STATUTORY RULES.
1917. No. 236.
REGULATION UNDER THE DEFENCE ACT 1903-1915.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, 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 this nineteenth day of September, 1917.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command.
G. F. PEARCE,
Minister of State for Defence.
Regulation 2 of War Financial Regulations dated 28th February 1917 (Statutory Rules 1917 No. 49) is amended as follows, to take effect as from 21st July, 1917:—
(i) Delete the words “all Drivers in Motor Transport Units and of all Motor Lorries’’ and substitute in lieu thereof “Motor Transport Drivers.”
(ii) For “Shoeing Smith and Driver (including Drivers of Motor Vehicles other than Motor Cycles and those specified above)” read “Shoeing Smith and Driver*”.
(iii) After the words “Cleaners and Wagonmen (Mechanical Transport)” insert “Motor Cyclists.”
(iv) Add the following footnote:—
“*The Minister may approve of any Motor Driver (other than a Motor Cyclist) being paid at the rate of either 7s. or 8s. per diem for any period subsequent to embarkation from Australia and prior to the 21st July. 1917.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.11260.—Price 3d.
Overview
The Statutory Rules 1917 No. 236, made under the Defence Act 1903-1915, was enacted to address the need for amendments to the War Financial Regulations to ensure that the pay rates for various roles in motor transport units were appropriately updated and clarified. This regulation was issued by Sir Arthur Stanley, the Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General with the advice of the Federal Executive Council. The policy objective was to amend the existing financial regulations to ensure that all personnel involved in motor transport were compensated fairly and according to their specific roles, particularly in the context of World War I. This included making adjustments to the rates of pay for motor transport drivers, shoeing smiths, and motor cyclists, as well as clarifying the conditions under which these rates could be applied.
Scope and Application
The Statutory Rules 1917 No. 236, made under the Defence Act 1903-1915, pertain to amendments in the War Financial Regulations, specifically affecting the remuneration of certain personnel within the military during the First World War. This regulation applies to Motor Transport Drivers, Shoeing Smiths, Drivers (including those of motor vehicles excluding motor cycles), Cleaners, Wagonmen (Mechanical Transport), and Motor Cyclists who are part of the motor transport units. The regulation aims to streamline and adjust the payment rates for these personnel, reflecting changes in their roles and responsibilities. The amendment allows the Minister to approve payments at rates of either 7 shillings or 8 shillings per day for Motor Drivers (excluding Motor Cyclists) for a period following their embarkation from Australia up until July 21, 1917. This regulation extends across the Commonwealth of Australia, ensuring a uniform approach to the financial compensation of these specific military personnel.
Key Provisions
The principal sections of this legislative instrument concern the amendment of Regulation 2 of the War Financial Regulations, which were originally made under the Defence Act 1903-1915. The key amendment, as specified in the first section, replaces the term “all Drivers in Motor Transport Units and of all Motor Lorries” with “Motor Transport Drivers.” This alteration narrows the scope of personnel covered by the financial regulations pertaining to motor transport drivers. The second section modifies the phrase “Shoeing Smith and Driver (including Drivers of Motor Vehicles other than Motor Cycles and those specified above)” to “Shoeing Smith and Driver.” This change streamlines the categories of personnel covered, potentially reducing administrative complexity. The third section introduces the category of “Motor Cyclists” after “Cleaners and Wagonmen (Mechanical Transport).” This inclusion ensures that motor cyclists are also covered under the financial regulations. The final section adds a footnote clarifying that the Minister may approve the payment of motor drivers, other than motor cyclists, at rates of either 7 shillings or 8 shillings per day for a specified period.
These amendments impose obligations on the relevant authorities to ensure that the financial provisions are applied correctly to the newly defined categories of personnel. The authorities must identify and classify personnel accurately to determine their eligibility for the specified rates of payment. For instance, they need to distinguish between motor transport drivers, shoeing smiths, and drivers, as well as include motor cyclists in the financial regulations. The Minister’s approval for the specified rates of payment also imposes an additional procedural requirement, necessitating a formal approval process before any payments are disbursed at the approved rates.
The consequences for non-compliance with these financial regulations are not explicitly stated in the legislative instrument. However, breaches of regulations made under the Defence Act 1903-1915 could potentially lead to administrative penalties or legal actions. The Defence Act itself does not specify penalties for such breaches, but under general Australian law, non-compliance with statutory regulations could result in civil penalties, such as fines or restitution, and potentially criminal charges if the breach is severe enough. The exact nature and severity of penalties would depend on the specific circumstances of the breach and the applicable laws at the time.