STATUTORY RULES.
1944. No. 111.
REGULATIONS 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 Regulations under the Defence Act 1903-1941.
Dated this fourteenth day of July, 1944.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
(Sgd.) F. M. FORDE
Minister of State for the Army.
Amendments of the War Financial (Military Forces) Regulations.†
Commencement
1. Statutory Rules 1944, No. 65 is amended by omitting from sub-regulation (3) of regulation 1 in that Statutory Rule the word “to” (first occurring) and inserting in its stead the words “to the War Financial (Military Forces) Regulations substituted by”.
2. Regulation 10 of the War Financial (Military Forces) Regulations is repealed and the following regulation is inserted in its stead:—
Acting provisional or temporary rank.
“10. A member who is granted acting, provisional or temporary rank, classification or appointment shall, while holding that rank, classification or appointment, be entitled to pay, pay allowances and other allowances at the rates prescribed by these Regulations for the rank, classification or appointment in which he is acting or which he holds provisionally or temporarily”.
Provisional rank.
3. Regulation 12 of the War Financial (Military Forces) Regulations is repealed.
Temporary rank.
4. Regulation 13 of the War Financial (Military Forces) Regulations is repealed.
Field allowance in Australia.
5. Regulation 18 of the War Financial (Military Forces) Regulations is amended by omitting sub-regulation (3).
* Notified in the Commonwealth Gazette on , 1944.
† Statutory Rules 1941, No. 218, as amended by Statutory Rules 1942, Nos. 136 and 347; 1943, No. 287; and 1944, Nos. 65 and 82.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3886.—Price 3d. 11/9.6.1944.
Overview
Statutory Rules 1944, No. 111, made under the Defence Act 1903-1941, addresses amendments to the War Financial (Military Forces) Regulations during World War II. Enacted by the Governor-General in Council, these regulations are designed to streamline and clarify provisions related to the financial entitlements of military personnel holding acting, provisional, or temporary ranks, classifications, or appointments. The amendments ensure that members holding such positions are entitled to pay and allowances at the rates specified by the regulations for their acting or provisional ranks. This legislative instrument aims to provide consistency and fairness in the financial treatment of military personnel during wartime, ensuring that all members are compensated appropriately for their roles and responsibilities.
Scope and Application
The Statutory Rules 1944, No. 111, made under the Defence Act 1903-1941, amends and updates the War Financial (Military Forces) Regulations. These regulations apply to members of the military forces who are granted acting, provisional, or temporary ranks or appointments, as well as those receiving field allowances in Australia. The regulations are intended to address the financial entitlements of such members, ensuring they are compensated at the prescribed rates for their acting or provisional ranks. The reach of these regulations is within the Commonwealth of Australia, governed by the Defence Act, and they apply to all members of the military forces as defined under the Act. The regulations provide specific provisions for the compensation of members in acting, provisional, or temporary roles, as well as modifications to field allowances. While the regulations primarily focus on financial aspects, they also indirectly cover the conduct and transactions related to the remuneration of military personnel in various capacities. The regulations do not explicitly state exclusions, exemptions, or thresholds, but they are subject to further refinement or elaboration through subordinate instruments that may provide additional details or exceptions.
Key Provisions
These regulations amend and substitute the War Financial (Military Forces) Regulations under the Defence Act 1903-1941. Specifically, the regulations modify the wording of sub-regulation (3) in Statutory Rule 1944, No. 65, to clarify the substitution of the War Financial (Military Forces) Regulations (section 1). Regulation 10 introduces provisions for members granted acting, provisional, or temporary ranks, classifications, or appointments, entitling them to pay and allowances at the rates prescribed for the rank or classification they are acting or holding provisionally or temporarily (section 2). The regulations repeal Regulations 12 and 13 of the War Financial (Military Forces) Regulations, which previously governed provisional and temporary ranks (sections 3 and 4). Furthermore, Regulation 18 is amended to remove sub-regulation (3), likely relating to the field allowance in Australia (section 5).
The regulations impose obligations on members of the military who are granted acting, provisional, or temporary ranks, classifications, or appointments. These members must be entitled to pay and allowances at the prescribed rates for the rank or classification they are acting or holding provisionally or temporarily (section 2). The regulations also impose an obligation to adhere to the updated wording in Statutory Rule 1944, No. 65, ensuring the correct substitution of the War Financial (Military Forces) Regulations.
Violations of these regulations may result in civil or criminal consequences. The specific offences, penalties, or consequences for breach are not detailed within the provided text. However, under the Defence Act 1903-1941, breaches of regulations or orders may result in disciplinary action, fines, imprisonment, or other penalties as prescribed by law. The maximum penalties would be determined based on the severity of the breach and the relevant provisions of the Defence Act or any other applicable legislation.