STATUTORY RULES.
1918. No. 121.
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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 fifteenth day of May, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Amendment of War Financial Regulations.
War Financial Regulations are amended as follows:—
Regulation 2 is amended by adding thereto the following words:—
“Deferred pay shall not be payable until the services of a member of the Australian Imperial Force are terminated.”
Regulation 14a is repealed and the following regulation made in lieu thereof:—
“14a. A member of the Australian Imperial Force found to have made a false answer on attestation as to his age who is discharged in consequence of such statement shall forfeit all pay not drawn by him at the date on which the Commandant, Administrative Head-Quarters, or the Officer Commanding the Anzac Mounted Divisional Base, as the case may be, is notified of the intention to return the member to Australia.
All pay that thereafter daily accrues to the member to date of discharge shall also be forfeited provided that:—
(a) A member whose gross rate of pay (including deferred pay) does not exceed 7s. per diem may be paid at the rate of 1s. per diem.
(b) A member whose gross rate of pay (including deferred pay) exceeds 7s. per diem may be paid at the rate of 1s. 6d. per diem.
(c) Where the member concerned has made an allotment from his pay in favour of a dependant, payment of allotment at the compulsory rate for a private together with Separation Allowance may be paid to such dependant and shall not be recovered from the member concerned.
Such payments are approved as a charge against the public.
This regulation shall not apply to members of the Australian Imperial Force who have joined their units in the field, and this paragraph is retrospective in its application, to members of the Australian Imperial Force, who have been discharged prior to the date of promulgation of this regulation.”
To have effect as from 1st May, 1918.
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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.
Overview
The Statutory Rules 1918 No. 121, enacted on 15th May 1918, amends the War Financial Regulations under the Defence Act 1903-1917. This legislation was introduced to address issues pertaining to the financial administration and discipline within the Australian Imperial Force, particularly in relation to deferred pay and false attestation. Made under the authority of the Governor-General, acting on advice from the Federal Executive Council, the policy objective of these regulations is to ensure that members found to have made false statements regarding their age, leading to their discharge, forfeit their pay. These regulations also establish specific rates of pay for members who have forfeited their full pay and provide for the continuation of allotments to dependants as a charge against the public.
Scope and Application
The Regulations under the Defence Act 1903-1917 apply specifically to members of the Australian Imperial Force, impacting their financial entitlements such as deferred pay and forfeiture of pay due to false attestation. These regulations govern the financial conditions of service and discharge for members of the Australian Imperial Force, addressing the payment of deferred pay, the forfeiture of pay for members found to have made false statements regarding their age, and the conditions under which such forfeitures are made. The regulations provide for different rates of forfeiture based on the gross rate of pay of the member and allow for specific payments to be made to dependents without recovery from the member concerned. Notably, these regulations do not apply to members who have already joined their units in the field or those who have been discharged prior to the promulgation date of the regulation. These regulations extend across the Commonwealth of Australia, applying uniformly to all members of the Australian Imperial Force within the jurisdiction.
Key Provisions
The principal changes made to the War Financial Regulations (C1918L00121) include significant modifications to the conditions surrounding deferred pay and the consequences for making false statements about age during attestation. Regulation 2 now states that deferred pay will not be payable until the services of a member of the Australian Imperial Force (AIF) are terminated. This means that any member who is still serving will not receive deferred pay until they leave the service, regardless of their length of service or other circumstances. In Regulation 14a, a new provision replaces the previous regulation, establishing that members found to have provided false age information on attestation and subsequently discharged as a result will forfeit all undrawn pay up to the date of notification of their discharge. Additionally, any pay that accrues daily until the date of their discharge will also be forfeited.
These regulations impose several obligations on AIF members. They must provide accurate information about their age at the time of attestation, as any false statement can lead to forfeiture of pay. Members are also required to comply with the terms regarding deferred pay, understanding that such pay will only be processed upon termination of their service. Furthermore, the regulations require that any allotments made by members in favour of dependents be continued at a compulsory rate for a private, together with Separation Allowance, and that these payments are to be approved as a charge against the public. Members who have already been discharged prior to the promulgation of these regulations are subject to retrospective application of these provisions.
Failure to comply with these regulations can result in serious consequences. Members found to have made false statements about their age forfeit all undrawn pay up to the notification of their discharge and any subsequent pay accruals. The regulation specifies that members whose gross rate of pay does not exceed 7 shillings per diem may be paid at the rate of 1 shilling per diem, while those earning more than 7 shillings per diem may be paid at the rate of 1 shilling and 6 pence per diem. Despite the forfeiture of pay, allotments made to dependents must continue at a compulsory rate for a private, together with Separation Allowance, and are approved as a charge against the public. These regulations come into effect from 1 May 1918.