Statutory Rules
1980 No. 73
REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231
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 twenty-seventh day of March 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
Amendments of the Defence Force (Salaries) Regulations2
Rations and quarters charge
1. Regulation 19 of the Defence Force (Salaries) Regulations is amended —
(a) by omitting from sub-regulation (5) “in respect of” (second occurring) and substituting “during”;
(b) by omitting from paragraph (f) of sub-regulation (5) “or” (last occurring); and
(c) by adding at the end of sub-regulation (5) the following paragraphs:
“(h) is, immediately after coming ashore while entitled to sea-going allowance, accommodated ashore in service accommodation —
(i) being a period that does nor exceed 72 hours in duration; or
(ii) being the first 72 hours of the duration of his stay in service accommodation; or
(i) being a member who is posted to a sea-going submarine, is accommodated ashore in service accommodation.”.
Application
2. The amendments effected by regulation 1 apply in relation to —
(a) salaries of members of the Navy or of the Army in respect of any period commencing after 7 June 1979; and
(b) salaries of members of the Air Force in respect of any period commencing after 6 June 1979.
1. Notified in the Commonwealth of Australia Gazette on 2 April 1980.
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also Statutory Rules 1980 Nos. 1, 4, 9, 20, 23, 34, 42, 43 and 55.
Overview
The Statutory Rules 1980 No. 73, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, were enacted to amend the Defence Force (Salaries) Regulations and address certain aspects of rations and quarters charges for members of the Navy, Army, and Air Force. This legislative instrument was issued by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to update and clarify certain provisions regarding salary entitlements, specifically concerning the periods during which members are entitled to sea-going allowances and the charges related to rations and quarters. The amendments apply to salaries from specific dates in 1979, ensuring that the regulations are effectively implemented across the Defence Force.
Scope and Application
The Statutory Rules 1980 No. 73, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, specifically amend the Defence Force (Salaries) Regulations concerning the rations and quarters charge for members of the Navy, Army, and Air Force. These amendments apply to the salaries of Navy and Army members for any period starting after 7 June 1979, and for Air Force members from any period starting after 6 June 1979. The changes involve modifying sub-regulation (5) of Regulation 19 by omitting and substituting certain terms and adding new conditions related to the duration and circumstances of accommodation ashore for members entitled to sea-going allowance. These regulations are part of a broader legislative framework that governs the administration and compensation of members within the Australian Defence Force.
Key Provisions
The Statutory Rules 1980 No. 73, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, introduce amendments to the Defence Force (Salaries) Regulations. These amendments are specifically related to the rations and quarters charge. Regulation 19 of the Defence Force (Salaries) Regulations is amended by omitting certain words and adding new subparagraphs to sub-regulation (5). These changes primarily concern the conditions under which members of the Navy or the Army, and the Air Force, are entitled to a sea-going allowance and related accommodation provisions.
The obligations imposed by these amendments pertain to the calculation and payment of salaries for members of the Navy, Army, and Air Force. Specifically, the amendments dictate that members must meet certain conditions to be eligible for a sea-going allowance and related accommodation provisions. For instance, a member must be accommodated ashore in service accommodation for a period that does not exceed 72 hours or be a member posted to a sea-going submarine. These conditions must be adhered to for the amendments to apply correctly to the salaries of the affected members.
The legislation does not explicitly state any offences, penalties, or consequences for non-compliance. However, it is reasonable to infer that failure to comply with the specified conditions for sea-going allowances and accommodation could result in discrepancies in salary calculations. Such discrepancies might be subject to administrative review or correction by the relevant authorities. While the specific penalties are not detailed in the regulations, they could potentially include financial corrections or administrative penalties, depending on the nature and extent of the non-compliance.