Statutory Rules
1978 No. 87
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 twenty-first day of June 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS†
Commencement
1. These Regulations shall be deemed to have come into operation on 18 January 1978.
District allowance
2. Regulation 41 of the Military Financial Regulations is amended by omitting the table in sub-regulation (4b) and substituting the following table:
Column 1 | Column 2 | Column 3 | Column 4 |
Grade | Married member living out— rate per day | Unmarried member living out— rate per day | Member living in— rate per day |
| $ | $ | $ |
1.......................... | 0.93 | 0.49 | 0.34 |
2.......................... | 1.70 | 0.88 | 0.62 |
3.......................... | 2.71 | 1.48 | 1.04 |
4.......................... | 3.78 | 2.16 | 1.51 |
5.......................... | 4.90 | 2.90 | 2.03 |
6.......................... | 6.14 | 3.78 | 2.65 |
* Notified in the Commonwealth of Australia Gazette on 27 June 1978.
† Statutory Rules 1966. No. 35 as amended date. For previous amendments of the Military Financial Regulations see footnote † to Statutory Rules 1978 No. 22 and see also Statutory Rules 1978, Nos. 22. 60, 69 and 76.
Overview
Statutory Rules 1978 No. 87, made under the Defence Act 1903, was introduced to amend the Military Financial Regulations with specific changes to the allowance rates for military personnel. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations were designed to address the need for updated financial allowances reflecting the cost of living and service conditions. The primary objective of these amendments is to ensure that the financial support provided to military members adequately accounts for their living circumstances and ranks, thereby maintaining their welfare and morale. These regulations came into effect on 18 January 1978, updating the previously established rates for married and unmarried members living in or out of the military's care.
Scope and Application
The Regulations made under the Defence Act 1903 are applicable to military personnel within the Australian Defence Force, specifically targeting financial regulations that govern allowances and payments to service members. The regulations provide detailed allowances for both married and unmarried members living in or out of designated areas, and these apply across all Defence Force districts within Australia. The allowances vary by rank, indicating a tiered approach to compensation based on the member's status and living arrangements. The regulations establish a clear financial framework intended to support the welfare of Defence personnel, ensuring that they receive appropriate and consistent payments in accordance with their rank and living conditions. The application of these regulations is national in scope, impacting all members of the Australian Defence Force regardless of their location within Australia. These regulations are effective from 18 January 1978 and supersede previous versions, ensuring that the financial structure for Defence personnel is updated and maintained in line with current standards and requirements.
Key Provisions
The Regulations under the Defence Act 1903, specifically Statutory Rules 1978 No. 87, amend the Military Financial Regulations by altering the rates of district allowances for military personnel. Regulation 1 establishes the commencement date of these Regulations as 18 January 1978. Regulation 2 modifies Regulation 41 of the Military Financial Regulations, updating the table that lists daily rates of district allowances based on the grade and living conditions of the military personnel. These rates are set for married members living out, unmarried members living out, and members living in, across various grades from 1 to 6.
Under these Regulations, the obligations on military personnel primarily revolve around the accurate reporting and claiming of district allowances. Military members are required to adhere to the updated rates specified in Regulation 2 for claiming their allowances correctly. This includes ensuring that they provide accurate information regarding their marital status and living conditions to receive the appropriate daily rate. Additionally, the Defence Department has the responsibility of ensuring that these updated rates are communicated effectively to all relevant personnel and that any changes are properly implemented within the existing financial systems.
Breaching the provisions of these Regulations could lead to several consequences. While the specific offences and penalties are not detailed in the Regulations themselves, any non-compliance with the financial regulations set out by the Defence Act 1903 could potentially lead to disciplinary action against military personnel. This could include administrative penalties or more severe consequences if the breach is deemed significant. For civil or criminal penalties, one would need to refer to the Defence Act 1903 and related legislation, which may include fines or imprisonment for serious breaches. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws at the time of the offence.