War Financial Regulations (Amendment)

Overview

The Statutory Rules 1917 No. 235, introduced under the Defence Act 1903-1915, was enacted to address the financial implications for members of the Australian Imperial Force who, despite embarking for active service abroad, disembarked within Australia. This legislative instrument, dated 19 September 1917, was established 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 in accordance with the provisions of the Constitution. The regulation aims to ensure that such members receive appropriate pay and financial entitlements by amending the War Financial Regulations dated 28 February 1917, inserting a new Regulation 2b to account for these members. The policy objective behind this amendment is to provide clarity and financial security for soldiers who, for various reasons, do not leave Australian territory despite their initial embarkation for overseas service.

Scope and Application

This legislative instrument, Statutory Rules 1917 No. 235, constitutes a regulation made under the Defence Act 1903-1915. The regulation applies to members of the Australian Imperial Force who, having embarked for active service abroad, do not leave the limits of the Commonwealth and instead disembark in Australia. It specifies that pay for these members should be calculated at the rates prescribed in Regulation 1. The geographic scope of this legislation is limited to the Commonwealth of Australia and it is applicable to a specific group of individuals within the Australian Imperial Force. There are no exclusions, exemptions, or thresholds mentioned in the text, and the regulation extends the existing War Financial Regulations dated 28th February, 1917 (Statutory Rules 1917 No. 49) by introducing a new Regulation 2b. The regulation comes into operation immediately, dated 19th September, 1917, and is made by the Deputy of the Governor-General, acting on the advice of the Federal Executive Council.

Key Provisions

The main operative section of this statutory rule, Regulation 2b, specifies that for members of the Australian Imperial Force who embark for active service abroad but do not leave the Commonwealth and instead disembark in Australia, their pay will be calculated at the rates prescribed in Regulation 1 (2b). This ensures that even if these members do not complete their intended deployment outside Australia, they will still receive appropriate compensation for their service. Under this regulation, the obligations and requirements placed upon the Defence Department and the Australian Imperial Force members include the calculation and disbursement of pay according to the stipulated rates for those who embark but do not leave the Commonwealth. The Department must ensure that the pay calculations accurately reflect the provisions of Regulation 1, providing financial support to those members who are temporarily within Australian jurisdiction despite their initial embarkation for overseas service. In terms of the consequences for non-compliance or breaches, the statutory rules do not explicitly outline specific offences or penalties for this regulation. However, given the context of the Defence Act 1903-1915, breaches could potentially lead to disciplinary actions under military law, as well as administrative penalties as deemed appropriate by the Defence Department. The lack of explicit penalties in this particular regulation suggests that adherence to the pay calculation provisions is considered crucial to maintaining the integrity and functionality of military financial support systems.