Statutory Rules
1976 No. 161
REGULATION UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 1923.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this twenty-ninth day of July, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
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Amendments of the Defence Force (Bounties and Gratuities) Regulations†
Advances to other ranks after 3 years and 6 years service.
Regulation 19 of the Defence Force (Bounties and Gratuities) Regulations is amended—
(a) by omitting from sub-regulation (1) the word “ Minister ” (first occurring) and substituting the word “ Authority ”;
(b) by omitting from sub-regulation (1) the words “ Minister, on an application made ” and substituting the words “ Authority or a person authorized by the Authority for the purposes of this regulation, on an application made to the Authority ”;
(c) by omitting from sub-regulation (2) the word “ Minister ” (first occurring) and substituting the word “ Authority ”; and
(d) by omitting from sub-regulation (2) the words “ Minister, on an application made ” and substituting the words “ Authority or a person authorized by the Authority for the purposes of this regulation, on an application made to the Authority ”.
* Notified in the Australian Government Gazette on 3 August 1976.
† Statutory Rules 1973, No. 110, as amended by Statutory Rules 1973, Nos. 169 and 272; 1974, Nos. 1 and 40; 1975, No. 82; and 1976, No. 40.
Overview
Statutory Rules 1976 No. 161, enacted under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, was introduced to amend the Defence Force (Bounties and Gratuities) Regulations, specifically addressing the procedural aspects of advances given to service members. This regulation was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary aim of this legislative instrument was to streamline the application process for financial advances by adjusting the roles and responsibilities outlined in the original regulations, thereby improving the efficiency of financial assistance provided to military personnel.
Scope and Application
Statutory Rules 1976 No. 161, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, primarily targets members of the Australian Defence Force (ADF) and their entitlements, specifically focusing on bounties and gratuities for other ranks after certain years of service. The Regulation amends the Defence Force (Bounties and Gratuities) Regulations by altering the application process for financial advances, shifting the responsibility from the Minister to the Authority or an authorised person. This regulation applies nationally across Australia, impacting all members of the ADF regardless of their location or the specific branch they serve in. Notably, the regulation does not explicitly outline any exclusions, exemptions, or thresholds, suggesting a broad application to all eligible ADF personnel. The application of this regulation is further extended or restricted through subordinate instruments, which may provide additional details or specific conditions under which the amended provisions are applied.
Key Provisions
The Statutory Rules 1976 No. 161, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, primarily focus on amending the Defence Force (Bounties and Gratuities) Regulations. Specifically, Regulation 19 is modified to streamline the process for the payment of advances to other ranks in the defence forces after specified periods of service. The key changes include the substitution of the term "Authority" for "Minister" and adjustments to the application process, making it more efficient (Reg. 19(1)-(2)).
These amendments impose certain obligations on the parties involved. The Authority, or an authorised person, is now responsible for processing applications for advances to other ranks after 3 years and 6 years of service. This shift in responsibility ensures that the application process is handled more promptly and effectively, reflecting a more streamlined bureaucratic process (Reg. 19(1)-(2)).
Failure to comply with the provisions of this regulation could potentially lead to legal consequences, although specific offences, penalties, or consequences are not explicitly detailed within the text of this regulation. The overarching Acts under which these regulations are made, however, provide a framework for potential penalties in the event of non-compliance, which may include fines or other administrative actions as stipulated in the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The exact penalties would depend on the nature and severity of the breach.
Overall, the amendments aim to enhance the operational efficiency of the application process for financial advances within the defence forces, ensuring that service members receive their entitlements in a timely manner. This regulation underscores the importance of clear, efficient administrative procedures within the defence sector, aligning with the broader objectives of the Defence Force (Bounties and Gratuities) Regulations.