STATUTORY RULES.
1918. No. 1.
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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 forthwith.
Dated this tenth day of January, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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War Financial Regulations are amended as follows:—
Regulation 2.—Next after the words “Railway Unit: Blacksmith, Fitter” insert “Waggon-repairer, Boilermaker’: to take effect as from 1st October, 1917.
Regulation 42 is repealed and the following new regulation made in lieu thereof:—
“42. If a member of the Australian Imperial force whilst on active service abroad is granted leave to return to Australia on private affairs, he may be allowed half-pay for the period of leave that is approved, provided that in the case of members whose leave expires in Australia owing to no transport being available for their return, three-quarters pay in lieu of half-pay will be allowed from the date of expiration of leave until the date of re-embarkation for further service abroad.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.17329.—Price 3d.
Overview
The Statutory Rules 1918 No. 1, made under the Defence Act 1903-1917, were enacted by the Governor-General, R. M. Ferguson, in consultation with the Federal Executive Council. This legislative instrument was introduced to address the need for updated financial regulations for members of the Australian Imperial Force during the First World War. The specific changes include amendments to the War Financial Regulations, such as the addition of new roles and adjustments to the pay entitlements for soldiers on leave. The policy objective appears to be to provide clarity and fairness in the financial treatment of service members during their active service and subsequent leave periods.
Scope and Application
The Regulations under the Defence Act 1903-1917, promulgated by the Governor-General and coming into effect immediately, apply specifically to the financial aspects of the Australian military during wartime, as evidenced by the War Financial Regulations. These regulations govern the financial conditions and allowances for members of the Australian Imperial Force while on active service, particularly focusing on the pay and conditions for those granted leave to return to Australia on private matters. The provisions extend to the operational financial structure, including the addition of new roles such as waggon-repairers and boilermakers, and adjustments to the pay for soldiers whose leave expires due to unavailability of transport back to their duty stations. The amendments and repeals outlined in these regulations are intended to ensure that the financial support provided to military personnel remains fair and adequate under the unique circumstances of wartime. These regulations apply nationally within the Commonwealth of Australia, underscoring the federal government's role in managing military finances during conflict.
Key Provisions
The Regulations under the Defence Act 1903-1917 include several key provisions that govern the financial aspects of the Australian Imperial Force (AIF). Specifically, Regulation 2 introduces a new occupation, "Waggon-repairer, Boilermaker," which is to be effective from 1 October 1917. This amendment aims to expand the categories of skilled personnel within the Railway Unit to better support the logistical needs of the AIF. Regulation 42, which has been repealed and replaced, now specifies the financial entitlements of AIF members on leave. If a member is granted leave to return to Australia on private affairs while on active service abroad, they are entitled to half-pay for the approved leave period. For members whose leave expires in Australia due to a lack of available transport for their return, three-quarters pay will be allowed from the date of leave expiration until re-embarkation for further service abroad.
The obligations under these Regulations are primarily directed towards ensuring that financial provisions are clearly defined and adhered to, particularly in the context of leave and pay for AIF members. The amendment in Regulation 2 necessitates the inclusion of Waggon-repairer and Boilermaker roles within the Railway Unit, requiring the relevant authorities to recognise and compensate these roles appropriately. Meanwhile, Regulation 42 imposes the obligation on the Defence authorities to calculate and disburse half-pay or three-quarters pay as stipulated, depending on the circumstances of the member's leave. This requires accurate record-keeping and timely financial processing to ensure that members receive their entitlements without undue delay.
Failure to comply with the financial provisions outlined in these Regulations can lead to significant consequences. While the Regulations themselves do not explicitly state the penalties for non-compliance, breaches of financial entitlements for military personnel can lead to disciplinary action under the Defence Act or other relevant military laws. Such actions could include administrative penalties, financial restitution, or even criminal charges if the breach is deemed severe enough. The specific penalties would depend on the nature and severity of the breach, but they could potentially include fines or imprisonment, reflecting the seriousness of ensuring that military personnel receive their due entitlements.