Statutory Rules
1976 No. 135
REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*
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 1903-1975.
Dated this twenty-third day of June, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
A. A. STREET
Minister of State for Employment and Industrial Relations
for and on behalf of the Minister of State for Defence.
Amendment of the Military Financial Regulations†
Vehicle allowance.
1. Regulation 108 of the Military Financial Regulations is amended by omitting the table in sub-regulation (2) and substituting the following table:—
Column 1 | Column 2 | Column 3 | Column 4 |
Item | Type of vehicle | Rate of payment per kilometre in cents for each kilometre in the first 12,000 kilometres in any period of 12 months | Rate of payment per kilometre in cents for each kilometre subsequent to the first 12,000 kilometres in any period of 12 months |
1 | Motor truck having a carrying capacity of 1 tonne or over | 17.1 | 12.0 |
2 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has more than 6 cylinders | 16.6 | 11.3 |
3 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 5 or 6 cylinders | 12.9 | 9.1 |
4 | Motor car, or motor truck having a carrying capacity of less than I tonne, the engine of which has 4 cylinders or less | 11.5 | 2.1 |
5 | Motor cycle the engine capacity of which is, or is greater than, 250 cubic centimetres | 8.5 | 6.1 |
6 | Any other motor cycle ................ | 4.1 | 3.2 |
* Notified in the Australian Government Gazette on 24 June 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, Nos. 5, 7, 11, 58, 66, 80, 102 and 108.
Application of amendments.
2. The Military Financial Regulations as amended by these Regulations apply in relation to travel by a member on or after 11 December 1975.
Overview
Statutory Rules 1976 No. 135, enacted under the Defence Act 1903-1975, addresses the need for updated financial regulations pertaining to allowances for military personnel, specifically those relating to vehicle usage. This legislative instrument was introduced to amend the Military Financial Regulations, ensuring they reflect current circumstances and provide accurate compensation for travel expenses incurred by military members. The Regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and were notified in the Australian Government Gazette on 24 June 1976. The policy objective of these amendments is to adjust the rates of payment for vehicle allowances, ensuring that military personnel receive appropriate compensation for their travel expenses in line with the updated financial standards.
Scope and Application
These Regulations, made under the Defence Act 1903-1975, pertain specifically to the Military Financial Regulations and modify the vehicle allowance rates for members of the Australian Defence Force. The amendments apply to travel undertaken by members on or after 11 December 1975 and affect the payment rates for different types of vehicles based on their carrying capacity and engine specifications. The Regulations establish a tiered payment structure, with varying rates for motor trucks, motor cars, and motor cycles depending on their engine size and the number of cylinders. These Regulations apply nationwide within the Commonwealth of Australia, impacting Defence Force personnel who are eligible for vehicle allowances as part of their travel entitlements. The scope of the Regulations is limited to financial allowances for travel purposes and does not extend to other areas of Defence Force operations or financial matters. The Regulations do not explicitly mention any exclusions, exemptions, or thresholds other than those outlined in the amended rates for vehicle allowances.
Key Provisions
The main operative sections of the Statutory Rules 1976 No. 135 are found in Regulation 1, which amends the Military Financial Regulations by updating the vehicle allowance rates. Regulation 1(1) omits the previous table in sub-regulation (2) of the Military Financial Regulations and replaces it with a new table. This table specifies the rates of payment per kilometre for various types of vehicles, broken down into two categories: the first 12,000 kilometres in any 12-month period, and subsequent kilometres. For example, a motor truck with a carrying capacity of 1 tonne or over now receives 17.1 cents per kilometre for the first 12,000 kilometres and 12.0 cents per kilometre thereafter (Regulation 1(1)(a)).
The regulations impose clear obligations on the parties governed by them, specifically requiring adherence to the updated vehicle allowance rates outlined in the amended table. The updated rates are to be applied to all travel by members on or after 11 December 1975 (Regulation 2). This amendment ensures that the financial compensation for travel is accurately calculated based on the new rates provided, affecting both the defence personnel and the Defence Force itself in terms of financial outlay and accounting.
Failure to comply with the new rates as stipulated by these regulations could result in financial discrepancies or misallocations, potentially leading to penalties or other consequences. While the document does not explicitly outline the penalties for non-compliance, it is reasonable to infer that adhering to the updated rates is crucial for maintaining financial accuracy and integrity within the Defence Force. Any breaches might be subject to review under the broader Defence Act 1903-1975, which could include civil or administrative penalties.