Statutory Rules
1977 No. 174
REGULATIONS 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 Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this fourth day of October, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendment of the Defence Force (Reserves) (Financial) Regulations†
Allowance in respect of attendance.
1. Regulation 13 of the Defence Force (Reserves) (Financial) Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:—
“ (1) Subject to sub-regulations (2), (3) and (4), where a member is required to attend at a specified place for the purpose of rendering reserve service, he shall be paid an amount of—
(a) where his usual place of residence is within a radius of 25 kilometres of that specified place—$1.20;
(b) where his usual place of residence is within a radius of 50 kilometres of that specified place—$2.20;
(c) where his usual place of residence is within a radius of 75 kilometres of that specified place—$3.20; and
(d) where his usual place of residence is outside a radius of 75 kilometres of that specified place—$4.00.”.
Application.
2. The Defence Force (Reserves) (Financial) Regulations as amended by regulation 1 apply in relation to service by members on or after 1 July 1977.
* Notified in the Commonwealth of Australia Gazette on 7 October 1977.
† Statutory Rules 1976, No. 16 as amended by Statutory Rules 1976, Nos. 41, 75, 82, 137, 198 and 264; and 1977, Nos. 81, 97 and 160 (See also page 530).
Overview
Statutory Rules 1977 No. 174, issued under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, were enacted to amend financial regulations regarding the Defence Force (Reserves). These regulations address the allowance for attendance for reserve service members, updating the rates based on the distance between a member's usual place of residence and the specified place of service. The Regulations were made by the Governor-General, acting on advice from the Federal Executive Council, and came into effect on 1 July 1977. The underlying objective is to ensure that reservists are appropriately compensated for their attendance and travel requirements, thereby maintaining a motivated and committed reserve force.
Scope and Application
The Statutory Rules 1977 No. 174, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, specifically amend the Defence Force (Reserves) (Financial) Regulations concerning the allowance paid to members for attending reserve service. The regulations apply to members who are required to attend specified places for reserve service, determining their financial compensation based on the distance from their usual place of residence to the place of attendance. The application of these regulations extends to service rendered by members on or after 1 July 1977. The scope of these regulations is confined to the financial allowances for attendance purposes and does not explicitly outline exclusions or thresholds, other than those related to the distance-based allowances. The reach of these regulations is national, affecting all members of the defence forces across Australia, as they are enacted under federal legislation.
Key Provisions
The main operative section of the Statutory Rules 1977 No. 174 is regulation 1, which amends the Defence Force (Reserves) (Financial) Regulations by substituting the existing sub-regulation (1) with a new sub-regulation. This new sub-regulation specifies the allowances payable to members of the defence force reserves based on their distance from the specified place of attendance for reserve service. The allowances are set at $1.20 for those residing within 25 kilometres, $2.20 for those within 50 kilometres, $3.20 for those within 75 kilometres, and $4.00 for those residing outside a 75-kilometre radius. Regulation 2 ensures these amendments apply to service rendered on or after 1 July 1977.
The Regulations impose clear obligations on both the members of the defence force reserves and the Defence Force to ensure compliance with the amended allowances. Members must accurately report their place of residence and the distance from the specified place of attendance to ensure they receive the correct allowance. The Defence Force, in turn, has the responsibility to verify the members' claims and to disburse the appropriate allowances as per the specified rates.
Failure to adhere to the provisions of the Regulations can result in various civil and administrative consequences. For example, if a member fails to report their place of residence correctly or if the Defence Force fails to disburse the correct allowance, it could lead to disputes that might need to be resolved through administrative review or legal action. While the Regulations themselves do not explicitly state maximum penalties, breaches of such provisions could potentially lead to penalties under the broader Acts, such as the Defence Act 1903, the Naval Defence Act 1910, or the Air Force Act 1923, which might include fines or other corrective measures.