Statutory Rules
1977 No. 141
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 nineteenth day of August, 1977.
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†
District allowance.
1. Regulation 41 of the Military Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (4b) the words “ district allowance ” and substituting the words “ district allowances ”;
(b) by omitting from paragraph (a) of sub-regulation (4b) the words “ the first column ” and substituting the word and figure “ column 1 ”;
(c) by omitting from paragraph (b) of sub-regulation (4b) the words “ the first column ” and substituting the word and figure “ column 1 ”;
(d) by omitting from sub-regulation (4b) the words “ so specified in the following table ” and substituting the words “ specified opposite that grade in whichever of column 2, 3 or 4 of that table is applicable to the member ”;
(e) by omitting the table in sub-regulation (4b) and substituting the following table:—
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* Notified in the Commonwealth of Australia Gazette on 23 August 1977.
† Statutory Rules 1966, No. 35 as amended to date. For previous amendments of the Military Financial Regulations see footnote † to Statutory Rules 1977, No. 3 and see also Statutory Rules 1977, Nos. 3, 13, 36, 90, 102 and 140.
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........................................... | 0.85 | 0.44 | 0.31 |
2........................................... | 1.53 | 0.79 | 0.55 |
3........................................... | 2.47 | 1.34 | 0.94 |
4........................................... | 3.42 | 1.97 | 1.38 |
5........................................... | 4.47 | 2.63 | 1.84 |
6........................................... | 5.59 | 3.42 | 2.39 |
and
(f) by omitting sub-regulation (4d) and substituting the following sub-regulation:—
“ (4d) Where a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations is removed from the list referred to in that regulation, this regulation applies to a member—
(a) who, immediately before that removal, resided in an isolated district that comprised that locality;
(b) to whom district allowance has been paid or is payable in respect of his residence in that district during a period immediately preceding that removal; and
(c) who continues to reside in that district after that removal, as if that locality had not been removed from that list until the expiration of—
(d) 1 year after that removal; or
(e) the period during which the member continued to reside in that district after that removal,
whichever is the sooner, and the rate of district allowance payable to the member had been the rate ascertained in accordance with this regulation as in force immediately before that removal.”.
Application.
2. The Military Financial Regulations as amended by regulation 1 apply in relation to service by members after 1 June 1977.
Overview
Statutory Rules 1977 No. 141, made under the Defence Act 1903, provides amendments to the Military Financial Regulations. This legislative instrument was enacted to address administrative and financial inconsistencies in the allowances paid to military personnel, ensuring that they are updated in line with changes to locality classifications for district allowances. The Regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into effect on 1 June 1977. The policy objective is to maintain fair and consistent financial support for military members based on their living situations and the localities in which they reside.
Scope and Application
The Regulations under the Defence Act 1903, as stipulated in Statutory Rules 1977 No. 141, apply to members of the Australian Defence Force who are serving after 1 June 1977. These regulations amend the Military Financial Regulations, specifically adjusting the district allowances for members living in isolated districts. The changes involve updating the terminology and figures associated with district allowances, replacing singular terms with plural ones and modifying the rates specified in the regulations. Additionally, the regulations ensure continuity of allowances for members residing in districts that may be removed from the list of localities eligible for such allowances, providing transitional provisions for a period of up to one year or the duration of the member's continued residence in the district, whichever is shorter. The scope of these amendments is confined to the financial regulations governing allowances for Defence Force members and do not extend to other areas of defence operations or personnel conduct.
Key Provisions
The Statutory Rules 1977 No. 141, under the Defence Act 1903, primarily amend Regulation 41 of the Military Financial Regulations concerning district allowances for military personnel. Regulation 41(4b) has been revised to clarify the application of district allowances by specifying that allowances are to be determined based on the member's grade and living situation, as indicated in a new table provided in the regulation. This table replaces the previous one, detailing the rates for married members living out, unmarried members living out, and members living in, for each grade. The regulation also includes a new sub-regulation (4d) that provides conditions under which district allowances continue to be applicable even if a locality is removed from the list of classified localities for the purposes of such allowances.
These amendments impose specific obligations on the military financial administration to ensure that the correct district allowances are calculated and paid to members based on their grade and living arrangements. The revised regulation requires that these allowances be determined by referencing the appropriate column in the new table provided in Regulation 41(4b). Additionally, Regulation 41(4d) mandates that district allowances continue to be applicable for a period of one year or until the member ceases to reside in the locality, whichever is sooner, if the locality is removed from the classified list.
While the Statutory Rules 1977 No. 141 do not explicitly outline specific offences, penalties, or consequences for breach, any failure to comply with the amended regulations could potentially lead to disputes over the accuracy of financial entitlements. Such disputes might require resolution through internal military administrative processes or potentially through external legal mechanisms if deemed necessary. The primary focus of these regulations is on ensuring clarity and accuracy in the calculation and payment of district allowances, thereby maintaining fairness and consistency in financial support provided to military personnel based on their living conditions and grades.