Statutory Rules
1977 No. 13
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 eleventh day of February, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
________
Amendments of the Military Financial Regulations†
Repeal of regulations 12bb and 137.
1. Regulations 12bb and 137 of the Military Financial Regulations are repealed.
Special allowance— officers appointed from rank of Private.
2. (1) Where a member of the Army, being a member who held the rank of Private and to whom pay level 6 was the pay level appropriate under the Military Financial Regulations, was, with effect from the commencement of the prescribed period, appointed to be an officer of the Army and the amount of salary paid to him in respect of his service during that period is less than the amount of salary that would have been payable to him in respect of that service had the rate of salary payable to him in respect of that service been the rate of salary payable to him immediately before the commencement of that period, he is entitled to be paid in respect of that service an additional amount equal to the difference between those 2 first-mentioned amounts.
(2) In this regulation, “ prescribed period ” means the period from and including 14 December 1974 to and including 21 February 1975.
* Notified in the Australian Government Gazette on 16 February 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, No. 3.
Overview
Statutory Rules 1977 No. 13, made under the Defence Act 1903, was enacted to address specific financial issues related to officers appointed from the rank of Private within the Australian Defence Force. The regulations were established by the Governor-General, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to ensure that officers who were previously enlisted as Privates and subsequently promoted receive equitable financial compensation for their service, particularly in cases where their salary might have been adversely affected by the transition to officer status. This legislative instrument was intended to correct financial discrepancies that arose during a prescribed period from December 1974 to February 1975, ensuring that affected officers receive additional allowances to align with their pre-promotion salary levels.
Scope and Application
The Regulations under the Defence Act 1903, specifically Statutory Rules 1977 No. 13, are designed to amend the Military Financial Regulations. These regulations apply to members of the Australian Army, particularly those who have been appointed to an officer rank from the rank of Private. The scope of the Act pertains to financial allowances for these members, ensuring that any reduction in their salary due to the appointment is compensated for during the prescribed period from 14 December 1974 to 21 February 1975. This regulation is limited to the Commonwealth jurisdiction, affecting only military personnel within the Australian Defence Force. There are no stated exclusions or exemptions in these regulations; however, the application is restricted to the specified period and rank transition, thereby ensuring that eligible officers receive the appropriate financial adjustment for their service. The application of these regulations may be further defined or extended through additional subordinate instruments as necessary.
Key Provisions
The main operative sections of these Regulations under the Defence Act 1903 include the repeal of regulations 12bb and 137 of the Military Financial Regulations (section 1) and the introduction of a special allowance for officers appointed from the rank of Private (section 2). Specifically, section 1 removes certain existing regulations, streamlining the financial framework for military personnel. Section 2 provides an additional allowance for officers who were previously Privates and had their salary reduced upon promotion, ensuring they are compensated for any loss in earnings during a specified period from 14 December 1974 to 21 February 1975.
The Regulations impose specific obligations on the Defence Force members who fall under the provisions outlined. For instance, officers who were promoted from the rank of Private and experienced a salary reduction must be paid an additional amount to compensate for the difference in salary (section 2(1)). This ensures that the financial impact of their promotion is mitigated. Additionally, the Regulations necessitate that the prescribed period for this allowance be strictly between 14 December 1974 and 21 February 1975, limiting the scope of the financial adjustment to this timeframe.
There are no explicit offences, penalties, or consequences for breach outlined in the Regulations. However, non-compliance with the financial adjustment requirements could potentially lead to disputes or legal actions by affected officers who do not receive the additional payments to which they are entitled under section 2. While the Regulations do not specify penalties, any failure to adhere to the prescribed allowances might result in internal Defence Force reviews or administrative actions to rectify the issue.