Statutory Rules
1974 No. 71
REGULATIONS UNDER THE DEFENCE ACT 1903-1973, THE NAVAL DEFENCE ACT 1910-1973 AND THE AIR FORCE ACT 1923-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1973, the Naval Defence Act 1910-1973 and the Air Force Act 1923-1973.
Dated this third day of May, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LANCE BARNARD
Minister of State for Defence.
————
Amendment of the Defence Force (Salaries) Regulations†
Commencement.
1. The amendment effected by these Regulations shall be deemed to have come into operation on 8 January 1974.
2. After regulation 12 of the Defence Force (Salaries) Regulations the following regulation is inserted:—
Rental allowance—members marrying during posting exceeding 6 months.
“ 12a. (1) This regulation applies to a member who, having been posted to a locality for a period exceeding 6 months, becomes a category M or a category MS member whilst posted to that locality.
“ (2) Where—
(a) married quarters in the locality to which a member to whom this regulation applies was posted are not available for occupation by the member; and
(b) the member occupies rented premises,
the member is entitled to receive the rental allowance to which he would have been entitled if he were a category M member on the date on which he was transferred and married quarters were not available to him in that locality.”.
* Notified in the Australian Government Gazette on 6 May 1974.
† Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269.
Overview
Statutory Rules 1974 No. 71, made under the Defence Act 1903-1973, the Naval Defence Act 1910-1973, and the Air Force Act 1923-1973, was enacted to address issues concerning the salaries and allowances of Defence Force members, particularly those related to rental allowances for members who marry while posted for more than six months. The Regulations were issued by the Governor-General of Australia, acting on the advice of the Executive Council, and came into operation on 8 January 1974. These Regulations amend the Defence Force (Salaries) Regulations to ensure that Defence Force members posted for more than six months who marry while posted and cannot occupy married quarters receive a rental allowance equivalent to that which they would have received if they were a category M member and married quarters were not available. This policy objective is to provide financial support to members in a situation where married quarters are unavailable, ensuring equitable treatment and support for Defence Force personnel in unique circumstances.
Scope and Application
The Regulations under the Defence Act 1903-1973, the Naval Defence Act 1910-1973 and the Air Force Act 1923-1973 primarily pertain to the Australian Defence Force, including all members of the Australian Army, Royal Australian Navy, and Royal Australian Air Force. The regulations are applicable to members of the Defence Force who are on a posting exceeding six months and subsequently become category M or category MS members while posted to that locality. This particular legislative instrument focuses on the amendment of the Defence Force (Salaries) Regulations, specifically introducing a new regulation regarding a rental allowance for members who marry during their posting. The Regulations came into operation on 8 January 1974. The allowance is granted to members who marry while on a posting exceeding six months, provided they occupy rented premises and there are no married quarters available in the locality. The amendment seeks to provide financial support to members in such situations, ensuring they receive the same rental allowance they would have been entitled to if they were a category M member when they married and there were no married quarters available. The scope of these Regulations is confined to the specific conditions of the Defence Force members' postings and marriages, with no explicit geographic limitations beyond the Australian Defence Force's jurisdiction.
Key Provisions
The principal operative section of these regulations is regulation 12a, which pertains to a rental allowance for Defence Force members who marry while posted for over six months (1). This regulation specifically applies to members who, after being posted to a locality for more than six months, become category M or category MS members (12a(1)). Under this regulation, if married quarters are not available in the locality and the member occupies rented premises, they are entitled to receive the rental allowance that would have applied if they were a category M member on the date they were transferred and married quarters were not available (12a(2)).
These regulations impose certain obligations on Defence Force members and the Defence Force administration. Defence Force members who meet the criteria under regulation 12a must ensure they occupy rented premises if married quarters are not available in their posted locality (12a). The Defence Force administration must then process and pay the rental allowance to eligible members in accordance with the regulation (12a).
Breaching the provisions of these regulations could result in civil and criminal consequences. While the regulations themselves do not explicitly state penalties for non-compliance, breaches of Defence Force regulations generally may lead to disciplinary action under the Defence Force Discipline Act 1982. This could include fines and imprisonment for serious offences. Additionally, failure to comply with these regulations might also result in financial loss or the withholding of entitlements to which the member is lawfully entitled, leading to potential legal action for the recovery of those entitlements.