STATUTORY RULES.
1918. No. 70.
_______
REGULATIONS UNDER THE DEFENCE ACT 1903-1917.
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 1903-1917 to come into operation as from 1st January, 1918.
Dated the twentieth day of March, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
_________
War Financial Regulations are amended as follows:—
(1) Regulation 23 Sub-regulation (a) is repealed and the following substituted in lieu thereof:—
(a) (i) The following are the rates of travelling allowance which may be drawn, in addition to the field allowance provided for their ranks, by members of the Australian Imperial Force on active service abroad when detailed for duty involving absence from their stations; provided that travelling allowance shall not be payable when quarters and rations are available:—
Rank. | | Allowance. |
| Daily rate (except where rate in column three applies). | Daily rate after fourteen days in any one place. |
(1) | | (2) | (3) |
Lieutenant-General........ | | 15s. per diem. | £2 10s. per week |
Major-General........... |
Brigadier-General......... |
Colonel................ | | 12s. 6d. per diem | £2 10s. per week |
Lieutenant-Colonel........ |
Major................. |
Captain................ |
Lieutenant.............. |
2nd Lieutenant........... |
Warrant Officer........... | | 9s. per diem | £1 10s. per week |
Non-Commissioned Officers.. | | 8s. per diem | £1 10s. per week |
Lance-Corporals.......... | | 6s. per diem | £1 10s. per week |
Gunners................ |
Privates................ |
Australian Army Nursing Service— | | | |
Matron-in-Chief.......... | | 12s. 6d. per diem | £2 10s. per week |
Other ranks............. | | 10s. per diem | £2 10s. per week |
C.3657.—Price 3d.
(ii) The special allowance of 10s. per diem granted to Matron-in-Chief under Regulation 18 shall cease during any period in excess of seven days for which travelling allowance is payable.
(iii) The above rates of travelling allowance are exclusive of any cost of conveyance by rail or steamer, and in computing the period the time shall be calculated from the time of departure to the time of return.
(iv) Taxi, cab, and fares other than those referred to in paragraph (iii) and porterage shall not be payable in addition to travelling allowance.
(v) When travelling by steamer where the fare paid includes subsistence, travelling allowance shall not be payable.
Sub-regulation (b)—For (b) substitute the distinguishing letter (c). The following new sub-regulation is inserted:—
(b) The issue of travelling allowance to members of the Australian Imperial Force in Australia shall be governed by Financial and Allowance Regulations. Travelling allowance shall not be payable except when a member is detailed for duty involving absence from his station, and quarters and rations are not available.
(2) Regulation 15—The words “but no payment of field allowance shall be made for any period for which travelling allowance is paid” are deleted.
(3) Regulation 18—The words “Travelling allowance will be paid as for the rank of Captain to Matron-in-Chief, provided, however, that” are deleted.
(4) After Regulation 75 the following new regulation is inserted:—
75a. Funeral expenses up to an amount of £10 may be incurred in the case of death of any interned person.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1918 No. 70, made under the Defence Act 1903-1917, was enacted to amend the War Financial Regulations in response to the exigencies of World War I. The regulations were made by the Governor-General in Council and came into effect on 1 January 1918. The amendments primarily focused on adjusting the rates of travelling allowance for members of the Australian Imperial Force on active service abroad, detailing specific rates for various ranks and positions, and clarifying conditions under which these allowances are payable, such as when quarters and rations are not available. Additionally, the regulations introduced provisions for funeral expenses for interned persons, up to a limit of £10. This legislative instrument aimed to ensure that financial support provided to military personnel and their families was appropriate and responsive to the circumstances of their service during the war.
Scope and Application
The Statutory Rules 1918 No. 70, Regulations under the Defence Act 1903-1917, primarily apply to members of the Australian Imperial Force who are on active service abroad, specifically detailing their eligibility for travelling allowances. These regulations also extend to members in Australia, although the allowance is contingent upon the member being detailed for duty that necessitates absence from their station, and quarters and rations are not available. The allowances are set based on rank, with specific rates outlined for various positions including Lieutenant-General, Major-General, Colonel, and others down to privates, as well as members of the Australian Army Nursing Service. The regulations also stipulate that certain allowances cease when other forms of compensation, such as travelling allowance or subsistence, are provided. Additionally, these regulations cover funeral expenses for interned persons, capping the amount at £10. The regulations are comprehensive in their coverage of allowances and expenses related to service personnel, with specific exclusions and conditions clearly outlined to ensure clarity and proper application.
Key Provisions
The main operative sections of this statutory rule amend the War Financial Regulations under the Defence Act 1903-1917, effective from 1 January 1918. Specifically, Regulation 23 is amended to revise the rates of travelling allowance payable to members of the Australian Imperial Force on active service abroad when detailed for duty involving absence from their stations (Reg. 23(1)). It is clarified that travelling allowance shall not be payable when quarters and rations are available (Reg. 23(1)(i)). Furthermore, sub-regulation (b) is replaced with a new sub-regulation (Reg. 23(2)) that governs the issue of travelling allowance to members in Australia. Regulation 15 is amended to remove the prohibition on payment of field allowance for any period during which travelling allowance is paid (Reg. 15). Regulation 18 is also amended to remove specific reference to the travelling allowance payable to Matron-in-Chief (Reg. 18). A new regulation, 75a, is inserted to permit funeral expenses up to £10 in the case of death of any interned person (Reg. 75a).
The obligations imposed by these regulations are primarily on the members of the Australian Imperial Force, requiring them to adhere to the specified rates of travelling allowance and the conditions under which it can be claimed. The regulations also stipulate that travelling allowance shall not be payable under certain circumstances, such as when quarters and rations are available, or when the cost of conveyance includes subsistence (Reg. 23(1)(i), (iii), (v)). Additionally, the regulations impose an obligation on the authorities to ensure that any funeral expenses incurred for interned persons do not exceed £10 (Reg. 75a).
There are no explicit offences or penalties stated within the regulations themselves, but breaches of the Defence Act 1903-1917, under which these regulations are made, could lead to criminal or civil consequences. For instance, misuse of funds or improper claims could result in disciplinary action, fines, or other penalties as prescribed by the Defence Act or other applicable legislation. The specific penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the Defence Act.