Statutory Rules
1974 No. 21
REGULATIONS UNDER THE DEFENCE ACT 1903-1973.*
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.
Dated this twenty-sixth day of February, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LANCE BARNARD
Minister of State for Defence.
Amendment of the Military Financial (Pacific Islanders) Regulations†
Service allowance.
1. Regulation 20a of the Military Financial (Pacific Islanders) Regulations is amended by omitting from sub-regulation (1) the words “Twenty-five cents” and substituting the words “Thirty cents”.
Application.
2. Service allowance is payable, in accordance with regulation 20a of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations, in respect of the service of a member in the Australian Regular Army or the Regular Army Supplement on or after 1 July 1973.
* Notified in the Australian Government Gazette on 5 March 1974.
† 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; 1971, Nos. 27, 97 and 167; 1972, Nos. 55 and 165; and 1973, Nos. 9, 18, 19 and 220.
Overview
Statutory Rules 1974 No. 21, enacted under the Defence Act 1903-1973, addresses the need to update certain financial allowances for members of the Australian military. This legislative instrument was issued by the Governor-General of Australia, acting on the advice of the Executive Council, and was designed to make precise amendments to the Military Financial (Pacific Islanders) Regulations. The intent behind these regulations is to ensure that the service allowance for members of the Australian Regular Army or the Regular Army Supplement is adjusted appropriately, reflecting changes required from 1 July 1973 onwards. This amendment specifically increases the service allowance from twenty-five cents to thirty cents, thereby ensuring fair compensation for the service of these members.
Scope and Application
The Military Financial (Pacific Islanders) Regulations, as amended by Statutory Rules 1974 No. 21, apply to members of the Australian Regular Army and the Regular Army Supplement who are Pacific Islanders, and pertain specifically to the service allowance. These regulations, enacted under the Defence Act 1903-1973, serve to adjust the service allowance for these members, with the amendment increasing the allowance from twenty-five cents to thirty cents per day. The amendment applies to services rendered on or after 1 July 1973. The regulations are enacted at the Commonwealth level and are subject to further modifications through subordinate instruments as evidenced by the numerous amendments listed in the referenced Statutory Rules. There are no explicit exclusions or exemptions outlined in the provided text, but the scope is limited to the specified increase in service allowance for the defined group and period.
Key Provisions
The main operative sections of these Regulations pertain to the amendment of the Military Financial (Pacific Islanders) Regulations. Regulation 20a of these Regulations is amended to increase the service allowance from twenty-five cents to thirty cents per day (section 1). This amendment applies to service provided on or after 1 July 1973 by members of the Australian Regular Army or the Regular Army Supplement (section 2). These Regulations effectively adjust the financial compensation provided to certain military personnel, reflecting a change in the service allowance.
The obligations and requirements imposed by these Regulations are primarily concerned with the payment of service allowance. The Regulations mandate that service allowance is to be paid according to the amended terms, specifically for service rendered by eligible members after the specified date of 1 July 1973. The amendment adjusts the daily rate of the allowance, and it is crucial for the responsible authorities to ensure that this updated rate is applied correctly to the relevant personnel.
Under these Regulations, there are no specific offences or penalties mentioned for breaches. However, failure to comply with the requirements of the Regulations, such as not adjusting the service allowance rate as stipulated, could potentially lead to legal consequences. Such consequences might include claims for underpayment by affected personnel or administrative actions taken by the Defence Department. While the Regulations themselves do not specify penalties, breaches could result in civil actions for compensation or other legal remedies available under applicable laws.