Statutory Rules
1976 No. 7
REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*
I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.
Dated this fourteenth day of January, 1976.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
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Amendments of the Military Financial Regulations†
Continuation of allowances while on leave.
1. Regulation 162a of the Military Financial Regulations is amended—
(a) by omitting all words from and including the words “ serving in ” to and including the words “ oversea country ” (third occurring) and substituting the words “ is absent from duty on recreation leave for a period commencing immediately after completing his duty in an oversea country ”; and
(b) by omitting the words “ part of that period, as the case may be ” and substituting the words “ in respect of such part of that period (being the part that commenced on the date on which the member commenced that period of recreation leave) as equals the period of recreation leave applicable to the member in respect of one year’s service ”.
Repeal of regulation 243.
2. Regulation 243 of the Military Financial Regulations is repealed.
Commencement.
3. The amendments effected by regulation 1 shall be deemed to have come into operation on 28 November 1973.
* Notified in the Australian Government Gazette on 22 January 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, No. 5. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No, 100, as amended by 1973, Nos. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93 and 208; 1975, Nos. 34, 149, 163 and 197; and 1976, No. 3).
Overview
Statutory Rules 1976 No. 7, made under the Defence Act 1903-1975, was introduced to amend the Military Financial Regulations, specifically to address issues related to the continuation of allowances for military personnel while they are on leave. Enacted by the Administrator of the Government of Australia, A. R. Cutler, with the advice of the Executive Council, these regulations aim to refine the financial provisions governing military allowances during periods of leave. The policy objective behind these amendments is to ensure that military members receive appropriate financial support during their time off, particularly after completing duties in overseas countries, thereby maintaining the welfare and morale of the Defence Force personnel. The regulations came into effect on 28 November 1973, and their amendments were officially notified in the Australian Government Gazette on 22 January 1976.
Scope and Application
The Statutory Rules 1976 No. 7, made under the Defence Act 1903-1975, primarily amend the Military Financial Regulations to modify the continuation of allowances while on leave for members of the Australian Defence Force who are absent from duty on recreation leave following service in an overseas country. These regulations apply to members of the Australian Defence Force, which includes the Australian Army, Royal Australian Navy, and Royal Australian Air Force. The changes specified in the regulations are designed to alter the conditions under which financial allowances are continued during periods of leave, with a particular focus on the continuity of such allowances post-overseas service. The regulations also repeal Regulation 243 of the Military Financial Regulations. These amendments are deemed to have come into operation on 28 November 1973, although the regulations themselves were formally made on 14 January 1976. The scope of these regulations is national, as they pertain to the entire Australian Defence Force, irrespective of their location within Australia or overseas.
Key Provisions
The Regulations under the Defence Act 1903-1975, made on 14 January 1976, introduce two key amendments to the Military Financial Regulations. Firstly, regulation 162a is amended to ensure that military personnel who are on recreation leave immediately following their duty in an overseas country will continue to receive certain allowances. This amendment is designed to maintain the financial support for service members during their leave period, ensuring continuity in their compensation. The specific changes include omitting certain words and substituting others to clarify the eligibility for these allowances during the leave period. Secondly, regulation 243 is repealed, effectively removing a previous provision that may have been outdated or redundant.
These Regulations impose specific obligations on the parties governed by them, primarily military personnel and the Defence Force administration. For military personnel, the amendments mean they must ensure they are aware of the updated conditions for receiving allowances during their leave periods. The Defence Force administration is tasked with implementing these changes and ensuring that the appropriate allowances are disbursed according to the new regulations. The repeal of regulation 243 removes a previous administrative burden and potentially simplifies the process for handling allowances.
Breach of these Regulations, while not explicitly detailed in the provided text, could lead to various civil or criminal consequences depending on the nature of the breach. The Defence Act 1903-1975 and related military laws would provide the framework for determining penalties. Generally, penalties for breaches could range from administrative fines to more severe disciplinary actions, depending on the severity and intent behind the breach. The maximum penalties would be outlined in the broader Defence Act or related military legislation. It is essential for all parties to adhere to these Regulations to avoid any potential repercussions.