Statutory Rules
1976 No. 238
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 fourth day of November, 1976.
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†
Vehicle allowance— amendment of table.
1. Regulation 108 of the Military Financial Regulations is amended by omitting item 4 from the table in sub-regulation (2) and substituting the following item:—
“ 4 | Motor car, or motor truck having a tarrying capacity of less than 1 tonne, the engine of which has 4 cylinders or less | 11.6 | 8.1 ”. |
* Notified in the Australian Government Gazette on 9 November 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, 100, 135 and 205.
Vehicle allowance—new table.
2. Regulation 108 of the Military Financial Regulations as amended by regulation 2 of these Regulations is further 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 | 18.6 | 13.0 |
2 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has more than 6 cylinders | 18.1 | 12.3 |
3 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 5 or 6 cylinders | 14.0 | 9.9 |
4 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 4 cylinders or less | 12.6 | 8.8 |
5 | Motor cycle the engine capacity of which is, or is greater than, 250 cubic centimetres | 9.2 | 6.6 |
6 | Any other motor cycle............... | 4.4 | 3.4 |
Application—regulation 1.
3. The Military Financial Regulations as amended by regulation 1 of these Regulations apply in relation to travel by a member after 10 December 1975.
Application—regulation 2.
4. The Military Financial Regulations as amended by regulation 2 of these Regulations apply in relation to travel by a member after 21 July 1976.
Overview
The Statutory Rules 1976 No. 238 were made under the Defence Act 1903 with the intent to amend the Military Financial Regulations concerning the rates of payment for vehicle allowances to military personnel. Enacted by the Governor-General of the Commonwealth of Australia, acting on advice from the Federal Executive Council, these regulations specifically address the adjustments to the reimbursement rates for various types of vehicles used by military members for operational purposes. The policy objective, as implied by the amendments, is to ensure that the financial support provided to military personnel for their use of vehicles is equitable and reflective of the current economic conditions.
The new regulations establish a tiered rate of payment based on the type and engine capacity of the vehicle, aiming to provide fair compensation for the use of personal vehicles for military purposes. These amendments, which took effect on different dates depending on the specific changes, seek to streamline and standardise the allowance process, thereby enhancing the efficiency and effectiveness of financial support mechanisms for military personnel.
Scope and Application
Statutory Rules 1976 No. 238, made under the Defence Act 1903, pertains to amendments of the Military Financial Regulations, specifically targeting the vehicle allowance rates for military personnel. These regulations apply to members of the Defence Force, including both officers and enlisted personnel, and govern the financial compensation for travel expenses incurred in the course of duty. The amendments outlined in the statutory rules modify the table in Regulation 108 of the Military Financial Regulations, introducing new rates for various types of vehicles based on their engine specifications and carrying capacity. The regulations extend their applicability to travel undertaken by members after 10 December 1975 and 21 July 1976, respectively, depending on the specific amendment. The regulations do not explicitly state any exclusions or thresholds but imply that they apply to all eligible members of the Defence Force travelling on duty within the specified timeframes. The application of these regulations is nationwide, reflecting the federal nature of the Defence Act 1903, and they are subject to further interpretation or expansion through subordinate instruments if necessary.
Key Provisions
The key provisions of these Regulations concern the amendment of the Military Financial Regulations, particularly regarding vehicle allowances. Regulation 1 removes an existing item from the table in sub-regulation (2) of Regulation 108, which pertains to motor vehicles with 4 cylinders or less, and replaces it with a new entry (Regulation 1). Regulation 2 further amends Regulation 108 by substituting a new table that provides detailed rates of payment per kilometre for various types of motor vehicles, based on their carrying capacity and engine specifications (Regulation 2). The new table distinguishes between motor trucks and motor cars with different engine capacities, as well as motor cycles of varying engine sizes (Regulation 2).
These Regulations impose specific obligations on members of the military regarding the rates at which they can claim vehicle allowances. Members must adhere to the new rates provided in the amended table for the type of vehicle they are using, which are dependent on the vehicle's carrying capacity and engine size (Regulation 2). For travel after 10 December 1975, the members must apply the rates specified in the new table for motor vehicles with 4 cylinders or less (Regulation 1). For travel after 21 July 1976, the members must use the comprehensive new table that details rates for various types of motor vehicles and motor cycles (Regulation 2).
The Regulations do not explicitly state any offences, penalties, or consequences for non-compliance. However, it can be inferred that failure to adhere to the new rates for vehicle allowances could lead to incorrect claims, which might be subject to review and rectification by the relevant authorities. While specific penalties are not mentioned, any discrepancies in claimed allowances could result in financial adjustments and potential scrutiny by the Defence Force.