STATUTORY RULES.
1912. No. 72.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Regulations (Provisional) for Universal Training—Part IV.—Junior Cadets—Addition—Regulation 74a.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Defence Act 1903-1911 should come into immediate operation, and further, should be taken to have come into operation on and from the 1st day of July, 1911, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this fourth day of April, One thousand nine hundred and twelve,
DENMAN,
Governor-General.
By His Excellency’s Command,
E. A. ROBERTS.
REGULATIONS (PROVISIONAL) FOR UNIVERSAL TRAINING —PART IV.—JUNIOR CADETS.
Addition.
After Regulation 74, add the following new regulation:—
“74a. Notwithstanding anything contained in the foregoing Regulation, the Minister may, for financial year 1911-12 only, authorize the payment of so much of the Contingent Allowance for that year as may be required to pay subsistence allowance at a rate not exceeding 3s. per diem per teacher attending authorized Schools of Instruction in Physical Training, provided the amount payable under Regulation 74 is not sufficient to cover cost of subsistence. This allowance to be paid from provision “Allowances under Regulations,” on current year’s estimates.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.4481.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1911, enacted in 1912, address the need for urgent amendments to the existing regulations concerning universal training, particularly focusing on the financial aspects of supporting teachers attending authorised schools of instruction in physical training. These regulations were established by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure that the necessary changes could be implemented with immediacy. The policy objective of these provisional regulations was to provide a temporary financial solution for the fiscal year 1911-1912, ensuring that teachers received adequate subsistence allowances while attending the schools of instruction, thereby facilitating the smooth implementation of universal training initiatives.
Scope and Application
The Provisional Regulations Under the Defence Act 1903-1911, specifically Regulation 74a, applies to the Minister of Defence in the context of the financial year 1911-12, and concerns the provision of subsistence allowances for teachers attending authorized Schools of Instruction in Physical Training. This regulation is designed to ensure that teachers receive a sufficient allowance for their subsistence costs when attending these schools, supplementing any amounts already covered by Regulation 74 if necessary. The regulation's application is strictly limited to the specified financial year, indicating a temporary measure to address immediate needs. The scope of the regulation is confined to the financial arrangements for teachers involved in physical training within the context of universal training, with no broader application to other personnel or activities. There are no stated exclusions or exemptions within the regulation itself, but the allowance is contingent on the financial provisions outlined.
Key Provisions
The key operative section of this Provisional Regulation (Regulation 74a) allows the Minister to authorise the payment of a subsistence allowance, up to a maximum of 3 shillings per day per teacher, for teachers attending authorised Schools of Instruction in Physical Training during the financial year 1911-12. This allowance is to be paid if the existing Contingent Allowance under Regulation 74 is insufficient to cover the cost of subsistence (Reg. 74a(1)). The payment is to be made from the provision "Allowances under Regulations" on the current year's estimates (Reg. 74a(2)).
The Act imposes obligations on the Minister to ensure that the subsistence allowance is authorised only if the existing Contingent Allowance is insufficient to cover the cost of subsistence for teachers attending authorised Schools of Instruction in Physical Training (Reg. 74a(1)). The Minister must also ensure that the payment of the allowance is made from the specified provision in the current year's estimates (Reg. 74a(2)). Furthermore, the allowance must be paid for the financial year 1911-12 only, as specified in the regulation.
There are no explicit offences, penalties, or consequences for breach stated within this Provisional Regulation. However, failure to comply with the regulation's requirements, such as paying the subsistence allowance from the wrong provision or outside the specified financial year, could potentially lead to administrative or financial repercussions. These may include the need to correct payments retroactively, financial audits, or other internal disciplinary actions by the relevant authorities.