Statutory Rules
1980 No. 157
INTERIM DETERMINATION UNDER THE DEFENCE
AMENDMENT ACT 19791
I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this sixth day of June 1980.
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence
AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS2
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 Meal | Column 2 Amount for capital city—Brigadier or any higher rank | Column 3 Amount other than for capital city—Brigadier or any higher rank | Column 4 Amount for capital city—Colonel or any lower rank | Column 5 Amount other than for capital city—Colonel or any other rank |
| $ | $ | $ | $ |
Breakfast | 5.05 | 4.45 | 4.30 | 3.80 |
Lunch | 7.05 | 5.40 | 4.55 | 4.40 |
Dinner | 10.00 | 7.85 | 9.00 | 7.20 |
(b) by omitting the table in paragraph (b) of sub-regulation (2) and substituting the following table:
Column 1 Amount for capital city—Brigadier or any higher rank | Column 2 Amount other than for capital city—Brigadier or any higher rank | Column 3 Amount for capital city—Colonel or any lower rank | Column 4 Amount other than for capital city—Colonel or any other rank |
$ | $ | $ | $ |
33.00 | 22.90 | 26.00 | 19.05 |
(c) by omitting from sub-regulation (3) “$5.00” and substituting “$5.90”; and
(d) by omitting from sub-regulation (3) “$3.90” and substituting “$4.30”.
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—$3.80;
(b) for lunch—$4.40; and
(c) for dinner—$5.95.”.
Application
3. The Military Financial Regulations as amended by this Interim Determination apply in relation to—
(a) an authorized journey within the meaning of Division 10 of Part II of those Regulations, or part of such an authorized journey, made on or after 8 May 1980; and
(b) travel in respect of which meal allowance is payable under regulation 107 of those Regulations undertaken on or after 8 May 1980.
1. Notified in the Commonwealth of Australia Gazette on 20 June 1980.
2. Statutory Rules 1966 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 30 and see also Statutory Rules 1980 Nos. 30, 33, 45, 46, 47, 56, 57, 130 and 156.
Overview
The Interim Determination under the Defence Amendment Act 1979, enacted on 6 June 1980, was introduced to address the need for updating military financial regulations. This legislative instrument, made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, specifically targets the allowances payable for authorized journeys and meal allowances for military personnel. The objective is to ensure that the financial regulations align with current requirements, particularly concerning meal allowances for different ranks and locations. The changes, effective from 8 May 1980, adjust the rates of allowances for authorised journeys and meal expenses, reflecting updated costs and standards.
Scope and Application
The Interim Determination under the Defence Amendment Act 1979 applies to the Military Financial Regulations, specifically amending the allowances payable in respect of authorised journeys. It modifies the meal allowance rates and applies to authorised journeys made on or after 8 May 1980 and travel for which meal allowance is payable under regulation 107 of the Military Financial Regulations undertaken on or after the same date. This amendment affects military personnel, including Brigadiers, Colonels, and other ranks, who are eligible for meal allowances during authorised journeys within Australia or overseas. The scope of the Interim Determination is limited to the specified dates and the types of travel and allowances outlined in the Regulations. There are no stated exclusions, exemptions, or thresholds within the Interim Determination itself; however, the applicability of the amended regulations would still be subject to the overarching provisions of the Military Financial Regulations. Subordinate instruments may further extend or restrict the application of these amendments.
Key Provisions
The main operative sections of this legislation, Statutory Rules 1980 No. 157, amend the Military Financial Regulations under the Defence Amendment Act 1979. Specifically, Regulation 98, which deals with allowances payable in respect of authorised journeys, is amended to adjust the rates of meal allowances for military personnel of different ranks, both in capital cities and elsewhere (section 1(a) and (b)). Additionally, the regulation modifies the rates for specific meal allowances from $5.00 to $5.90 and from $3.90 to $4.30 (section 1(c) and (d)). Regulation 107 is also amended to change the rates for breakfast, lunch, and dinner meal allowances (section 2). These amendments apply to authorised journeys made on or after 8 May 1980 and to travel for which meal allowance is payable under Regulation 107 from the same date (section 3).
The Act imposes specific obligations on military personnel and the Defence Force to adhere to the new meal allowance rates as set out in the amended Regulations. Military personnel must ensure they are aware of and apply the updated rates when claiming meal allowances for authorised journeys. The Defence Force is required to implement these changes in their administrative processes to reflect the new allowances. The amendments also mandate that all claims for meal allowances submitted on or after 8 May 1980 must comply with the updated rates specified in the Interim Determination.
Failure to comply with the amended meal allowance rates may not explicitly state any offences or penalties within the text of this Interim Determination. However, non-compliance with Defence regulations generally could lead to administrative or disciplinary action. Such actions might include the withholding of allowances, financial audits, or investigations into potential misuse of funds. While the specific penalties for non-compliance are not detailed in this statutory rule, it is reasonable to infer that they could include financial penalties, administrative sanctions, or other disciplinary measures as per Defence Force regulations.