Defence Force (Reserves) (Financial) Regulations (Amendment)

Legislation au C2004L04325 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules 1981 No. 3371

Defence Force (Reserves) (Financial) Regulations2 (Amendment)

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, the Naval Defence Act 1910 and the Air Force Act 1923.

Dated 19 November 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

KEVIN NEWMAN

Minister of State for Administrative Services for and on behalf of the Minister of State for Defence

––––––––

1. Regulation 15 of the Defence Force (Reserves) (Financial) Regulations is repealed and the following regulation substituted:

Rations and quarters charge

“15. (1) Where a member, during a period in which he renders reserve service—

(a) lives in in service accommodation; and

(b) is not required, by reason of that reserve service, so to live in,

a deduction, by way of a rations and quarters charge, shall be made from pay due to that member at the rate per day ascertained in accordance with the table in sub-regulation 19 (1) of the Defence Force (Salaries) Regulations.

“(2) For the purposes of sub-regulation (1), in the calculation of a rations and quarters charge in respect of a period of more than 1 day—

(a) the first day of that period shall be taken into account; and

(b) the last day of that period shall not be taken into account.


“(3) For the purposes of sub-regulation (1), a reference—

(a) in the table in sub-regulation 19 (1) of the Defence Force (Salaries) Regulations; or

(b) in a schedule to those Regulations referred to in that table,

to a member or an officer shall be read as a reference to a member or an officer, respectively, within the meaning of these Regulations.

“(4) In this regulation “live in” has the same meaning in relation to a member as it has in the Defence Force (Salaries) Regulations in relation to a member within the meaning of those Regulations.”.

Application

2. (1) These Regulations apply in relation to reserve service after 10 March 1981.

(2) Where, in relation to reserve service on a day after 10 March 1981, a member has had an amount deducted under regulation 15 of the Defence Force (Reserves) (Financial) Regulations as in force before the commencement of these Regulations from pay due to him and where, after the commencement of these Regulations, he is not liable to have an amount by way of a rations and quarters charge deducted in respect of that day from the pay due to him, that member is entitled to an amount equal to the amount so deducted from his pay in respect of that day.

(3) Where, in relation to reserve service on a day after 10 March 1981, a member has had an amount deducted under regulation 15 of the Defence Force (Reserves) (Financial) Regulations as in force before the commencement of these Regulations from pay due to him, and where, after the commencement of these Regulations, he is liable to have an amount equal to that amount deducted in respect of that day from pay due to him, the amount deducted under section 15 of the Defence Force (Reserves) (Financial) Regulations as in force immediately before the commencement of these Regulations shall be regarded as having been deducted by way of a rations and quarters charge under the Defence Force (Reserves) (Financial) Regulations as amended by these Regulations.

(4) Notwithstanding the amendments of the Defence Force (Reserves) (Financial) Regulations made by these Regulations, where, in relation to reserve service on a day after 10 March 1981 and before the commencement of these Regulations, a member has not had an amount deducted under regulation 15 of the Defence Force (Reserves) (Financial) Regulations as in force before the commencement of these Regulations from pay due to him and where, after the commencement of these Regulations, he would, but for the operation of this sub-regulation, have been liable to have had an amount by way of a rations and quarters charge deducted in respect of that day from pay due to him, that member shall not be so liable.


NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 November 1981.

2. Statutory Rules 1976 No. 16 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 11 and see also Statutory Rules 1981 Nos. 11, 20, 94, 114, 121, 237, 256 and 272.

Overview

The Defence Force (Reserves) (Financial) Regulations 1981 (Amendment) Statutory Rules 1981 No. 3371 were enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument aimed to amend the existing financial regulations governing the reserves of the Australian Defence Force, specifically addressing the deductions for rations and quarters charges for members during their reserve service. The regulations were introduced to ensure clarity and consistency in the application of financial deductions related to in-service accommodation for reserve service members. This legislative amendment is part of a broader effort to refine and update the financial policies within the Defence Force to better reflect the needs and circumstances of reserve service members.

Scope and Application

The Defence Force (Reserves) (Financial) Regulations 2 address financial matters pertaining to members of the Australian Defence Force reserves. Specifically, they pertain to deductions for rations and quarters charges for members who live in service accommodation during periods of reserve service. These Regulations apply to individuals who are members of the Australian Defence Force reserves and who are required to live in service accommodation during their reserve service. The Regulations cover reserve service undertaken after 10 March 1981, and they extend to adjustments of deductions made before the Regulations' commencement, ensuring continuity and fairness in financial treatment for affected members. There are no stated exclusions or exemptions within these Regulations, and they do not extend beyond the financial provisions for rations and quarters charges. Subordinate instruments may further define or refine the application of these Regulations, but the primary focus remains on the financial implications for reservists living in service accommodation.

Key Provisions

The main operative sections of the Defence Force (Reserves) (Financial) Regulations 1981 (Amendment) include the substitution of Regulation 15, which deals with the deductions for rations and quarters charges. Regulation 15(1) mandates that if a member is required to live in service accommodation and is not doing so due to their reserve service, a deduction for a rations and quarters charge must be made from their pay. The rate of this deduction is determined according to the table in sub-regulation 19(1) of the Defence Force (Salaries) Regulations. Regulation 15(2) specifies that when calculating a charge for a period of more than one day, the first day should be included but the last day should not be. Regulation 15(3) clarifies that references to a member or officer in the Defence Force (Salaries) Regulations should be interpreted as referring to a member or officer under these regulations. Regulation 15(4) defines "live in" with the same meaning as in the Defence Force (Salaries) Regulations. The Regulations impose several obligations and requirements on the parties involved. Firstly, members who live in service accommodation during their reserve service and are not required to do so by their service, must have a deduction made from their pay for a rations and quarters charge. The deduction is calculated according to a specific table and must be applied correctly as per the Regulations. Secondly, the Regulations ensure that any deductions made under the previous regulations before the commencement of these Regulations will be considered as rations and quarters charges under the amended regulations. Furthermore, members who would have been liable for deductions under the previous regulations but were not, are not required to have any deductions made under the new regulations. The Regulations also outline consequences for non-compliance. While specific offences are not detailed in the text provided, breaches of financial regulations pertaining to the Defence Force (Reserves) generally could result in penalties. The Defence Force Discipline Act 1982 provides for various offences and penalties related to financial misconduct. For instance, under section 132, a member who commits an offence against a financial provision of the Act may be liable for imprisonment for up to five years. Additionally, civil penalties could apply, including the requirement to repay any improperly received funds. The exact penalties would depend on the nature and severity of the breach.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

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.