Military Financial (Pacific Islanders) Regulations (Amendment)

Legislation au C1971L00167 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No. 167

REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1970.

Dated this ninth day of December, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Andrew Peacock

Minister of State for the Army.

Amendments of the Military Financial (Pacific Islanders) Regulations

Pay.

1. Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (3g.) the words “has attained the age of” and inserting in their stead the words “is aged”.

2. After regulation 31 of the Military Financial (Pacific Islanders) Regulations the following regulation is inserted:—

Mileage allowance.

“32.—(1.) Where a member—

(a) makes a journey in his own motor vehicle on duty;

(b) journeys in his own motor vehicle to a place on the termination of his service and is entitled to have his fares for the journey paid by the Department;

(c) makes a journey in his own motor vehicle on recreation or emergency leave and is entitled to have his fares for the journey paid by the Department under regulation 36 of these Regulations; or

(d) is entitled to be removed at the expense of the Department under regulation 41 of these Regulations and journeys in his own motor vehicle to the place to which he is entitled to be so removed,

this regulation applies to that journey,

“(2.) Where a member travels on a day in his own motor vehicle on duty and the member travels in his own vehicle—

(a) because he cannot conveniently make the journey by means of suitable public transport; or

(b) because the use of his own vehicle for the journey—

(i) will increase the efficiency of the Military Forces; or

(ii) will involve the Department in less expense than the use of public transport for the journey,

an allowance, called ‘mileage allowance is’, payable to the member for each mile travelled on the journey at the rate specified in the third column or fourth

* Notified in the Commonwealth Gazette on 1971.

† Statutory Rules 1966, No. 105, as amended by Statutory Rules 1966, No. 162; 1967, No. 124; 1968, No. 61; 1969, No. 199; 1970, Nos. 6, 51, 120, 174 and 200; and 1971, Nos. 27 and 97.

19852/71—Price 8c 9/2.12.1971


column of the following table, whichever is applicable, in relation to the class of vehicle in which the member is travelling and the zone in which he is travelling:—

First Column

Second Column

Third Column

Fourth Column

Class or vehicle

Zone

Rate for each mile in the first 5,000 miles

Rate for every other mile

 

 

Cents

Cents

1. Motor car the horsepower of which is not less than

A

10.42

7.50

23 h.p...................................

B

15.42

12.50

 

C

14.58

11.67

 

D

11.25

8.33

2. Motor car the horsepower of which is less than

A

9.17

6.67

23 h.p. but not less than 15 h.p...................

B

14.17

10.42

 

C

12.92

10.00

 

D

10.42

7.50

3. Motor car the horsepower of which is less than

A

8.33

5.83

15 h.p. but not less than 10.5 h.p..................

B

12.50

10.00

 

C

12.08

9.58

 

D

9.58

7.08

4. Motor car the horsepower of which is less than

A

7.08

4.58

10.5 h.p..................................

B

10.00

7.50

 

C

9.58

7.08

 

D

7.92

5.42

5. Motor cycle...............................

A

 

 

 

B

4.29

2.92

 

C

 

 

 

D

 

 

6. Motor cycle and sidecar.......................

A

 

 

 

B

5.22

3.54

 

C

 

 

 

D

 

 

“(3.) In the application of the last preceding sub-regulation to a journey by a member in a motor vehicle on a day—

(а) if the member has, during the period of twelve months ending on that day, travelled on journeys to which this regulation applies more than five thousand miles in the aggregate, the fourth column of the table in that sub-regulation applies to that first-mentioned journey; and

(b) in any other case, the third column of that table applies to that first- mentioned journey.

“(4.) In the table in sub-regulation (2.) of this regulation—

(a) a reference to zone A shall be read as a reference to the area comprising the Central District and Morobe District;

(b) a reference to zone B shall be read as a reference to the area comprising the Eastern Highlands District, Chimbu District, Western Highlands District, Southern Highlands District, Western District and the area known as the Buin sub-district of the Bougainville District;

(c) a reference to zone C shall be read as a reference to the area comprising the East Sepik District, West Sepik District, Gulf District and the Milne Bay District; and


(d) a reference to zone D shall be read as a reference to the area comprising the East New Britain District, West New Britain District, Madang District, Northern District, New Ireland District, Manus District and the Bougainville District (other than the area known as the Buin sub-district).

“(5.) A reference in the last preceding sub-regulation to a District by name shall be read as a reference to the district established by that name under the Administrative Districts Ordinance 1951-1952 in force under the Papua and New Guinea Act 1949-1971 and having the boundaries defined under that Ordinance

“(6.) Where this regulation applies to a journey made by a member, the member is not entitled to mileage allowance under sub-regulation (2.) of this regulation and the journey is not a journey of a kind referred to in paragraph (d) of sub-regulation (1.) of this regulation, there is payable to the member in respect of the travel, by way of mileage allowance—

(a) an amount, in respect of each mile travelled on the journey, calculated at the rate specified in the third column of the table in sub- regulation (2.) of this regulation in relation to the class of motor vehicle in which the member is travelling and the zone in which he is travelling; or

(b) an amount equal to the cost of the fares that would have been payable by the Department if the member had used public transport for the journey,

whichever is the less.

“(7.) Where a member travels on a journey of a kind referred to in paragraph (d) of sub-regulation (1.) of this regulation, there is payable to the member in respect of the travel, by way of mileage allowance—

(a) an amount, in respect of each mile travelled on the journey, calculated at the rate specified in the fourth column of the table in sub- regulation (2.) of this regulation in relation to the class of motor vehicle in which the member is travelling and the zone in which he is travelling; or

(b) an amount equal to the sum of the cost of the fares that would have been payable by the Department if the member had used public transport for the journey and the amount that would have been payable by the Department for transporting the member’s motor vehicle to the place to which he is entitled to be removed if his vehicle had been so transported at the expense of the Department,

whichever is the less.

“(8.) Where this regulation applies to a journey made by a member in a motor vehicle and the member, with the approval of his superior officer—

(а) carries in the vehicle as a passenger another member who is entitled to make the journey at the expense of the Department;

(b) carries in the vehicle military stores or equipment weighing not less than two hundredweight; or

(c) tows a trailer or caravan weighing a number of hundredweight greater than the number of horsepower at which the engine capacity of the motor vehicle is rated,

there is payable to the member, in addition to the allowance payable to him under a preceding sub-regulation of this regulation, an allowance at the rate of one cent per mile for each mile travelled by him on the journey.


“(9.) Where this regulation applies to a journey made by a member in his own motor vehicle and the member does not travel on the journey by the shortest convenient route, the number of miles travelled by him on the journey shall be deemed, for the purpose of this regulation, to be the number of miles that he would have travelled on the journey if he had travelled by the shortest convenient route.

“(10.) A reference in this regulation to a member’s motor vehicle, in relation to a journey, shall be read as including a reference to a motor vehicle—

(a) hired by the member and used on the journey; or

(b) of which the member has been permitted to have the use in order to make the journey in a motor vehicle.”.

Transitional.

3. The rates of pay specified in sub-paragraphs (ii) and (iii) of paragraph (b) of sub-regulation (3g.) of regulation 9 of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations apply in relation to service, on and after the twenty-fifth day of June, 1970, of a member who is a recruit for the purpose of that regulation.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. 167, titled Regulations Under the Defence Act 1903-1970, was enacted to address the need for updated financial regulations for members of the military, particularly concerning Pacific Islanders serving in the Australian Defence Force. The Regulations were introduced by the Governor-General, Paul Hasluck, on behalf of the Commonwealth of Australia and were made with the advice of the Federal Executive Council. The primary objective of these Regulations is to ensure that military personnel receive appropriate financial compensation for specific duties, including mileage allowances for journeys made in their own vehicles under various circumstances. These Regulations aim to provide clarity and fairness in compensating military personnel for their service, ensuring that they are appropriately remunerated for their duties and the use of their personal vehicles for military purposes. The Regulations under the Defence Act 1903-1970 outline specific allowances for military personnel, particularly focusing on the payment of mileage for journeys undertaken in their own vehicles. The policy objective is to support military efficiency and cost-effectiveness by offering allowances for duty-related travel, while also ensuring that members are compensated fairly for their use of personal vehicles for official purposes. These Regulations are intended to streamline the financial compensation process for military personnel, ensuring that they are adequately rewarded for their service and the use of their vehicles in official capacities.

Scope and Application

The Statutory Rules 1971 No. 167, Regulations under the Defence Act 1903-1970, primarily address the amendments to the Military Financial (Pacific Islanders) Regulations, impacting members of the military who are Pacific Islanders. This legislation applies to members who are Pacific Islanders and is designed to modify their pay and allowances, particularly those related to mileage. The regulations specify the rates for mileage allowances based on the type of vehicle and the geographic zone in which the journey is made. The rules provide detailed tables for calculating the allowances, distinguishing between different classes of vehicles and zones. The geographic scope is limited to specific districts within Papua New Guinea, as defined under the Administrative Districts Ordinance 1951-1952. This legislation does not specify any exclusions or exemptions and applies to journeys undertaken on duty, recreation, or emergency leave, as well as removals at the expense of the Department. The rules also extend to vehicles hired by or loaned to the members for their journeys.

Key Provisions

The Military Financial (Pacific Islanders) Regulations, as amended by the Statutory Rules 1971 No. 167, introduce new provisions primarily concerning the mileage allowance for military personnel. Regulation 9 has been modified to change the language from "has attained the age of" to "is aged" (sub-regulation (3g)(ii)). A new regulation, 32, has been added to address mileage allowances for members using their own vehicles on duty, for service termination, recreation or emergency leave, or for removal at the Department’s expense. This regulation specifies that an allowance is payable based on the distance travelled, vehicle type, and zone, with different rates applying to the first 5,000 miles and subsequent miles. These regulations impose obligations on military personnel to accurately report journeys made using their own vehicles for eligible purposes and to provide evidence of travel distances and vehicle details as required. The Department must then process and pay the appropriate mileage allowance based on the criteria outlined in the regulations. The regulations also require that any additional circumstances, such as carrying passengers, military stores, or towing heavy trailers, be approved by a superior officer and that the shortest route be taken unless there are justifiable reasons otherwise. Failure to comply with the requirements of these regulations may result in civil or administrative penalties. While the specific penalties are not detailed within the text of the regulations themselves, breaches of military regulations generally carry potential consequences such as disciplinary action, fines, or other administrative measures as determined by the applicable military law or policy. It is important to note that the actual penalties would be governed by broader military legislation and administrative guidelines.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.