Statutory Rules
1976 No. 130
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.
___________
Amendment of the Defence Force (Salaries) Regulations†
Commencement.
1. These Regulations shall come into operation on—
(a) in relation to members of the Navy or of the Army—9 July 1976; and
(b) in relation to members of the Air Force—8 July 1976.
Rations and quarters charge.
2. Regulation 19 of the Defence Force (Salaries) Regulations is amended by omitting the table in sub-regulation (1) and substituting the following table:—
Item No. | Description of Member | Rate of Deduction Per Day |
| | $ |
1 | A member referred to in regulation 9.................................. | 2.50 |
2 | A member holding a rank specified in Part I of Schedule 7 or Part I of Schedule 8..... | 2.50 |
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................................................... | 3.00 |
4 | Any officer other than an officer referred to in item 1....................... | 3.30 |
* Notified in the Australian Government Gazette on 24 June 1976.
† Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93 and 208; 1975, Nos. 34, 149, 163 and 197; and 1976, Nos. 3, 13, 48, 81 and 120.
Overview
Statutory Rules 1976 No. 130, made under the Defence Act 1903-1975, the Naval Defence Act 1910-1975, and the Air Force Act 1923-1975, addresses the need to amend the Defence Force (Salaries) Regulations. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations seek to adjust the rates of deductions for rations and quarters charges for members of the Australian Defence Force. The policy objective behind these amendments is to ensure that the financial obligations of service members are accurately reflected and managed within the regulatory framework, thereby maintaining fairness and efficiency in the administration of the Defence Force. The regulations came into operation on 8 July 1976 for members of the Air Force and 9 July 1976 for members of the Navy and Army.
Scope and Application
The Regulations under the Defence Act 1903-1975, the Naval Defence Act 1910-1975 and the Air Force Act 1923-1975, which were made by the Governor-General on the advice of the Federal Executive Council, primarily pertain to the modification of the Defence Force (Salaries) Regulations. These regulations apply to members of the Australian Defence Force, including the Navy, Army, and Air Force, thereby governing their salaries and deductions for rations and quarters. The amendments outlined in these Regulations specifically address the rate of deduction per day for different ranks and categories of members, effective from designated dates in July 1976. The geographic reach of these regulations is national, as they apply to all members of the Defence Force across Australia. The Regulations do not explicitly state any exclusions or thresholds, but they do extend their application through subordinate instruments that have been referenced in the text.
Key Provisions
The Regulations under the Defence Act 1903-1975, the Naval Defence Act 1910-1975, and the Air Force Act 1923-1975, made in 1976, primarily amend the Defence Force (Salaries) Regulations. These amendments specifically address the deductions for rations and quarters for members of the Navy, Army, and Air Force. Regulation 19, which pertains to the rates of deduction for these charges, has been updated with a new table replacing the previous one (Regulation 1). The new table outlines the daily rates of deduction for different categories of members: members referred to in regulation 9 and those holding ranks specified in Parts I of Schedules 7 and 8 are charged $2.50 per day, while members with ranks specified in Parts II or III of Schedules 7 and 8, excluding those in regulation 9, are charged $3.00 per day. Any officer not included in the first category is charged $3.30 per day.
The Regulations impose specific obligations on the entities they govern. Firstly, they mandate that the new rates of deduction for rations and quarters, as detailed in the amended Regulation 19, be applied to the relevant categories of military personnel. These rates must be consistently applied and deducted from the salaries of the affected members as per the new table. The Regulations also require that the changes be implemented from the specified dates: 9 July 1976 for Navy and Army members, and 8 July 1976 for Air Force members.
Failure to comply with the provisions of these Regulations can lead to civil or criminal consequences. While the specific penalties are not detailed within these Regulations, breaches of Defence-related regulations typically attract penalties under the respective Acts, which could include fines or other forms of enforcement. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the Defence Act 1903-1975, the Naval Defence Act 1910-1975, and the Air Force Act 1923-1975. It is crucial for entities governed by these Acts to adhere to the Regulations to avoid any potential repercussions.