Statutory Rules
1977 No. 36
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-fourth day of March, 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†
Allowances payable in respect of authorized journey.
1. Regulation 98 of the Military Financial Regulations is amended—
(a) by omitting from the table in sub-regulation (1) the figures in columns 2, 3, 4 and 5 and substituting respectively the following figures:—
“ 3.35 | 2.90 | 2.35 | 2.35 |
4.50 | 3.50 | 2.35 | 2.35 |
6.80 | 5.15 | 4.90 | 4.00 ”; |
(b) by omitting from the table in sub-regulation (2) the figures in columns 1, 2, 3 and 4 and substituting respectively the following figures:—
“ 22.50 | 15.10 | 16.70 | 11.55 ”; and |
(c) by omitting from sub-regulation (3) the figures “ 3.50 ” and “ 2.80 ” and substituting respectively the figures “ 3.85 ” and “ 3.10 ”.
Meal allowance.
2. Regulation 107 of the Military Financial Regulations is amended by omitting from sub-regulation (2) paragraphs (a), (b) and (c) and substituting the following paragraphs:—
“ (a) for breakfast—$2.35;
(b) for a midday meal—$2.35; and
(c) for an evening meal—$3.30.”.
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* Notified in the Australian Government Gazette on 28 March 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 and 13.
Application.
3. (1) The Military Financial Regulations as amended by these Regulations apply in relation to an authorized journey, or part of an authorized journey, made after 4 August 1976.
(2) In respect of an authorized journey, or part of an authorized journey, made after 4 August 1976 but before 19 January 1977, the amount payable to the member shall be the greater of the following amounts:—
(a) the amount payable to the member under the Military Financial Regulations as in force before 19 January 1977;
(b) the amount payable to the member under the Military Financial Regulations as amended by these Regulations.
Overview
Statutory Rules 1977 No. 36, Regulations under the Defence Act 1903, was enacted to amend the Military Financial Regulations, specifically concerning allowances for authorized journeys and meal allowances for military personnel. This legislative instrument was introduced to address discrepancies in the allowances and to ensure that they are updated in line with economic changes since the original regulations were enacted. The Regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective was to provide necessary adjustments to the financial provisions for military personnel in relation to travel and meal expenses, thereby ensuring that the allowances remain fair and relevant.
Scope and Application
The Regulations under the Defence Act 1903, specifically Statutory Rules 1977 No. 36, pertain to amendments of the Military Financial Regulations. These amendments apply to members of the Australian Defence Force (ADF) who undertake authorised journeys and are effective for journeys made after 4 August 1976. The regulations address the allowances payable in respect of authorised journeys and meal allowances, thereby affecting the financial entitlements of ADF members during their service-related travels. The amendments update the figures for journey allowances and meal costs, ensuring that the financial support provided to members reflects current economic conditions. The scope of these regulations is limited to the financial aspects of ADF operations, focusing on the provision of allowances and ensuring that members receive appropriate compensation for their travel and meal expenses during authorised journeys.
Key Provisions
The Regulations under the Defence Act 1903, specifically Statutory Rules 1977 No. 36, primarily amend the Military Financial Regulations to adjust the allowances payable in respect of authorized journeys and meal allowances for military personnel. Regulation 98 is amended to update the figures for journey allowances, removing previous figures and substituting new ones (Regulation 98(1)(a)). Similarly, the meal allowances outlined in Regulation 107 are revised, with specific amounts set for breakfast, midday meals, and evening meals (Regulation 107(2)). These regulations apply to authorized journeys made after 4 August 1976, with specific transitional provisions for journeys occurring between 4 August 1976 and 19 January 1977 (Regulation 3(2)).
The Regulations impose specific obligations on military personnel and the authorities managing military finances. Military personnel must adhere to the updated allowances for authorized journeys and meal expenses as stipulated in the amended Regulations. The authorities responsible for disbursing these allowances must ensure compliance with the new financial parameters set forth in Regulations 98 and 107. This includes verifying the eligibility of the journey and the accuracy of the amounts paid in accordance with the updated figures.
Failure to comply with the provisions of these Regulations may result in financial discrepancies or unauthorized disbursements, potentially leading to disciplinary action or other administrative consequences. The Regulations do not explicitly outline criminal or civil penalties but imply that non-compliance could lead to financial audits, reviews, and corrective measures to ensure adherence to the updated financial allowances.