Statutory Rules
1976 No. 102
REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*
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 1903-1975.
Dated this twenty-seventh day of May, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
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Amendments of the Military Financial Regulations†
Vehicle allowance.
1. Regulation 108 of the Military Financial Regulations is amended by omitting the table in sub-regulation (2) and substituting the following table:—
Column 1 | Column 2 | Column 3 | Column 4 |
Item | Type of vehicle | Rate of payment per kilometre in cents for each kilometre in the first 12,000 kilometres in any period of 12 months | Rate of payment per kilometre in cents for each kilometre subsequent to the first 12,000 kilometres in any period of 12 months |
1 | Motor truck having a carrying capacity of 1 tonne or over | 13.3 | 9.3 |
2 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has more than 6 cylinders | 12.9 | 8.8 |
3 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 5 or 6 cylinders | 10.0 | 7.0 |
4 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 4 cylinders or less | 9.0 | 6.3 |
5 | Motor cycle the engine capacity of which is, or is greater than, 250 cubic centimetres | 6.6 | 4.7 |
6 | Any other motor cycle.................... | 3.2 | 2.5 |
* Notified in the Australian Government Gazette on 28 May 1976.
† Statutory Rules 1966, No. 35, as amended to date. For previous amendments of the Military Financial Regulations see footnote † to Statutory Rules 1976, No. 5 and see also Statutory Rules 1976, Nos. 5, 7, 11, 58, 66 and 80.
Further amendments.
2. The Military Financial Regulations are further amended as set out in the Schedule.
Application of amendments.
3. The Military Financial Regulations as amended by these Regulations apply in relation to travel by a member on or after 26 November 1974.
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SCHEDULE Regulation 2
Amendments
1. The following provisions of the Military Financial Regulations are amended by omitting the words “ mileage allowance ” (whenever occurring) and substituting the words “ vehicle allowance ”:—
Sub-regulations 108 (1), (2), (3), (4) and (7). regulations 134, 167a and 214, sub-regulations 215 (2) and (3), and sub-regulation 222 (1).
2. The Military Financial Regulations are amended as set out in the following table:—
Provision | Amendment |
Sub-regulation 108 (2)................ | Omit “ mile ”, substitute “ kilometre ”. |
Paragraph 108 (3) (a)................. | Omit “ mile ”, substitute “ kilometre ”. |
| Omit “ miles ”, substitute “ kilometres ”. |
Sub-regulation 108 (5)................ | Omit “ mile ” (wherever occurring), substitute “ kilometre ”. |
| Omit “ 6,000 miles ”, substitute “ 12,000 kilometres ”, |
Sub-regulation 108 (6)................ | Omit “ one cent per mile ”, substitute “ 0.63 cents per kilometre ”. |
Sub-regulation 214 (1)................ | Omit “ mile ”, substitute “ kilometre ”. |
| Omit “ 6.000 miles ”, substitute “ 12,000 kilometres ”. |
| Omit “ One cent per mile ”, substitute “ 0.63 cents per kilometre ”. |
Overview
Statutory Rules 1976 No. 102, made under the Defence Act 1903-1975, were introduced to amend the Military Financial Regulations and address the need to update the allowances for travel by members of the Australian Defence Force. These regulations were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these amendments was to adjust the vehicle allowance rates per kilometre for various types of vehicles used by Defence Force members, reflecting changes in the distance travelled and the types of vehicles involved. This update was essential to ensure that the financial regulations remained relevant and adequately compensated members for their travel-related expenses.
Scope and Application
The Statutory Rules 1976 No. 102, made under the Defence Act 1903-1975, amend the Military Financial Regulations to update the terminology and rates of vehicle allowances for members of the Defence Force. These regulations apply to members of the Australian Defence Force, including the Australian Army, Royal Australian Navy, and Royal Australian Air Force, and their dependents when travelling on Defence business. The amendments to the Military Financial Regulations alter the terminology from "mileage allowance" to "vehicle allowance" and adjust the rates of payment for various types of vehicles based on kilometre usage rather than miles. The changes also update the unit of measurement from miles to kilometres and adjust the corresponding rates accordingly. The amendments apply to travel undertaken on or after 26 November 1974.
Key Provisions
The Statutory Rules 1976 No. 102, which are Regulations under the Defence Act 1903-1975, primarily amend the Military Financial Regulations. These amendments are primarily concerned with updating the terminology from "mileage allowance" to "vehicle allowance" (Regulation 1, Sub-regulation 108(1), (2), (3), (4) and (7), and regulations 134, 167a and 214, sub-regulations 215(2) and (3), and sub-regulation 222(1)). Furthermore, the regulations change the unit of measurement from miles to kilometres (Schedule, Sub-regulation 108(2), Paragraph 108(3)(a), and Sub-regulation 108(5)). The revised rates of payment per kilometre are specified, with different rates applying to different types of vehicles based on their carrying capacity and engine size (Schedule, Sub-regulation 108(2)). The new rates also distinguish between the first 12,000 kilometres and subsequent kilometres in a 12-month period (Schedule, Sub-regulation 108(5) and (6)). The amendments apply to travel by a member on or after 26 November 1974 (Regulation 3).
The obligations imposed by these regulations include ensuring that all financial transactions related to vehicle allowances are in accordance with the updated rates and terminology. Any member of the defence force or authorised individual must correctly calculate and claim vehicle allowances based on the new rates provided in the regulations. This involves maintaining accurate records of travel distances and vehicle types to ensure compliance with the new provisions. The regulations also require that all documentation and claims related to vehicle allowances reflect these changes, including the unit of measurement and the terminology used.
The regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, under the general provisions of the Defence Act 1903-1975, breaches of financial regulations could potentially lead to disciplinary action, financial penalties, or other administrative consequences as determined by the relevant authorities. Given the importance of accurate financial reporting and compliance in defence-related activities, non-compliance could also result in more severe disciplinary measures, depending on the nature and extent of the breach.