War Financial Regulations (Amendment)

Overview

The Statutory Rules of 1918, No. 302, represents a regulatory amendment under the Defence Act 1903-1918. Enacted by the Governor-General with the advice of the Federal Executive Council, this legislative instrument seeks to address financial matters concerning the issuance of plain clothes to soldiers upon their discharge from the Australian Imperial Force. The regulation aims to ensure that soldiers receive appropriate attire upon their discharge, barring specific circumstances such as short service duration or disciplinary discharge, which may result in financial deductions from their pay. This regulation reflects the policy objective of providing necessary support to service members while maintaining fiscal responsibility and discipline within the forces. This regulatory amendment was introduced to rectify a gap in the provision of post-service support for soldiers, specifically addressing the need for plain clothes upon discharge. The regulation is designed to ensure that all eligible soldiers receive the necessary clothing, except for those discharged under specific conditions, thereby maintaining both the welfare of service members and the integrity of the military's financial management practices.

Scope and Application

The Statutory Rules 1918 No. 302, made under the Defence Act 1903-1918, pertains specifically to the amendment of War Financial Regulations concerning the provision of plain clothes to soldiers upon discharge. This regulation applies to all soldiers who are discharged from service under the Australian Imperial Force. Notably, the regulation differentiates between soldiers with at least three months of service and those discharged for disciplinary reasons, with the latter group facing a deduction from their pay if they require plain clothes. The regulation applies nationally, reflecting the Commonwealth's jurisdiction over defence matters. While the regulation itself does not explicitly state exclusions or thresholds, it indirectly sets a boundary based on service duration and reason for discharge. The regulation is effective immediately upon its enactment, and any further clarification or extension of its application would likely be addressed through subordinate instruments or additional statutory rules, though such provisions are not detailed in this specific legislative instrument.

Key Provisions

The principal operative section of this regulation is Regulation 50 of the War Financial Regulations, which has been amended to address the issuance of plain clothes to soldiers upon discharge. Under the amendment, soldiers who are discharged and do not already have plain clothes will receive a free issue of such clothes from the Department, with the cost of these clothes not exceeding 30 shillings (s.50). However, soldiers who have served less than three months in the Australian Imperial Force and are discharged for disciplinary reasons will only be provided with plain clothes if they require them, and in this case, a deduction of 30 shillings will be made from their pay. The obligations imposed by this regulation are primarily on the Department responsible for issuing the plain clothes. They must ensure that soldiers who are discharged and do not have plain clothes are provided with a free issue, within the specified cost limit. For soldiers discharged for disciplinary reasons with less than three months of service, the Department must only issue plain clothes if necessary, and in such cases, must also ensure that a deduction of 30 shillings is made from the soldier’s pay. Failure to comply with the provisions of this regulation could result in breaches of the Defence Act 1903-1918. While the regulation itself does not specify offences, penalties, or consequences for non-compliance, any breaches of the Defence Act could lead to civil or criminal penalties as outlined in the Act. These could include fines or imprisonment, depending on the severity of the breach and any relevant circumstances. The maximum penalties would be determined by the provisions of the Defence Act 1903-1918, not by this regulation.