STATUTORY RULES.
1917. No. 268.
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REGULATIONS 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 Regulations under the Defence Act 1903-1915, to come into operation forthwith.
Dated this tenth day of October, 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Regulations 13 and 37 of War Financial Regulations are repealed and the following new Regulations made in lieu thereof:—
13. When any member of the Australian Imperial Force, either by award of Commanding Officer or Court Martial or as a consequence of offences committed, forfeits any pay due to him, the amount of pay so forfeited shall include for each day of forfeiture the whole of his daily pay including deferred pay, field allowance and extra duty pay.
13a. A member of the Australian Imperial Force will forfeit all pay as in Regulation 13 for every day during which he is in hospital suffering from venereal disease except as provided in Regulations 13b and 14.
13b. In the event of the death of a member whilst on active service, any forfeiture which has been incurred abroad on account of venereal disease will be remitted.
To take effect as from 3rd July, 1917.
37(i) Notwithstanding the provisions of Regulations 13 and 13a in regard to the forfeiture of pay in certain circumstances, any allotment made by a member of the A.I.F. to his bonâ fide dependants will, except in the case of discharge or dismissal as hereinafter mentioned, be continued to be paid during the period of such forfeiture, provided that the amount of such allotment does not exceed the prescribed rate for private (e.g., for wife only, 2s. per diem, and for wife and children 3s. per diem). An allotment payable to a bonâ fide dependant and exceeding the prescribed rate will be reduced to such rate and be continued accordingly for the period of the forfeiture.
(ii) In addition, separation allowance will continue to be paid to the allottee of a private who is already in receipt of same, and will also be paid to the allottee of any other member who is undergoing stoppage of pay, on the same conditions and at the same rate
C.13698.—Price 3d.
as if the member were a private, but where the forfeiture has been incurred in Australia the amount of separation allowance will be limited to 2s. per diem.
(iii) No payment under this Regulation will exceed the amount originally payable to the allottee.
(iv) Where the forfeiture has been incurred abroad, any sums paid to dependants under the provisions of paragraph (i) and where the forfeiture has been incurred in Australia, any sums paid to dependants under the provisions of paragraphs (i) and (ii), will be deducted from any amount standing to the credit or becoming due to the member concerned, and should there be a debit balance against his account on the expiry of the period of forfeiture, the reduction in the allotment shall continue until the debit is liquidated, the member’s drawings being restricted to an amount not exceeding 6d. per day for a soldier and 3s. 6d. per day for an officer.
(v) In the case of a member who is sentenced by Court Martial to dismissal or discharge from the Australian Imperial Force, all payments to or on account of such member, whether to dependants, or otherwise, will cease on and from the date of the award of the Court.
To take effect as from 1st September, 1917.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1917, No. 268, were enacted to amend certain financial regulations under the Defence Act 1903-1915. These regulations, made by the Governor-General in Council, were intended to address issues related to the forfeiture of pay for members of the Australian Imperial Force (AIF), particularly in cases involving disciplinary actions and medical conditions such as venereal disease. The overarching aim of these regulations was to ensure that while certain members of the AIF forfeit their pay under specific circumstances, their dependents would still receive financial support within prescribed limits. The policy objective appears to be to maintain a balance between enforcing discipline and supporting the dependents of service members, while also managing the financial implications for the Commonwealth.
Scope and Application
The statutory rules outlined in this legislative instrument pertain specifically to the Defence Act 1903-1915 and are directed towards members of the Australian Imperial Force. These regulations primarily address the forfeiture of pay under specific circumstances, such as offences committed by the members, their inhospitalisation due to venereal diseases, and forfeitures incurred during active service. The application of these regulations is intended to ensure that financial implications of disciplinary actions and health-related forfeitures are clearly defined and consistently enforced. The regulations also address the continuation of allotments and separation allowances to bona fide dependents under certain conditions, with provisions for adjustments and limitations based on the member's circumstances and location. The rules are designed to apply nationally, reflecting the Commonwealth's role in regulating military financial matters during wartime. Subordinate instruments may further extend or refine the application of these regulations as necessary, ensuring that the financial aspects of military service are managed effectively and fairly.
Key Provisions
The Regulations under the Defence Act 1903-1915, particularly those concerning the financial aspects of the Australian Imperial Force (AIF), provide detailed rules about the forfeiture of pay and the continuation of allotments. Regulation 13 states that any member of the AIF who forfeits their pay due to an award by a Commanding Officer or Court Martial, or as a consequence of committed offences, will forfeit their entire daily pay, which includes deferred pay, field allowance, and extra duty pay, for each day of the forfeiture. Regulation 13a further stipulates that a member will forfeit all pay for every day they are in hospital suffering from venereal disease, except under specific circumstances outlined in Regulations 13b and 14. If a member dies while on active service, any forfeiture incurred abroad due to venereal disease will be remitted, as per Regulation 13b.
These Regulations impose several obligations on the parties involved. Members of the AIF are required to forfeit their entire daily pay, including various allowances, if they are found guilty of offences or other reasons as determined by their Commanding Officer or Court Martial. Additionally, allotments made to bona fide dependants, such as spouses and children, must adhere to the prescribed rates and continue to be paid during the period of pay forfeiture, unless the member is discharged or dismissed from the AIF. The allotments should not exceed the specified rates, which are 2 shillings per day for a wife and 3 shillings per day for a wife and children.
There are significant consequences outlined in the Regulations for any breach of the stipulated provisions. Members who are found guilty of offences that lead to the forfeiture of their pay will suffer a complete loss of their daily earnings, which can have severe financial repercussions for them and their dependants. The allotments to dependants, although continued, are subject to strict limits and reductions if the member's account has a debit balance upon the expiry of the forfeiture period. In the case of a member sentenced to dismissal or discharge from the AIF by a Court Martial, all payments to or on account of the member will cease immediately from the date of the Court Martial's award. The Regulations do not explicitly mention specific penalties for breaches, but the financial consequences of forfeiture and cessation of payments serve as substantial deterrents.