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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This Act has been repealed and is no longer in force. It is retained for historical reference.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 create the full pay-and-entitlements system for Australian soldiers, nurses, and related forces in WWII, covering who is paid, how much, and what extra support they get for dependants, travel, uniforms, field duty and command responsibilities.
They also set a compulsory deferred-pay savings scheme, family allotments and dependants’ allowances, and penalties for misconduct—forming the financial backbone that kept personnel and their families supported during overseas service.
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in War Financial (Military Services) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1941. No. 218.
REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
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 1903-1941.
Dated this Third
day of September , 1941.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
WAR FINANCIAL (MILITARY FORCES) REGULATIONS.
Part I.—Preliminary.
Citation and administration.
1.—(1.) These Regulations may be cited as the War Financial (Military Forces) Regulations.
(2.) These Regulations shall be administered by the Minister of State for the Army.
Commencement.
2.—(1.) These Regulations, except regulations 18 and 19 and sub-regulation (3.) of regulation 68, shall be deemed to have come into operation as on and from the sixth day of October, 1939.
(2.) Sub-regulations (1.) and (3.) of regulation 18 and sub-regulations (1.) and (3.) of regulation 19 of these Regulations shall be deemed to have come into operation as on and from the twelfth day of June, 1940.
(3.) Sub-regulation (2.) of regulation 18 and sub-regulation (2.) of regulation 19 of these Regulations shall be deemed to have come into operation as on and from the fifteenth day of May, 1941.
(4.) Sub-regulation (3.) of regulation 68 of these Regulations shall be deemed to have come into operation as on and from the sixth day of June, 1940.
Parts.
Part I. —Preliminary.
Part II. —Pay and Pay Allowances.
Part III. —Allotments and Dependants Allowances.
Part IV. —Travelling and Subsistence.
Part V. —Clothing and Outfit Allowances.
* Notified in the Commonwealth Gazette on , 1941.
1809.—24/23.8.1941.—Price 1s. 3d.
Definitions.
4.—(1.) In these Regulations, unless the contrary intention appears—
“child” means any person under the age of sixteen years, who is a legitimate or illegitimate son, daughter, step-son or step-daughter or a legally adopted son or daughter of a member;
“de facto wife” means, in relation to any member, any woman who for a period of not less than six months immediately prior to the member’s enlistment or appointment lived with him as his wife, though not legally married to him;
“member” means—
(a) any person appointed to or enlisted in the Australian Imperial Force or any person first appointed to or enlisted in any other part of the Permanent Military Forces on or after the sixth day of October, 1939; or
(b) any officer or soldier appointed or transferred to or seconded for service with the Australian Imperial Force who, at the date of his appointment or transfer to or secondment for service with that Force, was—
(i) a member of the Permanent Military Forces appointed or enlisted prior to the sixth day of October, 1939; or
(ii) a member of the Australian Staff Corps or of the Corps of Staff Cadets; or
(c) any member of the Citizen Military Forces who has been called up for continuous full time war service other than service for a specified period less than for the duration of the war; or
(d) any nurse who is employed on continuous full time duty;
“nurse” means any member of the Australian Army Nursing Service and includes a staff masseuse or masseuse;
“pay allowances” includes field allowance, command allowance, special allowance, exchange allowance and any allowance payable under regulation 9 of these Regulations;
“prescribed authority” means the Minister, the Military Board, the Chief Accountant, A.I.F., any District Finance Officer, any Assistant District Finance Officer, the Chief Paymaster, A.I.F., or any Assistant Chief Paymaster, A.I.F., as the case requires;
“separated wife” means, in relation to any member, his wife who is living apart from him in pursuance of a decree, judgment, order or deed of separation or by reason of desertion by either party, or in circumstances which, in the opinion of a prescribed authority, are analogous thereto;
“standard rate”, in relation to an allotment or allotments from a member’s pay, means—
(a) in the case of an officer, a matron-in-chief, a principal matron or a matron, a total rate of five shillings per day; and
(b) in the case of a soldier, a sister, a staff masseuse, a staff nurse or a masseuse, a total rate of three shillings per day;
“the Act” means the Defence Act 1903-1941.
(2.) In these Regulations any reference to the date of embarkation of a member shall be read as a reference to the date upon which the member embarks on a ship or aircraft for service outside Australia, but shall not be deemed to refer to the embarkation of a member who subsequently disembarks in Australia from that ship or aircraft and does not proceed forthwith in the same or in another ship or aircraft for service outside Australia. In the case of a member who at the time of his appointment, enlistment, transfer or secondment is not in Australia, any reference to the date of embarkation shall be read as a reference to the date of his appointment, enlistment, transfer or secondment.
Application of Regulations.
Provided that, where the total amount of daily pay and allowances payable under the Military Financial Regulations to a member of the Citizen Military Forces called up for continuous full time war service for the duration of the war and employed on that service before the sixth day of October, 1939, was higher than the total amount of daily pay and allowances payable under these Regulations, that higher amount may be paid to him up to and including the fifteenth day of November, 1939.
Delegations.
6.—(1.) The Minister may, by writing under his hand, delegate any power, duty or function conferred or imposed on him by these Regulations.
(2.) The Military Board may delegate to any officer any power, duty or function conferred or imposed on the Board by these Regulations.
(3.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise or performance of any power, duty or function by the Minister or the Military Board, as the case may be.
(4.) A delegation under this regulation shall not lapse or be revoked by the Minister ceasing to hold office by death or otherwise, or by reason of the powers or functions of the Military Board becoming vested in an officer appointed to command the Military Forces in time of war.
Part II. —Pay and Pay Allowances.
Pay.
7.—(1.) Subject to the provisions of sub-regulation (3.) of this regulation, the daily rate of pay of a member (other than a member to whom regulation 16 of these Regulations applies) in respect of his service up to and including the day before the date of his embarkation
shall be the rate specified in column 2 of the First Schedule to these Regulations opposite to the designation of his rank, appointment or classification in column 1 of that Schedule.
(2.) The daily rate of active pay of a member in respect of his service on and after the date of his embarkation shall be the rate specified in column 3 of the First Schedule to these Regulations opposite to the designation of his rank, appointment or classification in column 1 of that Schedule.
(3.) A member of the Australian Imperial Force who has not embarked for service outside Australia within the period of six months from the commencement of his service in that Force, or who, within that period, has been stationed at an Operational Station shall be paid the daily rate of active pay specified in column 3 of the First Schedule to these Regulations opposite to the designation of his rank, appointment or classification as from the date upon which he completed a period of six months’ service or was detailed for duty at the Operational Station, whichever first occurs.
(4.) For the purposes of this regulation, the Minister shall determine the Group within which any particular tradesman or specialist or class of tradesmen or specialists shall be classified.
(5.) The Minister may, by order, declare any place to be an Operational Station for the purposes of this and the next succeeding regulation, and shall specify therein a date as from which the station shall be deemed to be or to have been an Operational Station for the purposes of those regulations.
Deferred pay.
8.—(1.) Subject to these Regulations, deferred pay shall be credited to the account of each member in respect of his service on or after the date of his embarkation at the rate specified in column 4, of the First Schedule to these Regulations opposite to the designation of his rank, appointment or classification in column 1 of that Schedule.
(2.) Deferred pay shall not be payable in respect of any day for which a member is granted leave without pay.
(3.) Deferred pay shall be forfeited for any day for which a member’s active pay is forfeited, except in the case of a forfeiture under regulation 25 of these Regulations, in which case one-third of his daily rate of deferred pay shall be forfeited for each day of the period of that forfeiture.
(4.) Interest at the prescribed rate shall be credited to the account of a member at the end of the second and each subsequent year of his service after the date of his embarkation on the amount of deferred pay accumulated to his credit at the end of the previous year of that service. Interest credited to a member’s deferred pay account shall be considered as part of his accumulated deferred pay and shall bear interest accordingly.
(5.) When deferred pay becomes payable in accordance with the next succeeding sub-regulation, interest on the amount of accumulated deferred pay of the member at the end of the last completed year of his service after the date of his embarkation shall be allowed for the period from the end of that year to the date upon which his pay ceases in accordance with these Regulations.
(6.) The deferred pay accumulated to a member’s credit, including interest thereon, shall become payable upon the termination of his service, hut shall be subject to a deduction of any amount standing to his debit in his pay account.
(7.) The prescribed rate of interest for the purposes of this regulation shall be—
(a) for the period prior to the first day of January, 1941, three and one-half per centum per annum;
(b) for the period from and including the first day of January, 1941, to and including the thirty-first day of December, 1941, three per centum per annum; and
(c) for any period after the thirty-first day of December, 1941, such rate as is from time to time fixed by the Treasurer by notice in the Gazette.
(8.) A member of the Australian Imperial Force who has not embarked for service outside Australia within the period of six months from the commencement of his service in that Force, or who, within that period, has been stationed at an Operational Station shall be entitled to be credited with deferred pay in accordance with the provisions of this regulation, and, for this purpose, the date upon which he completed a period of six months’ service or was detailed for duty at the Operational Station, whichever first occurs, shall be deemed to be the date of his embarkation.
Member of Permanent Military Forces appointed or transferred to or seconded for service with Australian Imperial Force.
9.—(1.) For the purposes of this regulation—
“A.I.F. rate” means, in relation to a member to whom this regulation applies, the total amount of—
(a) his daily rate of pay under these Regulations;
(b) the daily rate of command allowance (if any) and of special allowance (if any) payable to him under these Regulations; and
(c) the daily rate of dependants allowance (if any) payable under these Regulations in respect of the member;
“permanent force rate” means, in relation to a member to whom this regulation applies, the total amount of—
(a) his daily rate of pay and the amount per day of Child Endowment (if any) payable to him under the Military Financial Regulations at the date immediately prior to the date on which he was appointed or transferred to, or seconded for service with, the Australian Imperial Force; or
(b) if at any time after the first-mentioned date, the daily rate of pay would, under the conditions prescribed by regulation 27 of those Regulations, have been subject to increase or reduction, or if the amount per day of Child Endowment would, under the conditions prescribed by regulation 50 of those Regulations, have been increased or reduced, or become or ceased to be payable, the daily rate of pay and of Child Endowment (if any) , as so varied or payable from time to time,
less the total amount of—
(c) the daily rate of his contributions under the Superannuation Act 1922-1937; and
(d) in the case of a member other than a married member, the rate of two shillings and five pence per day.
(2.) This regulation shall apply to members of the class specified in paragraph (b) of the definition of “member” in regulation 4 of these Regulations, and any reference to a member in the succeeding provisions of this regulation shall be read as a reference to a member of that class.
(3.) Subject to this regulation, a member’s pay and allowances shall be at the rates specified in these Regulations, but, if his permanent force rate exceeds his A.I.F. rate, he may be paid, in addition, an allowance of an amount equal to the difference.
(4.) If at the date on which a member is appointed or transferred to, or seconded for service with, the Australian Imperial Force, his A.I.F. rate equals or exceeds his permanent force rate, he shall not be eligible for any allowance under sub-regulation (3.) of this regulation at any time during the period of his service with the Australian Imperial Force.
(5.) If at any time subsequent to the date on which a member is appointed or transferred to, or seconded for service with, the Australian Imperial Force, during the period of his service with that Force, his A.I.F. rate equals or exceeds his permanent force rate, he shall from that time cease to be eligible for any allowance under sub-regulation (3.) of this regulation.
(6.) During any period for which, in accordance with the provisions of regulation 22 of these Regulations, exchange allowance is payable to any member he shall be paid an additional exchange allowance at the rate of twenty-five per centum on two-fifths of the amount of any allowance payable to him under sub-regulation (3.) of this regulation.
Acting rank.
Honorary rank.
Provisional rank.
Temporary rank.
Chaplains.
This is an opening excerpt, not the complete document.