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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations are the Defence Department’s complete financial and payroll manual for Australia’s Permanent Military Forces, setting pay rates and promotion increments, allowances (housing, travel, subsistence, child endowment), injury/death compensation, and relocation and passage payments.
They also prescribe who may approve and account for military expenditure (Minister, Military Board, District Finance Officers). It affects all ranks and finance staff and ensures uniform pay and strict public‑funds controls.
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Direct links to the current provisions in Military Financial Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1935. No. 83.
REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*
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 1903-1934.*
Dated this fourth day of September, 1935.
ISAAC A. ISAACS,
Governor-General.
By His Excellency’s Command,
ARCHDALE PARKHILL
Minister of State for Defence.
MILITARY FINANCIAL REGULATIONS.
Short title.
1. These Regulations may be cited as the Military Financial Regulations.
1a. Military Financial and Allowance Regulations (Statutory Rule 1926, No. 211) and all amendments thereof are repealed.
Part I.—Definitions.
Effect of the Financial Emergency Act 1931-1934.
2. The rates of pay and allowances prescribed by these Regulations shall be subject to reduction by or under the Financial Emergency Act 1931-1934 in the same manner as they would have been so subject had the regulations been in force at the time of the commencement of that Act.
3. In these Regulations, unless the contrary intention appears—
“Secretary” means the Secretary, Department of Defence,
“The Military Board” means the Military Board, or if the Military Board is not in existence, the officer appointed to command the Military Forces in time of war.
“Finance Member” means the Finance Member of the Military Board.
“Formation, &c., Commander” means Commander of a Cavalry Division or of an Infantry Division or of a Mixed Brigade or of the Field Troops in a Military District, or District Base Commandant or Commandant of the Royal Military College of Australia.
“Command Head-quarters” means the Head-quarters of a Cavalry Division or of an Infantry Division, of a Mixed Brigade or of the Field Troops in a Military District or of a District Base or of the Royal Military College of Australia.
“District Finance Officer” means a person appointed to be District Finance Officer for a Military District.
* Notified in the Commonwealth Gazette on 5th September, 1935.
3443.—Price 3s.
“Receiver of Public Moneys” means a person appointed to be a Receiver for a Military District in accordance with the Treasury Regulations.
“Commanding Officers of Regiments or Corps” in connexion with the administration of moneys received or disbursed on account of regiments or corps shall mean the officers to whom moneys are forwarded or paid for the Services of the regiment or corps.
Part II.—General.
Ministerial approval and delegation of power.
4. The Minister may approve of any expenditure not covered by these Regulations provided that the necessary funds have been made available by parliamentary appropriation or by the Treasury in anticipation of parliamentary appropriation.
Minster may delegate powers.
5. The Minister may, by writing under his hand, delegate any of the powers, functions and authorities conferred upon or vested in him by these Regulations. Every delegation under this regulation shall be revocable at will and no delegation shall prevent the exercise of any power, function or authority by the Minister.
Power of Military Board.
6. All powers vested under these Regulations in formation, &c., commanders or District Finance Officers may also be exercised by the Military Board.
Aide-de-camp, &c.
7. An appointment as aide-de-camp to the Governor-General or a Governor of a State or an appointment as honorary physician or honorary surgeon to the Governor-General shall not entitle an officer to any pay or allowances.
Part III.—Procedure.
Responsibility of formation commanders.
8. Formation, &c. commanders shall be responsible for—
(i) enforcing due economy on all officers and others charged with any expenditure of public moneys or with the care, use or expenditure of stores;
(ii) the economical expenditure of all moneys provided in the annual allocation of funds for their respective commands, and shall be further responsible that no liability is incurred in excess of the provision made.
Part IV.—Duties of District Finance Officers.
D. F. O. may approve all requisitions.
9. The District Finance Officer is authorized to approve of all requisitions for supplies within the votes on the estimates which are governed by regulations.
D. F. O. may approve all expenditure.
10. The District Finance Officer is authorized to approve of expenditure under the divisions or subdivisions of any votes for contingencies, general services, maintenance of existing arms and equipment, and Expeditionary forces, provided that he has satisfied himself that funds are available; that the requirements of the remaining period of the financial year will not involve the necessity for applying for additional funds on any vote concerned; that there is nothing irregular in the character of the expenditure; and that it is not an allowance or payment to any member of the Forces, except such as is governed by regulations and does not require ministerial approval. No new vote or item shall be operated upon or expenditure incurred in connexion therewith without approval from Army Head-quarters, until such vote or item has been passed by Parliament.
Expenditure from salaries votes.
11. (i) An amount provided on the Appropriation Act as salary for one appointment shall not be utilized for the payment of the salaries or portions thereof of two persons for the same period.
(ii) No officer shall be paid the salary of any position to which he has not been appointed by order in council.
(iii) In no case, unless governed by regulation, shall an allowance be paid to any member of the Forces, unless such allowance be authorized by the Minister, or by the Military Board.
(iv) Subject to regulation any expenditure provided for by a Parliamentary appropriation and not covered by regulations must be approved by the Minister in accordance with regulation 4.
(v) Salaries must not be paid from any vote other than a pay vote.
12. The District Finance Officer shall be liable for the amount of disallowances arising from errors or over-issues made by him in disregard of regulations or in the absence of proper authority.
Procedure regarding queried claims.
13. (i) The District Finance Officer shall, in the event of receiving any claim which appears to him not authorized by regulations or instructions, or in regard to which there is a doubt as to the admissibility of any charge, point out same, in writing, to the formation, &c. commander. Should the formation, &c. commander consider that, on the contrary such claim is covered by regulations or authority, and that the charges are admissible, an immediate report as to the circumstances of the case shall be forwarded by him to the Military Board, together with all relating papers. The account in dispute shall not be paid without the approval of the Military Board, whose decision shall be passed without delay to the District Finance Officer and the formation, &c., commander concerned.
(ii) The District Finance Officer shall also represent in writing to the formation, &c. commander any matter which comes to his knowledge wherein he considers that savings of expenditure could be effected. A copy of every such representation and of the formation, &c. commander’s remarks shall be immediately forwarded to the Military Board.
3443.—2
Recovery of vouchers, &c.
14. Should difficulty be experienced in recovering vouchers supporting receipts, statements, &c., or money due from officers or others, the District Finance Officer shall at once represent the circumstances in writing to the formation, &c. commander concerned, who shall, if necessary, refer the matter to the Military Board.
Part V.—Pay of Permanent Military Forces.
(1) Conditions Governing Pay.
Contractors ineligible to hold appointments.
15. No person holding a contract with the Defence Department shall be eligible to hold a permanent appointment in the Defence Department.
Pay from date of appointment.
(b) All appointments shall be at the minimum rate of pay for the respective rank, class, grade, or position to which appointed except with the approval of the Minister on the recommendation of the Military Board.
Increments.
17. All increments provided in these Regulations shall be subject to provision being made by Parliament and to such conditions as may be prescribed. In the case of officers no increment may be paid unless approved by the Military Board and in the case of other ranks unless approved by the formation, &c. commander. The right to receive an increment in any year shall depend upon good and diligent conduct and efficiency.
18. Except where otherwise provided in these Regulations, formation, &c. commanders are authorized to approve of increments to warrant officers, non-commissioned officers and men of the Permanent Forces under their command, where such increments are prescribed by the regulations and provided in the Appropriation Act.
19. Notwithstanding anything contained in regulation 29 but subject to regulation 17—
(i) An increment for which an officer is eligible subject to his having passed the prescribed examination for promotion to higher rank shall, after he has passed the first of such examinations which is available to him, be payable from the date from which it would have been payable had no condition of passing the examination been attached to it; otherwise and except as provided in sub-paragraph (ii) of this regulation such increment shall be payable only from the date upon which the examination is passed.
(ii) In the case of an officer sent abroad for training or other duty before the completion of the last promotion examination available to him prior to the date upon which an increment would have been payable had he passed
previously the prescribed examination for promotion, the requirement of passing examinations to qualify for increment may, upon the approval of the Military Board, be waived until such officer returns to Australia. Upon the officer’s return to Australia, no further increment shall be payable to him until after he has passed the prescribed examination for promotion and the date from which such increment will be payable shall be fixed in accordance with the provisions of sub-paragraph (i) of this regulation regarding increments dependent upon passing the prescribed examination for promotion.
Establishment.
20. Officers and others in excess of the authorized number of any rank may be carried on the strength, provided that there are vacancies in higher ranks, and that the total Establishment be not exceeded.
Promotion.
21. All persons whose pay is governed by these Regulations shall, on promotion to a rank or position carrying a higher rate or improved conditions of pay, draw such pay from the date of promotion, provided that if the duties of the higher rank or position are not taken up within one month from the date of promotion the higher rate of pay shall only be drawn from the date of actually taking up duty or from such date as the Minister may direct.
Reversion to regimental pay.
22. Officers returning to their regiment or corps after holding a position for which they were paid at a higher rate than the regimental pay of their rank, shall revert to the regimental pay.
Brevet, honorary or acting rank.
23. (i) Members holding brevet, honorary, or acting rank or appointment shall receive the rates of pay fixed for their substantive rank or permanent appointment.
Temporary rank.
(ii) Members temporarily holding higher rank after a period of one month in such rank shall in the case of officers, on the approval of the Military Board, and in the case of warrant and non-commissioned officers and men, on the approval of the formation, &c. commander, be paid the minimum pay of their temporary rank, provided that a vacancy exists on the establishment of the unit concerned for such higher rank.
(iii) A member granted the temporary rank of warrant officer (class II.) or of warrant officer of any higher grade who holds such rank or grade for a continuous period, shall be entitled to consideration for increments as though he had been permanently promoted to such rank or grade, provided that the first increment shall not be granted until after 12 months from the date on which the temporary higher rank or grade took effect.
(iv) In the event of a warrant officer holding temporary rank or grade as such being permanently promoted to that rank or grade, he shall not suffer any reduction in salary or increments and shall receive increments in the same manner as he would have received them had his temporary rank or grade been permanent.
(v) Travelling allowance to a member receiving pay under this regulation shall be payable as though the temporary rank or grade were permanent.
Pay includes allowances.
24. The prescribed rates of pay shall include all allowances except where otherwise provided for in these Regulations.
Daily rates.
25. Daily rates of pay shall be calculated at one-seventh of the weekly rate, or one three hundred and sixty-fifth of the yearly rate.
Date of retirement.
26. Under no circumstances shall a member be granted pay for any period after the date on which he was, in the ordinary course, due for retirement, unless authority for the extension of his services has first been obtained.
(2) Rates of Pay.
Variations in cost of living.
27. (i) The pay of members of the Permanent Military Forces shall be varied in accordance with variations in cost of living in the following manner:—Where the Commonwealth Statistician notifies in the Gazette the retail price index number for the six State capital cities of the Commonwealth for the twelve months preceding the first day of January in any year commencing with the twelve months preceding the first day of January, one thousand nine hundred and thirty-three, the pay of each member of the Permanent Military Forces payable in pursuance of the provisions of regulations 28, 29, 31-42 of these Regulations shall be varied in accordance with the reduction or increase prescribed as follows:—
| When the index number comes between— | Reduction per annum. | Increase per annum. |
|---|---|---|
| £ | £ | |
| 1889 and 1936 both inclusive............ | . | 33 |
| 1841 and 1888 both inclusive............ | . | 27 |
| 1793 and 1840 both inclusive............ | . | 21 |
| 1745 and 1792 both inclusive............ | . | 15 |
| 1672 and 1744 both inclusive............ | . | 9 |
| 1624 and 1671 both inclusive............ | . | 3 |
| 1576 and 1623 both inclusive............ | 3 | . |
| 1528 and 1575 both inclusive............ | 8 | . |
| 1480 and 1527 both inclusive............ | 15 | . |
| 1432 and 1479 both inclusive............ | 21 | . |
| 1384 and 1431 both inclusive............ | 27 | . |
| 1336 and 1383 both inclusive............ | 33 | . |
(ii) Any variation made in pursuance of the last preceding sub-regulation shall take effect on the first day of July next following the notification in the Gazette of the index number and shall continue in force for a period of twelve months.
(iii) In this regulation “index number” means the Harvester all-items
This is an opening excerpt, not the complete document.