War Financial (Military Forces) Regulations (Amendment)

Overview

Statutory Rules 1945 No. 46, Regulations under the Defence Act 1903-1941, were enacted to address the need for amendments to existing military financial regulations to better align with the changing conditions of wartime. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The regulations amend the War Financial (Military Forces) Regulations to provide clarity on matters such as the definition of "date of embarkation," the establishment of Lines of Communication Areas, and the restriction of pay for members who are hospitalised or convalescent, as well as those who have been released from prisoner-of-war status. The policy objective behind these amendments is to ensure that financial provisions for military personnel are accurately and fairly applied during the course of their service, particularly in the context of the Second World War.

Scope and Application

This statutory instrument amends the War Financial (Military Forces) Regulations under the Defence Act 1903-1941, with amendments that affect members of the military forces. The regulations apply to military personnel, both serving and those released from captivity as prisoners of war, including members of the Australian military and other allied forces such as the United Kingdom's naval, military, or air force, and any British Dominion or possession from June 7, 1941, onwards. The regulations address the restriction of pay for members in hospitals or convalescent homes, as well as those released from prisoner of war status, and specify the authority to restrict such pay, either by the Commanding Officer or the Military Board, depending on the circumstances. The changes also modify the definition of "date of embarkation" and include new definitions to clarify terms such as "Lines of Communication Area". These regulations apply nationally across Australia and are applicable to all relevant military personnel as defined within the regulations. There are no specific exclusions or thresholds mentioned in the text, and any further application or restrictions would be determined through subordinate instruments or additional regulations.

Key Provisions

The Regulations under the Defence Act 1903-1941 primarily amend existing provisions in the War Financial (Military Forces) Regulations, focusing on definitions and restrictions related to military personnel in various circumstances. For instance, regulation 4 of the War Financial (Military Forces) Regulations is amended to redefine "date of embarkation" to include the date a member enters a country outside Australia for service (subsection 1(a)). Furthermore, the term "Lines of Communication Area" is defined to include any part of Australia designated as such under the National Security (Military Forces) Regulations and the Western Command under the Australian Military Regulations (subsection 1(b)). Regulation 7a replaces the previous provision to restrict the pay of military members who are patients in hospitals or convalescent homes or released prisoners of war, with the restriction being set by the Commanding Officer of the hospital or convalescent home in the former case and by the Military Board in the latter (subsection 2). These Regulations impose several obligations and requirements on military personnel and governing bodies. For example, they mandate that the pay of military members in hospitals or convalescent homes, or those released from prisoner-of-war status, can be restricted to specific amounts within their credit. This restriction must be determined by the relevant authority—the Commanding Officer for those in hospitals or convalescent homes and the Military Board for those released from prisoner-of-war status (subsection 2). The Regulations also require the amendment of absence without leave (AWOL) provisions, ensuring that any member reported to be absent without leave, rather than declared illegally absent, is subject to the stipulated consequences (subsection 4). The Regulations establish specific consequences for non-compliance. While the exact nature of these consequences is not detailed within the provided text, it can be inferred that failure to adhere to the pay restrictions or other provisions could result in disciplinary action or other penalties as outlined in the Defence Act 1903-1941 or other related military regulations. Additionally, amendments to the definition of "Lines of Communication Area" may affect the jurisdiction and applicability of certain regulations within these areas, potentially impacting both military personnel and civilian authorities. The detailed consequences, however, are not explicitly stated within the provided legislative text.