Naval Establishments Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B02445 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1964. No. 103.

—————

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1952.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1952.

Dated this thirteenth day of August, 1964.

Administrator.

By His Excellency’s Command,

Minister of State for the Navy.

————

AMENDMENTS OF THE NAVAL ESTABLISHMENTS REGULATIONS.†

1. Regulation 77 of the Naval Establishments Regulations is repealed and the following regulation is inserted in its stead:—

Allowance payable where meals or lodging provided.

“77. Where, during a period in respect of which travelling allowance would, but for this regulation, be payable to an officer or employee under regulation 75 of these Regulations—

(a) the officer or employee is provided, at the expense of the Commonwealth—

  (i) with both meals and lodging;

 (ii) with meals only, not being meals provided while he is travelling on a journey; or

(iii) with lodging only,

the officer or employee shall not be paid travelling allowance under regulation 75 of these Regulations in respect of that period but shall be paid—

(iv) an amount equal to the amount (if any) expended by the officer or employee on meals or lodging during that period or, if the Naval Board is satisfied that the amount so expended is not reasonable in the circumstances, such amount as the Naval Board considers reasonable; and

 

* Notified in the Commonwealth Gazette on 20th August, 1964.

† Statutory Rules 1936, No. 107, as amended to date. For previous amendments of the Naval Establishments Regulations see Footnote † to Statutory Rules 1964, No. 2 and see also Statutory Rules 1964, Nos. 2, 20 and 98.

5667/64.—PRICE 9D. 10/24.6.1964.


(v) such amount in respect of incidental expenses incurred by the officer or employee during that period as the Naval Board determines; or

(b) the officer or employee is travelling on a journey extending overnight and the fare paid in respect of the journey includes payment both for his meals during the journey and for sleeping accommodation provided for him during the journey, the officer or employee shall not be paid travelling allowance under Regulation 75 of these Regulations in respect of that period but shall be paid such amount in respect of incidental expenses incurred by him during that period as the Naval Board determines.”.

2. Regulations 82 and 83 of the Naval Establishments Regulations are repealed and the following regulations inserted in their stead:—

Method of travel.

“82.—(1.) The Naval Board may, by writing, direct the means by which an officer, employee or the wife or family of an officer or employee the cost of whose conveyance is payable by the Commonwealth shall travel.

“(2.) A direction under the last preceding sub-regulation may specify different means of travel for different classes of officers or employees and different means of travel, for different types of journeys.

“(3.) The Naval Board may, notwithstanding a direction under the last preceding sub-regulation, specify the means by which a particular officer or employee shall travel on a particular journey.

Class of travelling accommodation to be provided.

“83.—(1.) Except as provided by the next succeeding sub-regulation, an officer or employee who occupies a position in respect of which the salary or maximum salary specified in the table in sub-regulation (1.) of regulation 43 of these Regulations does not exceed £1,070 per annum, the cost of whose conveyance is payable by the Commonwealth shall, if the travelling accommodation provided in the train, ship, aircraft or other means by which the officer or employee is directed to travel is divided into two classes, be provided with travelling accommodation in the lower class accommodation or, if more than two classes of accommodation are provided, the class of accommodation that is the second highest class of accommodation.

“(2.) An officer or employee—

(a) who is a female;

(b) who travels by ship on the coast of Queensland, the coast of Western Australia or the coast of the Northern Territory;

(c) who travels by train—

 (i) on a journey north of latitude 22 degrees south; or

(ii) on a journey north of the Tropic of Capricorn having duration exceeding ten hours;

(d) who travels accompanied by his wife or family;

(e) who satisfies the Naval Board that special circumstances exist that justify the officer or employee being exempted from the application of the last preceding sub-regulation; or


(f) who is an officer or employee other than an officer or employee referred to in the last preceding sub-regulation,

shall be provided with the highest class of accommodation provided in the train, ship, aircraft or other means by which the officer or employee is directed to travel.

“(3.) Where the cost of conveyance of a wife or family of an officer or employee is payable by the Commonwealth, the wife or family shall be provided with the highest class of accommodation provided in the train, ship, aircraft or other means of travel.”.

————————

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Naval Defence Act 1910-1952 was enacted to address the need for a robust framework governing naval defence and related operational aspects within Australia. The Act provided the legislative basis for the establishment and regulation of naval forces, including personnel and logistical matters. The Statutory Rules of 1964, specifically Statutory Rules 1964 No. 103, were introduced by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were made under the authority of the Naval Defence Act to amend the Naval Establishments Regulations, thereby addressing administrative and operational gaps in the naval service. The policy objective was to ensure that naval personnel are compensated fairly for travel and accommodation expenses while maintaining efficient and cost-effective travel arrangements.

Scope and Application

The Statutory Rules of 1964, No. 103, under the Naval Defence Act 1910-1952, pertain to the Naval Establishments Regulations, governing various aspects of travel allowances and accommodation for officers and employees within the naval defence sector. These regulations apply to personnel who are required to travel for official duties and outline the circumstances under which travelling allowances are payable or not payable, depending on whether the Commonwealth provides meals, lodging, or incidental expenses. The scope of these regulations extends to officers and employees of the Commonwealth's naval defence, including their spouses or family members, when travel costs are borne by the government. The regulations also specify the class of travel accommodation that should be provided based on the rank and circumstances of the journey, such as geographic location or duration of the trip. Any changes or exemptions to these regulations are determined by the Naval Board and can be issued in writing, thereby providing flexibility and authority to manage travel arrangements efficiently and fairly within the naval defence framework.

Key Provisions

The primary operative sections of these regulations include section 77, which replaces a previous regulation concerning allowances paid to officers and employees in lieu of travel expenses when meals or lodging is provided by the Commonwealth. Under section 77, the officer or employee may be paid an amount equal to what they have spent on meals or lodging, or if the Naval Board determines this amount is not reasonable, it may set an amount it considers appropriate. In addition, the officer or employee may receive an amount for incidental expenses incurred during the period, as determined by the Naval Board. Section 82 and 83 replace previous regulations concerning the method of travel and the class of travelling accommodation provided to officers, employees, and their families. The Naval Board has the authority to specify the means of travel and the class of accommodation for officers and employees based on various criteria, such as salary, gender, destination, and special circumstances. These sections outline the obligations of the Naval Board in determining travel arrangements and the accommodation class for officers and employees, ensuring that travel expenses are managed appropriately and fairly. The regulations impose specific obligations on the Naval Board, which must determine the allowances and travel arrangements for officers and employees. The Naval Board must ensure that officers and employees are not overpaid for travel expenses when meals or lodging is provided by the Commonwealth. Additionally, the Board must decide on the appropriate class of accommodation for officers and employees based on the criteria mentioned, such as salary, gender, and special circumstances. Failure to adhere to these obligations could result in officers or employees not receiving the proper allowances or travel arrangements. There are no explicit offences, penalties, or civil/criminal consequences outlined in these regulations for breaches of the specified obligations. However, the Naval Board's decisions on allowances and travel arrangements must be made in accordance with the provisions of the regulations. Any failure to comply with these provisions could potentially lead to disputes or claims by officers or employees, which may need to be resolved through administrative or legal processes. It is important for the Naval Board to carefully consider its decisions to ensure compliance with the regulations and to avoid any potential legal issues.

Legal classification tags

Area of Law
Administrative Law
Defence & Security
Instrument
Regulation
Concepts
Definitions & Interpretation
Delegation & Subordinate Legislation
Offence Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.