Statutory Rules
1979 No. 153
REGULATIONS UNDER THE DEFENCE ACT 19031
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 second day of August 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
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AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS2
Commencement
1. These Regulations shall be deemed to have come into operation on 22 December 1978.
Transitional
2. Notwithstanding the amendments effected by these Regulations, where the rate at which vehicle allowance would, but for this regulation, have been payable to a member under regulation 108 of the Military Financial Regulations as amended by these Regulations in respect of travel undertaken at any time during the period commencing on 22 December 1978 and ending at the expiration of the day immediately preceding the date on which these Regulations are notified in the Gazette is less than the rate at which vehicle allowance would have been payable to him under regulation 108 of the Military Financial Regulations in respect of that travel if these Regulations had not been made, that member is entitled to be paid, in respect of that travel, vehicle allowance at the last-mentioned rate.
Vehicle allowance
3. Regulation 108 of the Military Financial Regulations is amended—
(a) by omitting the table in sub-regulation (2) and substituting the following table:
Column 1 | Column 2 | Column 3 | Column 4 |
Item | Engine capacity of motor vehicle not being a motor vehicle powered by a rotary engine | Engine capacity of motor vehicle powered by a rotary engine | Rate of allowance per kilometre |
1 | More than 4,000 cubic centimetres | More than 2,000 cubic centimetres | 18.1 cents |
2 | More than 2,000 cubic centimetres but not more than 4,000 cubic centimetres | More than 1,000 cubic centimetres but not more than 2,000 cubic centimetres | 14.2 cents |
3 | More than 1,500 cubic centimetres but not more than 2,000 cubic centimetres | More than 750 cubic centimetres but not more than 1,000 cubic centimetres | 12.8 cents |
4 | 1,500 cubic centimetres or less | 750 cubic centimetres or less | 11.3 cents |
(b) by inserting in paragraph (a) of sub-regulation (3) “ascertained in accordance with the table in sub-regulation (2)” after “kilometre”;
(c) by omitting sub-regulation (5); and
(d) by omitting from sub-regulation (7) “during a period of 12 months or another period approved by the Minister and the Minister is satisfied that the amount of vehicle allowance that, but for this sub-regulation, would be payable to the member in respect of the period is insufficient to meet the expenses reasonably incurred by the member in travelling in the vehicle on duty during the period,” and substituting “and the Minister is satisfied that the amount of vehicle allowance that, but for this sub-regulation, would be payable to the member is insufficient to meet the expenses reasonably incurred by the member in travelling in the vehicle on duty,”.
Rotary engines
4. Regulation 108aa of the Military Financial Regulations is amended—
(a) by omitting from sub-regulation (1) “In this regulation” and substituting “For the purposes of regulation 108”;
(b) by inserting in paragraph (a) of sub-regulation (1) “in the table in sub-regulation 108 (2)” after “reference” (first occurring); and
(c) by omitting sub-regulation (3).
NOTES
1. Notified in the Commonwealth of Australia Gazette on 9 August 1979.
NOTES—continued
2. Statutory Rules 1966 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 7 and see also Statutory Rules 1979 Nos. 7, 27, 47, 85, 128, 131 and 137.
Overview
The Statutory Rules 1979 No. 153, made under the Defence Act 1903, amend the Military Financial Regulations to adjust the vehicle allowance rates for members of the Australian Defence Force. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations address the need for updated financial provisions that accurately reflect the costs associated with vehicle usage in the Defence Force. The policy objective is to ensure that the vehicle allowance provided to Defence Force members is sufficient to cover their travel expenses when on duty, thereby maintaining operational efficiency and supporting the welfare of service personnel. These amendments provide a more precise calculation of vehicle allowances based on the engine capacity of the motor vehicles used, which is intended to address any discrepancies that may have arisen from previous rates.
Scope and Application
The Regulations under the Defence Act 1903, which were made by the Governor-General on 2 August 1979, primarily pertain to amendments of the Military Financial Regulations. These Regulations govern the financial allowances applicable to members of the Australian Defence Force, particularly concerning vehicle allowances. They came into operation on 22 December 1978 and provide specific rates for vehicle allowances based on the engine capacity of the motor vehicles used, distinguishing between vehicles powered by conventional engines and those powered by rotary engines. Additionally, these Regulations adjust the criteria under which vehicle allowances are paid, ensuring that members are compensated adequately for their travel expenses while on duty. The Regulations do not explicitly state exclusions or exemptions, but they are tailored to the specific financial needs of the Defence Force members as outlined in the Military Financial Regulations.
Key Provisions
The main operative sections of the Statutory Rules 1979 No. 153 (Regulations Under the Defence Act 1903) involve amendments to the Military Financial Regulations, specifically concerning the vehicle allowance for members of the defence force. Regulation 108, which deals with the rates of vehicle allowance, is amended to replace the existing table with a new one that adjusts the rates based on the engine capacity of the motor vehicle (section 3). The amendment also modifies the method of calculating the allowance and the conditions under which the allowance is paid (section 3(b) and (d)). Regulation 108aa, which concerns vehicles powered by rotary engines, is revised to ensure consistency with the new table in Regulation 108 (section 4). The regulations also include a transitional provision to ensure that members who travelled before the regulations were notified receive the higher allowance for that period (section 2).
The Regulations impose specific obligations on the parties involved. Members of the defence force are entitled to a vehicle allowance calculated according to the new rates provided in Regulation 108, subject to the conditions specified in Regulation 108aa. The Minister has the responsibility to ensure that the allowance is sufficient to cover the reasonable expenses incurred by the member while travelling on duty. The Minister must also ensure that members who travelled before the regulations came into effect are compensated at the higher rate if applicable (section 2). The changes to the allowance rates and conditions are intended to provide a fair and updated compensation for travel expenses.
Breaching the provisions of these Regulations can lead to various consequences, although the specific offences and penalties are not detailed in the text. Generally, non-compliance with regulations governing financial allowances could result in administrative penalties or legal action. For instance, if the Minister fails to properly calculate and pay the vehicle allowance as stipulated, this could lead to disputes or claims from the affected members. However, the precise nature of these consequences, including any maximum penalties, is not explicitly stated within the provided excerpt of the Regulations.