STATUTORY RULES
1963. No. 85.
REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1956.
Dated this twenty-second day of August, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
J. O. CRAMER
Minister of State for the Army.
Amendments of the Military Financial Regulations.†
1. After regulation 105 of the Military Financial Regulations the following regulation is inserted:—
When family of member returning to Australia entitled to travel at expense of the Department.
“105a.—(1.) In this regulation, ‘oversea country’ means a country determined by the Military Board to be an oversea country for the purposes of this regulation.
“(2.) Where—
(a) upon the termination of a member’s service in an oversea country as a member of, or attached to, a body, unit or detachment of the Military Forces of the Commonwealth or of another part of the Queen’s dominions, the member and his family return to Australia from the country; and
(b) in the opinion of the Commander of a Command—
(i) a housing shortage exists in the locality in which the member is, by virtue of his posting, required to serve in Australia upon his return from the oversea country; and
(ii) suitable accommodation for the family of the member is not available in that locality,
the cost of transporting his family and their personal effects from the place where the family disembarks in Australia to a place in Australia where the member has obtained suitable accommodation for his family is payable by the Department.
“(3.) Where, the balance of the intended period of service in a locality of a member whose family was transported to a place at the cost of the Department under the last preceding sub-regulation is not less than six months at the time when he obtains accommodation for his family in that locality, the cost of transporting his family and their personal effects to that locality from that place is payable by the Department.”.
*Notified in the Commonwealth Gazette on 29th August, 1963.
† Statutory Rules 1961, No. 39, as amended by Statutory Rules 1961, Nos. 84, 100 and 129; 1962, Nos. 61 and 75; and 1963, Nos. 9, 23 and .
6427/63.—Price 3d. 9/23.7.1963.
The First Schedule.
2. The First Schedule to the Military Financial Regulations is amended by inserting after the word and figure—
“Regulation 105.”
the words and figure—
“Sub-regulation (1.) of regulation 105a.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1963 No. 85, made under the Defence Act 1903-1956, addresses the need to provide financial support for the transportation of military personnel's families returning to Australia from overseas duty. Enacted by the Governor-General in Council, these regulations ensure that when a military member and their family return from an overseas posting and suitable accommodation is not available due to a housing shortage, the Department covers the cost of transporting the family to a location where suitable accommodation can be obtained. The policy objective is to alleviate the burden on military families by providing necessary support during the transition back to Australia. This legislative instrument ensures that the Department addresses immediate housing challenges faced by returning military families, thereby supporting their welfare and stability.
Scope and Application
The Regulations under the Defence Act 1903-1956, specifically amending the Military Financial Regulations, pertain to members of the Military Forces of the Commonwealth or those attached to units of another part of the Queen's dominions, as well as their families. The primary focus of these regulations is to address the financial responsibility of the Department when members return to Australia from overseas service, particularly in circumstances where housing shortages and unavailability of suitable accommodation pose challenges for the members' families. The regulations stipulate that if a member and their family return to Australia from an oversea country, and if a housing shortage exists in the locality where the member is required to serve, along with the unavailability of suitable accommodation, the cost of transporting the family and their personal effects from the disembarkation point to the location where the member has secured suitable accommodation will be borne by the Department. Additionally, if the member's remaining service period in a locality is at least six months upon obtaining accommodation for their family, the Department will also cover the cost of transporting the family from the disembarkation point to that locality. These provisions underscore the Commonwealth's commitment to ensuring that service members and their families are supported in a practical and financially considerate manner during their transitions.
Key Provisions
The main operative sections of these Regulations (as cited in Statutory Rules 1963, No. 85) amend the Military Financial Regulations by inserting a new regulation, 105a, which governs the conditions under which the Department is required to cover the costs of transporting the family of a military member returning to Australia from an oversea country. Specifically, section 105a(1) defines 'oversea country' as a country determined by the Military Board to be an overseas country for the purposes of these regulations. Section 105a(2) outlines the circumstances under which the Department must pay for the transportation of a member's family: when the member and his family return to Australia from an oversea country upon termination of service, and if the Commander of a Command determines that there is a housing shortage in the locality where the member is required to serve upon return and suitable accommodation is not available for the member's family. Section 105a(3) extends the Department's obligation to cover transportation costs if the member has not completed the intended period of service in the locality where he obtains accommodation for his family, provided that period is at least six months.
These Regulations impose specific obligations on both the Department and military members. For the Department, the obligation is to cover the costs of transporting the family and personal effects of a member returning to Australia under certain conditions. For the military member, the obligation is to ensure that suitable accommodation is obtained for his family within the specified timeframe. Additionally, the Regulations place a responsibility on the Commander of a Command to assess housing shortages and the availability of suitable accommodation in the locality where the member is required to serve upon return.
Violations of the provisions in these Regulations may not be explicitly detailed in the text provided; however, under the Defence Act 1903-1956, breaches of regulations could potentially result in civil or criminal penalties. The specific nature of these penalties would depend on the severity of the breach and could include fines or other sanctions as prescribed by law. The maximum penalties, if applicable, would be determined in accordance with the relevant sections of the Defence Act 1903-1956 and any other pertinent legislation.