Statutory Rules
1977 No. 95
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 sixteenth day of June, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
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—24 June 1977; and
(b) in relation to members of the Air Force—23 June 1977.
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......................................... | 2.70 |
2 | A member holding a rank specified in Part I of Schedule 7 or Part I of Schedule 8........... | 2.70 |
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 | 3.30 |
4 | Any officer other than an officer referred to in item 1.............................. | 3.60 |
* Notified in the Australian Government Gazette on 22 June 1977.
† Statutory Rules 1973, No. 100 as amended to date. For previous amendments of the Defence Force (Salaries) Regulations see footnote † to Statutory Rules 1977, No. 69 and see also Statutory Rules 1977, No. 69.
Overview
Statutory Rules 1977 No. 95, enacted under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, was established to update and standardise the financial regulations for members of Australia's Defence Force. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, to ensure consistent and fair treatment of all personnel across the Navy, Army, and Air Force in terms of salary deductions for rations and quarters. These regulations were intended to bring about uniformity and clarity in the financial obligations of service members, addressing any inconsistencies or gaps in the existing framework.
The primary policy objective behind these regulations was to streamline the administration of financial matters within the Defence Force, ensuring that all members are subject to the same conditions and rates for deductions related to their living expenses. By amending the Defence Force (Salaries) Regulations, these statutory rules aimed to provide a clear and updated structure for the financial responsibilities of Defence Force members, facilitating better management and transparency in the allocation of resources.
Scope and Application
The Regulations under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, made on 16 June 1977, serve to amend the Defence Force (Salaries) Regulations, specifically modifying the rates of deduction for rations and quarters charges applicable to members of the Australian Defence Force. These Regulations apply to members of the Army, Navy, and Air Force and are effective from 23 and 24 June 1977, depending on the service branch. The changes involve updating the daily charge rates for various categories of personnel, as detailed in the substituted table of Regulation 19. The Regulations do not explicitly state any exclusions or exemptions, but they are subject to the overarching legislative framework provided by the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The application of these Regulations is limited to the personnel within the Defence Force and the specified effective dates.
Key Provisions
The Statutory Rules 1977 No. 95 primarily concern amendments to the Defence Force (Salaries) Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923. Specifically, the Regulations address the deduction rates for rations and quarters charges for members of the Australian Defence Force. The regulations, which came into operation on 24 June 1977 for Army and Navy members and on 23 June 1977 for Air Force members, revise the existing rates of deduction as set out in Regulation 19 of the Defence Force (Salaries) Regulations.
These Regulations impose specific financial obligations on members of the Defence Force, particularly concerning deductions from their salaries for the provision of rations and quarters. The new rates, detailed in the substituted table, vary according to the rank and role of the member. For instance, members referred to in regulation 9 and those holding certain ranks in Schedule 7 or Schedule 8 have a daily deduction rate of $2.70, while other specified ranks have a rate of $3.30. Officers not specified in item 1 face a higher rate of $3.60 per day.
In terms of compliance and enforcement, the Regulations require Defence Force members to ensure that the appropriate deductions are made from their salaries in accordance with the specified rates. Failure to comply with these financial obligations could lead to disputes or financial discrepancies, which may require resolution through internal Defence Force processes or potentially through legal avenues.
While the Regulations themselves do not explicitly detail specific offences, penalties, or consequences for non-compliance, breaches of financial obligations within the Defence Force are likely to be subject to internal disciplinary measures. Such breaches could potentially lead to formal complaints, investigations, and administrative actions within the Defence Force. Additionally, severe or repeated non-compliance might also attract criminal charges if it is deemed to involve fraud or other serious misconduct. However, the exact legal consequences would depend on the specific circumstances and the internal policies of the Defence Force.