STATUTORY RULES.
1944. No. 180.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
I, THE ADMINISTRATOR of the Government 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 fifth day of December, 1944.
W. DUGAN
Administrator.
By His Excellency’s Command,
Acting Minister of State for the Army.
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Amendment of the War Financial (Military Forces)
Regulations.†
Command and responsibility allowance.
1. Regulation 20 of the War Financial (Military Forces) Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—
“(4.) A member, while not entitled to an allowance under the provisions of sub-regulations (1.), (2.) or (3.) of this regulation, may be paid an allowance of £150 per annum (in Australian currency) in respect of any period—
(a) after the first day of November, 1943, during which he holds or held the rank of Lieutenant-General; or
(b) during which he holds the rank of Major-General, if the Minister is of the opinion that payment of the allowance is justified by the responsibility of the member’s appointment”.
Persons to whom dependants allowance payable and apportionment of allowance.
2. Regulation 36 of the War Financial (Military Forces) Regulations is amended by omitting sub-regulation (13.) and inserting in its stead the following sub-regulation:—
“(13.) Any payment of dependants allowance made to any person in pursuance of these Regulations shall, if that person has a claim for maintenance against the member who made the allotment in respect of which the dependants allowance is payable, or if a maintenance or affiliation order or an order for the payment of alimony has been made against the member in favour of that person, be deemed to be a payment made to that person on behalf of the member”.
* 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, 82, 111 and 123.
6757.—Price 3d. 10/7.11.1944.
First Schedule.
3. The First Schedule to the War Financial (Military Forces) Regulations is amended by omitting the words and figures—
“Brigadier......................... | 2 | 6 | 6 | 1 | 18 | 6 | 0 | 9 | 0” |
appearing in Part 4 under the heading “Members other than Members of the Women’s Services”, and inserting in their stead the words and figures—
“Brigadier— |
Up to and including the sixth day of December, 1942 | 2 | 6 | 6 | 1 | 18 | 6 | 0 | 9 | 0 |
On and from the seventh day of December, 1942— | | | | | | | | | |
| | | | | | | | |
If such rate is approved by the Military Board | | | | | | | | | |
2 | 14 | 6 | 2 | 6 | 6 | 0 | 9 | 0 |
All others............... | 2 | 6 | 6 | 1 | 18 | 6 | 0 | 9 | 0”. |
Third Schedule.
4. The Third Schedule to the War Financial (Military Forces) Regulations is amended—
(a) by omitting from Part 2 the words and figures— |
“Brigadier................................. | 3 | 9 | 4 | 0” |
appearing under the heading “Members other than Members of the Women’s Services” and inserting in their stead the words and figures— |
“Brigadier— | | | | |
Up to and including the sixth day of | | | | |
December, 1942....................... | 3 | 9 | 4 | 0 |
On and from the seventh day of December, 1942— | | | | |
If such rate is approved by the | | | | |
Military Board..................... | 4 | 6 | 4 | 10 |
All others............................. | 3 | 9 | 4 | 0”; |
and |
(b) by omitting from Part 2 the words and figures— |
“Lance Corporal or Lance Bombardier (not classed as a tradesman or specialist) | 0 | 6” |
and inserting in their stead the words and figures— “Lance Corporal or Lance Bombardier (not classed as a tradesman or specialist)— | |
Up to and including the thirtieth day of June, 1943......... | 0 | 6 |
On and from the first day of July, 1943................. | 0 | 7”. |
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1944 No. 180, made under the Defence Act 1903-1941, were enacted to amend the War Financial (Military Forces) Regulations. These amendments were introduced to address the evolving financial needs of military personnel during the Second World War. The Regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective of these amendments was to ensure that the financial provisions for military personnel, including allowances for command and responsibility and dependants, were adequately updated to reflect the changing circumstances of the war effort. This legislative instrument aimed to provide clarity and fairness in the financial support provided to military members and their families during a time of national crisis.
Scope and Application
These statutory rules, numbered 1944, No. 180, are made under the Defence Act 1903-1941 and apply to the Commonwealth of Australia. They amend the War Financial (Military Forces) Regulations to adjust the financial allowances for military personnel. Specifically, the regulations modify the command and responsibility allowance for members who hold the ranks of Lieutenant-General and Major-General, and also address the payment of dependants allowance, clarifying that such payments to individuals with maintenance claims against the member are considered payments on behalf of the member. These amendments affect military personnel within the Commonwealth, and their implementation is overseen by the Minister of State for the Army, who has the authority to approve certain rates as necessary. The regulations do not explicitly exclude any persons or entities but are confined to the financial allowances for military forces, thereby indirectly excluding civilians and other non-military personnel.
Key Provisions
The Regulations, as they pertain to the War Financial (Military Forces) Regulations, modify certain allowances and financial provisions for military personnel. Firstly, Regulation 20(4) now allows for an allowance of £150 per annum for members who hold the rank of Lieutenant-General after the first day of November, 1943, or Major-General if the Minister deems the responsibility of their appointment justifies the payment. Secondly, Regulation 36(13) clarifies that any dependants allowance paid to a person who has a maintenance claim or maintenance order against the member is considered to be a payment made on behalf of the member. The Regulations also adjust rates for various ranks and positions, specifying new rates effective from certain dates, contingent on approval by the Military Board.
These Regulations impose several obligations on the relevant parties. Military personnel who qualify for the allowance under Regulation 20(4) must meet the specified rank criteria and await ministerial approval if they hold the rank of Major-General. The Ministry is tasked with assessing the responsibility of appointments to determine eligibility for the allowance. Additionally, payments made under Regulation 36(13) must be treated as if they are payments on behalf of the member if the recipient has a maintenance claim or order against the member. The Military Board's role in approving certain financial rates is also critical in ensuring compliance with the updated financial provisions.
Failure to comply with these Regulations may lead to various consequences. While the specific offences and penalties are not explicitly stated in the provided text, breaches of financial regulations could potentially result in disciplinary actions against military personnel or administrative penalties imposed by the Ministry. The maximum penalties for such breaches, if applicable, would be determined based on the severity of the breach and relevant Defence Act provisions. However, the precise penalties are not detailed in the Regulations themselves.