Statutory Rules
1978 No. 224
REGULATIONS UNDER THE DEFENCE ACT 1903*
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.
Dated this sixteenth day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Construction for and on behalf of the Minister of State for Defence
AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS †
Allowances payable in respect of authorized journey
1. Regulation 98 of the Military Financial Regulations is amended—
(a) by omitting the table in paragraph (b) of sub-regulation (1) and substituting the following table:
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Meal | Amount for capital city— Brigadier or any higher rank | Amount other than for capital city— Brigadier or any higher rank | Amount for capital city— Colonel or any lower rank | Amount other than for capital city— Colonel or any lower rank |
| $ | $ | $ | $ |
Breakfast ..... | 4.25 | 3.60 | 3.40 | 3.10 |
Lunch ........ | 5.90 | 4.40 | 3.40 | 3.10 |
Dinner ....... | 8.05 | 6.30 | 6.90 | 5.70 |
* Notified in the Commonwealth of Australia Gazette on 23 November 1978.
† Statutory Rules 1966 No. 35 as amended to date. For previous amendments see footnote † to Statutory Rules 1978 No. 22 and see also Statutory Rules 1978 Nos. 22, 60, 69, 76, 87 and 207.
(b) by omitting the table in paragraph (b) of sub-regulation (2) and substituting the following table:
Column 1 | Column 2 | Column 3 | Column 4 |
Amount for capital city— Brigadier or any higher rank | Amount other than for capital city-Brigadier or any higher rank | Amount for capital city— Colonel or any lower rank | Amount other than for capital city— Colonel or any lower rank |
$ | $ | $ | $ |
26.15 | 18.60 | 20.90 | 16.05 |
|
(c) by omitting from sub-regulation (3) “ $4.30 ” and substituting “ $4.65 ”; and
(d) by omitting from sub-regulation (3) “ $3.50 ” and substituting “ $3.75 ”.
Meal allowance
2. Regulation 107 of the Military Financial Regulations is amended by omitting paragraphs (a), (b) and (c) of sub-regulation (2) and substituting the following paragraphs:
“ (a) for breakfast—$3.10;
(b) for lunch—$3.10; and
(c) for dinner—$4.70.”.
Application
3. The Military Financial Regulations as amended by these Regulations apply in relation to—
(a) an authorized journey, within the meaning of Division 10 of Part II of those Regulations, or part of an authorized journey, made after 17 August 1978; and
(b) travel, in respect of which meal allowance within the meaning of regulation 107 of those Regulations is payable, undertaken after 17 August 1978.
Overview
Statutory Rules 1978 No. 224, enacted under the Defence Act 1903, represents a legislative instrument created by the Australian government to address the need for updated financial allowances for military personnel during authorized journeys. The Defence Act 1903 serves as the foundational statute, enabling the creation of detailed regulations concerning the financial administration of the Defence Force. These regulations were introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The overarching policy objective of these regulations is to ensure that military personnel are appropriately compensated for meals during authorised journeys, reflecting changes in economic conditions and costs of living. These regulations, which came into effect on 17 August 1978, modify existing meal allowances and provide clarity and consistency in the financial support provided to military members while on duty.
Scope and Application
The Statutory Rules 1978 No. 224, made under the Defence Act 1903, modify the Military Financial Regulations to update the meal allowance rates for authorised military journeys. These regulations apply to all authorised journeys or parts of such journeys made by military personnel after 17 August 1978, as well as to any travel for which meal allowances are payable from the same date. The revised allowances are specifically tailored to different ranks of military personnel and vary depending on whether the journey is within a capital city or elsewhere. These changes ensure that the financial support provided to military members for their travel-related meals remains current and reflective of the actual costs. The amendments extend to various ranks within the military, from Brigadier to Colonel, and encompass different meal times such as breakfast, lunch, and dinner. Furthermore, these regulations apply across the Commonwealth, thereby ensuring a uniform approach to military financial support throughout Australia.
Key Provisions
The primary sections of these Regulations, which amend the Military Financial Regulations under the Defence Act 1903, pertain to the allowances payable in respect of authorized journeys (Regulation 98) and the meal allowance (Regulation 107). Regulation 98 modifies the table that specifies the amounts payable for meals depending on the rank of the military personnel and whether the journey is within a capital city or not. Regulation 107 adjusts the meal allowance amounts for breakfast, lunch, and dinner. These amendments apply to authorized journeys and travel undertaken after 17 August 1978.
The Regulations impose obligations on the parties involved, primarily the military personnel and the Defence Force, to adhere to the new meal allowance rates. Military personnel are expected to comply with the new rates when claiming allowances for authorized journeys and meals. The Defence Force must ensure that these new rates are correctly applied and reflected in any financial transactions related to military allowances.
Violation of these Regulations, if any, could lead to administrative or financial discrepancies in the allowance claims. However, the Regulations themselves do not explicitly state offences, penalties, or consequences for non-compliance. Any breaches of financial regulations or misconduct related to the allowances would likely be addressed under other relevant provisions of the Defence Act 1903 or Defence Force Discipline Act 1982, which might include administrative penalties, financial recovery, or disciplinary action. The specific penalties would depend on the nature and severity of the breach as outlined in the applicable Acts.