War Financial Regulations (Amendment)

Legislation au C1917L00250 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1917. No. 250.

 

REGULATION UNDER THE DEFENCE ACT 1903-1915.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1915 to come into operation forthwith.

Dated the twenty-seventh day of September, One thousand nine hundred and seventeen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

War Financial Regulation.

Regulation 32 of the War Financial Regulations dated 28th February, 1917 (Statutory Rules 1917, No. 49), is repealed and the following Regulation made in lieu thereof. To take effect from 1st July, 1917:—

32. Dependants of members of the Australian Imperial Force receiving less than 10s. per diem (including deferred pay after embarkation) will be entitled to receive Separation Allowance on and from 1st July, 1917, for each day for which pay is due, under the following conditions, subject to relative instructions which have been or may be issued.

Wives and Legitimate Children (and Step Children).

1. For a wife living at home, irrespective of any private income now existing or subsequently arising: 1s. 5d. per diem.

2. For each child under sixteen years of age: 4½d. per diem.

Other Dependants.

3. For a mother dependent, or partly dependent, on her soldier son at time of enlistment: At the same rate and under the same conditions as for a wife.

4. For a mother who is not, at the time of her son’s enlistment solely, or partly dependent, but who can show that the son would, at a given period after enlistment, have contributed to her support: From such period at the same rate and under the same conditions as for a wife.

5. For a mother who, as a result of change of financial circumstances, has, subsequent to her soldier son’s enlistment, become dependent, or partly dependent: From the date of such change at the same rate and under the same conditions as for a wife.

6. For an invalid father who is a widower and is dependent upon the soldier for support: 1s. 5d. per diem.

7. For a daughter of a soldier who is keeping house for her father who is a widower: 1s. 5d. per diem.

8. For a soldier’s sister who is a widow, and who is solely dependent upon the soldier for support: 1s. 5d. per diem.

9. For each brother and sister under the age of sixteen years who is solely dependent upon the soldier for support: 4½d per diem.

C.10023.—Price 3d.


10. For each, child, under sixteen years of age, of a soldier’s sister who is a widow and of which child the soldier is the sole support: 4½d. per diem.

11. For each child, under the age of sixteen years, of a soldier who, after a legal or mutual separation has been entered into, continues to maintain such child by allotting portion of his military pay for such purpose: 4½d. per diem.

12. For each adopted child, under the age of sixteen years, of a soldier, provided the District Paymaster concerned satisfies himself by sight of Deed of Adoption or other actual proof of adoption: 4½d. per diem.

13. For a woman who stands in the same relationship as a wife to the soldier concerned, provided that the woman has been entirely dependent upon the soldier for her maintenance, and would otherwise be destitute, and provided further that the statutory allotment required of married soldiers is made in her favour. (In such cases proof will be required that the soldier was living with the woman to whom payment is to be made on a bonâ fide permanent domestic basis): 1s. 5d. per diem.

14. For each child under the age of sixteen years of a soldier and his unmarried wife when in charge of its mother: 4½d. per diem.

Separation Allowance will not be paid in respect of a child of such a woman of whom the soldier is not the father.

15. Separation Allowance at the rate prescribed for the dependant concerned may be paid in cases in which an Order of a Court has been made for maintenance, and also in any other case upon the approval of the Minister.

Separation Allowance will not be paid in respect of illegitimate children except as, provided in 14.

16. For a mother of a soldier whose father is alive and in work, provided the soldier has allotted to her at least two-fifths of his pay, and provided that such allotment is less than the amount contributed by the soldier in support of the mother’s home prior to enlistment, such an amount, not exceeding 1s. 5d. per diem, as will, when added to the allotment, equal the amount so contributed by the soldier in support of the home prior to enlistment.

“The amount contributed by the soldier in support of the home” means the amount actually paid by him less (in cases where the soldier was living at his mother’s home prior to enlistment) 15s. per week.

Payment of the Allowance at the rates prescribed above is subject to the limitation that the total amount thereof, added to the soldier’s pay (including deferred pay after embarkation), shall not in any case exceed 10s. per diem, and that the prescribed allotment has been made by the soldier in favour of the person to whom the Allowance is to be paid, and that, in the case of “other dependants,” such person is not in receipt of either invalid, old-age, or war pension.

In the case of wives, Separation Allowance will not be payable if a legal or mutual Deed or Agreement of separation exists between the soldier and his wife.

Note.—“Living at Home” is intended to mean living at the home maintained in Australia or New Zealand by the husband for his wife and children irrespective of the locality where it may be necessary for the husband to reside.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The War Financial Regulation, made under the Defence Act 1903-1915, was enacted to provide financial support to the dependents of members of the Australian Imperial Force during World War I. This legislative instrument was introduced to address the financial hardships faced by the families of soldiers who were serving overseas, ensuring that they received a reasonable level of support while their loved ones were away. The regulation, which came into effect on 1st July 1917, established a Separation Allowance for various categories of dependants, including wives, children, parents, and siblings, provided certain conditions were met. The enacting body was the Governor-General in Council, with the Minister of State for Defence, G. F. Pearce, playing a key role in its development. The policy objective was to alleviate the financial burdens on the families of servicemen, thereby supporting the war effort by ensuring the welfare of those left behind.

Scope and Application

The War Financial Regulation, enacted under the Defence Act 1903-1915, applies to members of the Australian Imperial Force and their dependants who receive less than 10 shillings per diem, including deferred pay after embarkation. This regulation outlines the eligibility criteria and conditions for the payment of Separation Allowance to various categories of dependants, such as wives, children, parents, and siblings, with specific rates based on their relationship to the soldier. The regulation is applicable to dependants living in Australia or New Zealand, with specific provisions to ensure that the total allowance does not exceed the soldier's daily pay limit. Exemptions from the allowance include cases where a legal or mutual separation exists, or where the dependant is in receipt of other pensions. The regulation also allows for the approval of the Minister in cases where maintenance orders have been made by a court. The scope of the regulation is further extended through subordinate instructions that may be issued by the relevant authorities.

Key Provisions

The War Financial Regulation (Statutory Rules 1917, No. 250) under the Defence Act 1903-1915 outlines the financial provisions for members of the Australian Imperial Force (AIF) and their dependants. Specifically, Regulation 32 (section 32) stipulates that members of the AIF who receive less than 10 shillings per diem, including deferred pay after embarkation, are entitled to a Separation Allowance. This allowance applies to various dependants such as wives, children, parents, and other relatives, with specific conditions and rates outlined in the regulation. For instance, a wife living at home is entitled to 1 shilling and 5 pence per diem, while each child under sixteen years of age receives 4½ pence per diem. Additionally, the regulation details specific cases such as mothers who become dependent after enlistment, widower fathers, and widows who are solely dependent on the soldier. The obligations imposed by this regulation include the requirement for soldiers to make prescribed allotments to their dependants. The total amount of Separation Allowance, when added to the soldier's pay, must not exceed 10 shillings per diem. Moreover, in cases where a soldier's wife or other dependants are in receipt of an invalid, old-age, or war pension, they are not eligible for Separation Allowance. The regulation also mandates that payments be subject to certain conditions, such as proof of dependency and relationship status, and requires that the soldier has made the prescribed allotment to the dependant in question. Failure to comply with the provisions of this regulation may result in legal consequences. While the regulation itself does not explicitly state penalties, breaches of Defence Act provisions can lead to criminal or civil liabilities under the general laws of the Commonwealth. The Defence Act includes various offences, and penalties can range from fines to imprisonment, depending on the severity of the breach. For example, penalties for defrauding the Commonwealth or for unauthorised use of defence property can be significant, including imprisonment for several years. Therefore, it is crucial for both soldiers and their dependants to adhere strictly to the conditions and requirements set out in the regulation to avoid any potential legal repercussions.

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Defence Law
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Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.