STATUTORY RULES.
1942. No. 388.
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REGULATION UNDER THE DEFENCE ACT 1903-1941.*
I, 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 1903-1941.
Dated this ninth day of September, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
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Amendment of the Volunteer Defence Corps Regulations.†
Pay and allowances.
Regulation 8 of the Volunteer Defence Corps Regulations is amended—
(a) by inserting after sub-regulation (2.) the following sub-regulation:—
“2a. While any member of the Corps is attending any parade, school of instruction, bivouac or the like extending for six or more consecutive days he shall be entitled to pay and allowances at the daily rate prescribed by the War Financial (Military Forces) Regulations for the rank corresponding to his rank in the Corps.”; and
(b) by inserting in sub-regulation (4.), after the word “like”, the words “extending for less than six consecutive days”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1942, No. 38.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4177.—Price 3d. 24/1.8.1942.
Overview
The Statutory Rules of 1942, No. 388, made under the Defence Act 1903-1941, were enacted to address the need for a clearer framework concerning the pay and allowances for members of the Volunteer Defence Corps during extended training periods. Issued by the Governor-General in Council, these regulations sought to rectify ambiguities and ensure fair compensation for members participating in long-term training exercises. The policy objective was to provide necessary financial support to members of the Corps during significant periods of service, thereby improving their motivation and effectiveness in national defence efforts. This legislative instrument was designed to align with the broader military financial regulations, ensuring consistency and equity in the treatment of service members.
Scope and Application
The Statutory Rules of 1942, No. 388, issued under the Defence Act 1903-1941, pertain specifically to the amendment of the Volunteer Defence Corps Regulations. These regulations govern the pay and allowances for members of the Volunteer Defence Corps, a reserve component of the Australian Defence Force, during periods of extended service. The regulation applies to members of the Volunteer Defence Corps who are participating in activities such as parades, schools of instruction, or bivouacs that last for six or more consecutive days. These members are entitled to daily pay and allowances as prescribed by the War Financial (Military Forces) Regulations, corresponding to their rank within the Corps. Conversely, members attending such activities for less than six consecutive days are governed by different provisions within the same sub-regulation. The scope of this regulation is confined to the Commonwealth of Australia, indicating that it has a national reach and applies uniformly across all states and territories. The regulation does not explicitly state any exclusions, exemptions, or thresholds beyond the specified duration of service, and its application may be further detailed or restricted through subordinate instruments issued under the authority of the Defence Act.
Key Provisions
The main operative sections of these Regulations (No. 388) pertain specifically to the amendment of the Volunteer Defence Corps Regulations (section 8). These amendments are designed to address the pay and allowances for members of the Corps when attending various activities. According to the new sub-regulation 2a, members attending any parade, school of instruction, bivouac, or similar activities that extend for six or more consecutive days are entitled to daily pay and allowances at the rate prescribed by the War Financial (Military Forces) Regulations for the rank corresponding to their rank in the Corps. Sub-regulation (4) is also modified to clarify that it applies to activities extending for less than six consecutive days. This amendment ensures that members receive appropriate compensation for extended periods of service.
These Regulations impose specific obligations on the members of the Volunteer Defence Corps regarding their entitlement to pay and allowances during extended periods of service. Members must ensure they attend activities that qualify under the amended sub-regulation, which now explicitly includes those extending for six or more consecutive days. They are entitled to the specified pay and allowances, as outlined in the War Financial (Military Forces) Regulations, corresponding to their rank within the Corps. This amendment aims to provide clarity and fairness in compensation for extended service periods.
Failure to comply with these Regulations could result in legal consequences. Although the specific offences, penalties, or consequences are not explicitly detailed in the text, any breach of Defence Act provisions or failure to adhere to the prescribed regulations could lead to disciplinary action under the Defence Act 1903-1941. The potential penalties for such breaches may include fines or other sanctions as deemed appropriate under the relevant legislation. It is essential for members of the Corps to adhere to these Regulations to avoid any adverse consequences.