Statutory Rules
1977 No. 239
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-ninth day of November 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†
Allowances payable in respect of authorized journey
1. Regulation 98 of the Military Financial Regulations is amended—
(a) by omitting “ (7) ” from sub-regulation (1) and substituting “ (6) ”;
(b) by omitting from sub-regulation (2) “ journey.” and substituting “ journey—”; and
(c) by omitting “ (7) ” from sub-regulation (3) and substituting “ (6) ”.
2. The Military Financial Regulations are amended by repealing the following regulation:
Mess fees allowance for services at Woomera and Maralinga
“ 103. Where a member visits the Weapons Research Establishment at Woomera or the Army Establishment at Maralinga and is provided with rations and quarters at a mess, an allowance of an amount equivalent to the amount of any obligatory mess fees incurred by the member during that visit is payable to him, subject to such conditions as are approved by the Minister.”.
* Notified in the Commonwealth of Australia Gazette on 5 December 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, 13, 36, 90, 102, 140 and 141.
3. Regulation 107 of the Military Financial Regulations is repealed and the following regulation substituted:
Meal allowance
“ 107. (1) Where, in accordance with a direction given by a proper Service authority, a member travels on duty and his journey includes the period of a meal but does not necessitate his absence overnight from his normal place of residence—
(a) if the fare paid for the journey does not include payment for that meal; and
(b) if he is not provided with that meal at the expense of the Commonwealth,
the member shall be paid an amount by way of meal allowance in respect of that period.
“ (2) The rates at which meal allowance is payable to a member are—
(a) for breakfast—$2.35;
(b) for lunch—$2.35; and
(c) for dinner—$3.30.
“ (3) For the purposes of this regulation, the period of a meal is the period specified in sub-regulation 98 (7) in respect of that meal.
“ (4) Sub-regulation 98 (8) applies in respect of a journey referred to in sub-regulation (1) as if it were an authorized journey.”.
Vehicle allowance
4. Regulation 108 of the Military Financial Regulations is amended by omitting from sub-regulation (4) “ the last preceding sub-regulation ” and substituting “ sub-regulation (3) ”.
Overview
Statutory Rules 1977 No. 239, made under the Defence Act 1903, was enacted to address the need for updating and streamlining the Military Financial Regulations. This legislative instrument was introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary aim of these regulations is to ensure that financial provisions for military personnel are accurately and fairly administered. These amendments included updating references within the regulations and adjusting specific allowances to reflect current practices and standards. The regulations also repealed outdated allowances such as the mess fees for visits to Woomera and Maralinga, and introduced new provisions for meal allowances during duty travel.
Scope and Application
Statutory Rules 1977 No. 239, made under the Defence Act 1903, amends the Military Financial Regulations to revise allowances payable in respect of authorized journeys for military personnel. Specifically, it modifies the meal allowance provisions for members who travel on duty, ensuring they are compensated for meals if the fare does not include payment for the meal and if the meal is not otherwise provided at the Commonwealth's expense. These regulations apply to all members of the Australian Defence Force, governing their entitlements when travelling on duty. The changes affect the rates of meal allowances, with specific amounts set for breakfast, lunch, and dinner. Additionally, the regulations eliminate the mess fees allowance for services at Woomera and Maralinga, as well as repealing and replacing the meal allowance regulation. These amendments aim to update and streamline the financial provisions related to travel for military personnel.
Key Provisions
The Statutory Rules 1977 No. 239, made under the Defence Act 1903, introduce amendments to the Military Financial Regulations concerning allowances for members of the Australian Defence Force. Regulation 98 is amended by replacing instances of “ (7) ” with “ (6) ” in sub-regulations (1) and (3), and by altering the wording of sub-regulation (2) to change “journey.” to “journey—”. These changes primarily involve technical corrections to the structure and wording of the regulations, ensuring consistency and clarity in the application of financial allowances for travel and meals.
These regulations impose specific obligations on the members of the Defence Force and the Defence authorities. Members who travel on duty and have meal periods during their journey, as directed by a proper Service authority, are entitled to meal allowances if the fare does not include meal payments and if the meal is not provided by the Commonwealth. The rates for these meal allowances are set at $2.35 for breakfast and lunch, and $3.30 for dinner. Furthermore, the regulations require that the period of a meal be defined according to sub-regulation 98 (7), ensuring a clear understanding of the timing and conditions for the allowance.
The regulations also establish consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences are not detailed in the statutory rules, breaches of Defence Act regulations generally may lead to disciplinary action, financial penalties, or other administrative measures. The maximum penalties would depend on the severity of the breach and the specific provisions of the Defence Act and related regulations.
Overall, these amendments aim to refine and clarify the financial allowances for Defence Force members, ensuring that they are fairly and accurately compensated for authorised travel and meals. The changes emphasize the importance of precise regulation and the clear definition of allowances to maintain fairness and transparency in financial support for Defence personnel.