Defence Force (Darwin) (Temporary Conditions of Service) Regulations

Legislation au C1976L00127 Regulations Not in force Legislative Instrument

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1976 No. 127

REGULATIONS UNDER THE DEFENCE ACT 1903-1975, THE NAVAL DEFENCE ACT 1910-1975 AND THE AIR FORCE ACT 1923-1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1975, the Naval Defence Act 1910-1975, and the Air Force Act 1923-1975.

Dated this twenty-third day of June, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

J. E. McLEAY

Minister of State for Construction for and on
behalf of the Minister of State for Defence.

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DEFENCE FORCE (DARWIN) (TEMPORARY CONDITIONS OF SERVICE) REGULATIONS

Citation.

1. These Regulations may be cited as the Defence Force (Darwin) (Temporary Conditions of Service) Regulations.

Application.

2. These Regulations apply in respect of service by a member in Darwin after 24 December 1974.

Interpretation.

3. (1) In these Regulations, unless the contrary intention appears—

“ child ”, in relation to a member, means a child (whether born in or outside wedlock), a step-child or a legally adopted child of—

(a) the member;

(b) the wife of the member; or

“ family ”, in relation to a member, means the persons who ordinarily reside with the member, being—

(a) his wife:

(b) a child of the member under the age of 21 years;

(c) a child of the member who has attained the age of 21 years but is, through illness or infirmity, dependent upon the member;

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* Notified in the Australian Government Gazette on 24 June 1976.

(d) a dependent mother of the member or of his wife; or

(e) a dependent father of the member or of his wife, if dependent upon the member through illness or infirmity,

and, in the case of a member who is widowed, divorced or separated from his wife, and has children under the age of 21 years, includes a person residing in a home maintained by the member for his children and acting as housekeeper or guardian of the children.

(2) In these Regulations, “ de facto wife ”, “ member ” and “ Service Financial Regulations ” have the same meanings as in the Defence Force (Salaries) Regulations.

(3) In these Regulations, a reference to the wife of a member shall be read as including a reference to the de facto wife of the member and a reference to a female who was formerly the wife of a member shall be read as including a reference to a female who was formerly the de facto wife of the member.

Darwin sub-standard accommodation allowance.

4. (1) Subject to sub-regulation (2), an allowance, called “ Darwin substandard accommodation allowance ”, is payable to a member at the rate of $20 per week in respect of any period after 24 December 1974 but before 20 March 1975—

(a) of not less than 7 days uninterrupted service by the member in Darwin; or

(b) commencing immediately after a period referred to in paragraph (a) and ending at a time when the member left Darwin for a period of not less than 7 days.

(2) Darwin sub-standard accommodation allowance is not payable to a member in respect of any period in respect of which travelling allowance is payable to the member under the Service Financial Regulations at a rate provided for in the prescribed sub-regulation.

(3) In sub-regulation (2), the “ prescribed sub-regulation ” means—

(a) in relation to a member of the Navy—sub-regulation 201 (1) of the Naval Financial Regulations;

(b) in relation to a member of the Army—sub-regulation 99 (1) of the Military Financial Regulations; and

Application of regulation 19 or the Defence Force (Salaries) Regulations.

5. (1) Regulation 19 of the Defence Force (Salaries) Regulations does not apply to a member in respect of any period of service by the member in Darwin during the period from and including 25 December 1974 to and including—

(a) in the case of a member of the Navy or of the Army—21 August 1975; and

(b) in the case of a member of the Air Force—20 August 1975.

(2) Subject to regulation 6, regulation 19 of the Defence Force (Salaries)

Regulations applies to a member in respect of any period of service by the member in Darwin after—

(a) in the case of a member of the Navy or of the Army—21 August 1975; and

(b) in the case of a member of the Air Force—20 August 1975,

as if the following table bad been substituted for the table in sub-regulation 19 (1) of those Regulations with effect from the commencement of that period:—

Item No.	Description of member	Rate of Deduction Per Day
		$
1	A member referred to in regulation 9.................................	0.80
2	A member holding a rank specified in Part I of Schedule 7 or Part I of Schedule 8.................................................	0.80
3	A member holding a rank specified in Part II or Part III of Schedule 7 or Part II or Part III of Schedule 8, not being a member referred to in regulation 9	1.00
4	Any officer other than an officer referred to in item 1......................	1.10

(3) Where the amount of rations and quarters charge deducted from the salary of the member under regulation 19 of the Defence Force (Salaries) Regulations exceeds, in respect of any period of service by a member, the amount of rations and quarters charge applicable to the member in respect of that period by virtue of the operation of this regulation, the member shall be paid, by way of refund of rations and quarters charge, an amount equal to the difference between those amounts.

Determination of higher rate of rations and quarters charge.

6. Where the Minister is satisfied, after having regard to the standard of accommodation occupied by the members included in a class of members and after having compared the charges paid for that accommodation by those members with the charges paid for similar accommodation in Darwin, that those members should, in respect of a future period, be subject to the deduction of rations and quarters charge at a higher rate than the rate applicable to them in respect of that period by virtue of the operation of sub-regulation 5 (2), he shall direct, by notice in writing, that those members be subject, in respect of that period, to the deduction of rations and quarters charge at a rate specified in that notice, being a rate higher than the rate applicable to those members in respect of that period by virtue of the operation of sub-regulation 5 (2) but not exceeding the rate that would, but for the operation of sub-regulation 5 (2), be applicable to those members in respect of that period.

Rate of district allowance after member’s family leaves Darwin.

7. (1) Where—

(a) a member was serving in Darwin on 24 December 1974;

(b) his family was living in Darwin on that day;

(c) district allowance was payable to him in respect of that day under the Service Financial Regulations at the rate applicable to him while living out; and

(d) his family left Darwin before 1 January 1975,

district allowance is payable to him at that rate, notwithstanding any provision to the contrary in the Service Financial Regulations, in respect of the period of 30 days after the departure of his family from Darwin.

(2) In sub-regulation (1), “ lives in ” has the same meaning as—

(a) in relation to a member of the Navy—in regulation 107 of the Naval Financial Regulations;

(b) in relation to a member of the Army—in regulation 41 of the Military Financial Regulations; and

Overview

Statutory Rules 1976 No. 127, enacted under the Defence Act 1903-1975, the Naval Defence Act 1910-1975, and the Air Force Act 1923-1975, addresses specific issues related to the conditions of service for members of the Defence Force in Darwin, particularly focusing on allowances and deductions pertinent to the unique circumstances faced by military personnel stationed there during the specified period. The regulations were introduced to provide clarity and support to Defence Force members who were dealing with substandard living conditions and the impact of their families' relocation on their financial entitlements. The enacting authority for these regulations is the Governor-General, acting on advice from the Federal Executive Council, and the overarching policy objective is to ensure fair and equitable treatment of Defence Force members in challenging and unusual circumstances. These regulations establish allowances and modify financial deductions to cater to the unique living situations faced by military personnel in Darwin. For instance, the "Darwin substandard accommodation allowance" provides a financial supplement for members enduring poor living conditions, while also ensuring that these allowances do not overlap with other financial benefits such as travelling allowances. Furthermore, the regulations temporarily alter the rates at which rations and quarters charges are deducted from members' salaries, with provisions to increase these rates if the Minister deems it necessary based on the standard of living and associated costs in Darwin. The regulations also ensure that district allowances continue for a specified period even after a member's family has left Darwin, recognising the transitional challenges faced by military families.

Scope and Application

The Defence Force (Darwin) (Temporary Conditions of Service) Regulations apply to members of the defence forces who are serving in Darwin after 24 December 1974, providing specific conditions and allowances for their service in this location. These Regulations encompass members of the Navy, Army, and Air Force, and extend to their families who reside with them in Darwin, including spouses, children under 21 years of age (or older children who are dependent due to illness or infirmity), and dependent parents. The allowances and deductions outlined in these Regulations are designed to address the unique circumstances faced by members serving in Darwin during the specified period. For example, a Darwin substandard accommodation allowance is payable to members for service in Darwin between 24 December 1974 and 20 March 1975, with specific rates and conditions that exclude periods where other allowances, such as travelling allowance, are applicable. Furthermore, the Regulations adjust the rates of deductions for rations and quarters charges for certain periods to account for the substandard accommodation conditions in Darwin. The Regulations also provide for the continuation of district allowance payments to members whose families left Darwin before 1 January 1975, for a period of 30 days following the departure of the family. These provisions are designed to offer financial support and adjustments to the affected members and their families during this transitional period in Darwin.

Key Provisions

The Defence Force (Darwin) (Temporary Conditions of Service) Regulations, made under the Defence Act 1903-1975, the Naval Defence Act 1910-1975, and the Air Force Act 1923-1975, address specific conditions of service for members stationed in Darwin. These regulations are applicable for service by a member in Darwin after 24 December 1974 (section 2). They define key terms such as "child," "family," "de facto wife," "member," and "Service Financial Regulations" (section 3). One notable provision is the Darwin substandard accommodation allowance, which is payable at a rate of $20 per week for members serving in Darwin between 24 December 1974 and 20 March 1975, subject to certain conditions (section 4). The regulations impose specific obligations on the members and the authorities. For instance, members are entitled to the Darwin substandard accommodation allowance if they meet the stipulated service durations and conditions. Additionally, the Minister has the authority to adjust the rates of rations and quarters charge for members if it is deemed necessary based on the standard of accommodation and comparative charges in Darwin (section 6). Members who were serving in Darwin on 24 December 1974 and whose families left before 1 January 1975 are entitled to district allowance at the applicable rate for a period of 30 days after the family's departure (section 7). Breaches of these regulations may not explicitly outline specific offences or penalties in the provided text. However, given the nature of the regulations, any failure to adhere to the prescribed conditions for allowances or charges could lead to disputes over entitlements, which may be subject to review or adjudication under relevant military or defence laws. The precise consequences of non-compliance would depend on the interpretation and enforcement mechanisms within the Defence Force (Salaries) Regulations and other related military financial regulations.

Area of Law: Military Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Offence Provisions; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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