scope and Application
These regulations, made under the Supply and Development Act 1939, pertain to officers who have enlisted or been appointed to an Expeditionary Force or are called up for war service under the Defence Act 1903-1939 and are granted leave of absence by the Chief Officer. Specifically, they address the payment of a difference in remuneration to officers whose pay as a member of the Defence Force for the first sixteen calendar days of leave is less than their pay as an officer. The expression "pay as an officer" includes emoluments as determined by the Board. These provisions apply to temporary employees, with the condition that leave cannot extend beyond the termination date of their services. The regulations came into operation on 2 September 1939 and amended the Supply and Development (Staff) Regulations 1939 by repealing Regulation 61 and inserting a new Regulation 61 to address leave for defence purposes. The regulations were notified in the Commonwealth Gazette on 21 September 1939.
Key Provisions
The main operative sections of these Regulations pertain to the amendment of the Supply and Development (Staff) Regulations 1939, specifically concerning the payment of leave for officers enlisted in an Expeditionary Force under the Defence Act 1903-1939. Regulation 61 has been repealed and replaced to ensure that officers granted leave of absence and whose pay is less than their officer pay for the first sixteen calendar days can be compensated for the difference (Reg. 61(1)). The term "pay as an officer" is defined to include any emoluments determined by the Board (Reg. 61(2)). Additionally, this regulation applies to temporary employees, with a proviso that leave cannot extend beyond the termination date of their services (Reg. 61(3)).
These Regulations impose specific obligations on the parties involved, particularly the Chief Officer who must grant leave to eligible officers and ensure they are compensated correctly. The Board is responsible for determining the emoluments included in the term "pay as an officer." Furthermore, temporary employees must be aware that their leave cannot extend beyond the end of their service period as if no leave had been granted.
Breaches of these Regulations may lead to civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the provided text. The maximum penalties or specific consequences would typically be outlined in the relevant legislation or further regulations, but this information is not provided here. It is essential for parties to adhere to the stipulations to avoid potential repercussions.