Naval Financial Regulations 1956 (Amendment)

Legislation au C1959L00090 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1959. No. 90.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1952.*

I, THE GOVERNOR-GENERAL in and over 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 3rd day of November, 1959.

W. J. Slim

Governor-General.

By His Excellency's Command,

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations.†

Living out away from home allowance—married members.

1.—(1.) Regulation 93 of the Naval Financial Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Rank or Rating and Pay Seniority.

Rate per day where Supplied with neither Service Accommodation nor Victuals for a period of Seventy-two Consecutive Hours or More.

Rate per day where Supplied with Service Accommodation but not Victuals for a period of Seventy-two Consecutive Hours or More.

Rate per day where Supplied with Victuals but not Service Accommodation for a period of Seventy-two Consecutive Hours or More.

 

s.

d.

s.

d.

s.

d.

Captain or higher rank......................

18

9

12

0

9

9

Commander, Commander (S.D.) or equivalent rank or Lieutenant-Commander 

18

0

12

0

9

0

Lieutenant-Commander (S.D.) or equivalent rank—

 

 

 

 

 

 

With not less than eight years’ pay seniority.....

18

0

12

0

9

0

With less than eight years’ pay seniority.......

17

0

12

0

8

0

Lieutenant, Lieutenant (S.D.) or equivalent rank or officer of lower rank 

17

0

12

0

8

0

Chief Petty Officer or lower rating..............

16

0

12

0

7

0

(2.) This regulation shall be deemed to have come into operation on the fourth day of July, 1958.

* Notified in the Commonwealth Gazette on 5th November, 1959.

† Statutory Rules 1956, No. 88, as amended by Statutory Rules 1957, Nos. 27, 32, 68 and 77; 1958, Nos. 25, 45 and 76; and 1959, No. 66.

4911/59.—Price 3d. 9/16.7.1959.


Repeal of regulation 122.

2. Regulation 122 of the Naval Financial Regulations is repealed.

Service funerals.

3. Regulation 137 of the Naval Financial Regulations is amended—

(a) by omitting paragraph (b) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(b) a deceased member of the Citizen Naval Forces whose death—

(i) occurred while he was appointed for full time service with the Permanent Naval Forces;

(ii) occurred while he was called up for continuous full time war service or during a period for which he was undergoing continuous training; or

(iii) is directly attributable to his service in the Naval Forces;”;

(b) by omitting from paragraph (b) of sub-regulation (2.) the word “and”;

(c) by adding after paragraph (c) in sub-regulation (2.) the following word and paragraph:—

“; and (d) members of the escort party if the attendance of an escort is approved by the Naval Board,”; and

(d) by omitting from sub-regulation (2.) the words “paragraph (a), paragraph (c) or paragraph (d) of”.

Travel by air.

4. Regulation 188 of the Naval Financial Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “air”, the words “from a place within Australia to another place within Australia”;

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) When travelling on duty by air to or from a place oversea an officer shall be allowed first class accommodation and a man shall be allowed tourist class accommodation.”; and

(c) by inserting after sub-regulation (2.) the following sub-regulation:—

“(3.) Where an officer travels on duty by air to or from a place oversea and his wife travels with him at his expense, he may, with the approval of the Naval Board, travel by tourist class accommodation and, in that event, he shall be paid the amount of the difference between the cost of the first class fare and the cost of the tourist class fare, for the journey.”.


Travel by sea.

5. Regulation 190 of the Naval Financial Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) Subject to the next succeeding sub-regulation, when an officer travels on duty by sea to or from a place oversea, he shall be allowed the class and grade of accommodation specified, in relation to his rank or rank and pay seniority, in the following table:—

Rank and Pay Seniority.

Class of Accommodation.

Grade of Accommodation.

Captain or higher rank.................

First..........

A

Commander or Commander (S.D.) or equivalent rank 

First..........

B

Lieutenant-Commander.................

First..........

B

Lieutenant-Commander (S.D.) or equivalent rank—

 

 

With not less than eight years’ pay seniority.

First..........

B

With less than eight years’ pay seniority..

First..........

C

Lieutenant or Lieutenant (S.D.) or equivalent rank 

First..........

C

Sub-Lieutenant or Sub-Lieutenant (S.D.) or equivalent rank 

First..........

C

Acting Sub-Lieutenant.................

First..........

D

Midshipman or Cadet Midshipman.........

First..........

E

“(2.) Where the grade of accommodation which an officer is allowed under the last preceding sub-regulation is not available in the ship in which the officer is directed to travel, he shall be allowed—

(a) the next lower grade than that for which he is eligible under that sub-regulation; or

(b) where that lower grade is not available, the next higher grade than that for which he is eligible under that sub-regulation.”; and

(b) by omitting sub-regulation (5.).

Reimbursement of cost of insurance.

6. Regulation 194 of the Naval Financial Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) An amount of reimbursement is not payable under this regulation to a member whose family is provided with passages to or from the oversea destination of the member under Division 6 of this Part.”.

Interpretation.

7. Regulation 232 of the Naval Financial Regulations is amended—

(a) by inserting in sub-regulation (1.), after the definition of “child”, the following definitions:—

“‘disembarkation’ includes the leaving of an aircraft after arrival at the oversea airport;

‘embarkation’ includes the boarding of an aircraft for a journey oversea;”; and

(b) by omitting sub-regulation (7.).


Provision of passages for families of certain married members appointed or drafted for oversea service.

8. Regulation 233 of the Naval Financial Regulations is amended by omitting from sub-regulation (1.) the words “and is intended to be absent from Australia on that service for not less than two years” and inserting in their stead the words “and it is intended that the duration of that service at the oversea destination will be not less than twelve months”.

Family to accompany member on forward journey.

9. Regulation 234 of the Naval Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Where a married member is appointed or drafted for shore service or general service oversea and it is intended that the duration of that service at the oversea destination will be less than twelve months, but, after his departure from Australia, the period of oversea service for which he is appointed or drafted is extended so that it is intended that the duration of that service at the oversea destination will be more than twelve months, the Minister may approve of the provision of passages, at the expense of the Department, for the family of the member to and from the member’s oversea destination, if it is expected that the member’s family will be able to spend not less than twelve months with the member at his oversea destination.”.

Reimbursement of member who has provided passages for family at his own expense.

10. Regulation 235 of the Naval Financial Regulations is amended by omitting the words “the Naval Board” and inserting in their stead the words “the Minister”.

Family to accompany member on return journey.

11. Regulation 236 of the Naval Financial Regulations is amended by omitting from sub-regulation (3.) the words “the Naval Board” (wherever occurring) and inserting in their stead the words “the Minister”.

Return passages to be provided only where forward passages are provided.

12. Regulation 237 of the Naval Financial Regulations is amended by omitting from sub-regulation (2.) the words “the Naval Board” and inserting in their stead the words “the Minister”.

Return passages not to be provided before completion by member of one year’s service.

13. Regulation 238 of the Naval Financial Regulations is amended by omitting the words “has been absent from Australia for a period of two years” and inserting in their stead the words “has served in his oversea appointment or draft for a period of twelve months”.

Storage and transport of effects and class of accommodation during passage.

14. Regulation 239 of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the word “port” (wherever occurring) and inserting in its stead the word “place”; and

(b) by omitting paragraph (b) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(b) members of his family shall travel by such means of scheduled public transport, between such places and in such circumstances, as the Naval Board determines.”.

Removal while oversea.

15. Regulation 240 of the Naval Financial Regulations is amended—

(a) by inserting in sub-regulation (1.) after the word “family’s” the words “furniture and”; and


(b) omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) For the purposes of this regulation, a member who marries while on oversea service and whose service at the oversea destination is intended to be for a period of not less than twelve months shall be deemed to be a member whose family has been transported under this Division at the expense of the Department.”.

16. Regulation 241 of the Naval Financial Regulations is omitted and the following regulation inserted in its stead:—

Insurance of furniture and effects during transport.

“241. Where a member—

(a) insures his and his family’s effects against loss or damage during transport referred to in paragraph (c) of regulation 239 of these Regulations; or

(b) insures his and his family’s furniture or effects against loss or damage during transport referred to in regulation 240 or 243 of these Regulations,

he may, upon compliance with such conditions as the Naval Board determines, be reimbursed so much of the cost of the insurance as the Naval Board determines.”.

Inclusion of certain members as married members.

17. Regulation 242 of the Naval Financial Regulations is amended by omitting the words “the Naval Board” and inserting in their stead the words “the Minister”.

Transport of furniture to Australia.

18. Regulation 243 of the Naval Financial Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “purchased”, the word “necessary”; and

(b) by omitting sub-regulation (3.).

Second Schedule.

19. The Second Schedule to the Naval Financial Regulations is amended by inserting, after the words—

“Sub-regulation (1.) of regulation 240.”,

the words—

“Regulation 241.”.

 

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

Overview

The Naval Defence Act 1910-1952 was enacted to provide for the defence of Australia by sea, and the control and regulation of the Royal Australian Navy. This Act was enacted by the Commonwealth Parliament to address the need for comprehensive regulations governing the financial aspects of the Navy, including allowances, travel, and the provision of passages for the families of naval personnel. The Regulations under the Naval Defence Act 1910-1952, as made on 3 November 1959, amend various sections of the Naval Financial Regulations to update and refine allowances for living away from home, service funerals, travel by air and sea, and the reimbursement of insurance costs. These amendments aim to ensure that the financial support provided to naval members and their families is appropriate and reflective of their service requirements. The policy objective of these regulations is to maintain the efficiency and effectiveness of the Navy by providing necessary financial support to its members.

Scope and Application

The Regulations under the Naval Defence Act 1910-1952 primarily apply to members of the Australian Defence Force, specifically those in the Naval Forces. These regulations govern financial matters including allowances, travel, and the reimbursement of costs related to service, particularly for those deployed overseas. The scope of the regulations extends to officers and personnel of various ranks, as well as their families, where applicable. The financial allowances and travel provisions are detailed, covering scenarios such as living allowances when not provided with service accommodation or victuals, allowances for funerals of deceased members, and the class of accommodation for travel by air and sea. Additionally, the regulations cover the reimbursement of insurance costs and the provision of passages for families accompanying service members on overseas deployments. These regulations apply nationally within Australia and to any overseas locations where Australian naval personnel are deployed. The regulations also stipulate certain exclusions, such as the non-payment of reimbursement to members whose families are provided with passages under specific divisions of the regulations. Subordinate instruments may further extend or specify the application of these regulations as necessary.

Key Provisions

The Regulations under the Naval Defence Act 1910-1952 introduce a series of amendments primarily targeting the financial aspects of naval service, including allowances, travel arrangements, and family provisions. For instance, Regulation 1 amends the Living Out Allowance for married members (section 1), introducing new rates based on rank and whether they are supplied with accommodation or provisions. Regulation 2 repeals Regulation 122, which previously addressed certain financial matters now covered or modified by other regulations in these amendments. Service funerals, addressed in Regulation 3, now include members of the Citizen Naval Forces under specific conditions (section 3). Travel arrangements have been updated to differentiate between travel within Australia and overseas, with officers entitled to first-class air travel overseas and tourist class within Australia (section 4). Sea travel allowances now specify the class and grade of accommodation based on rank and seniority (section 5). Regulation 6 excludes members whose families are provided with overseas passages from reimbursement for insurance costs (section 6). Definitions of 'disembarkation' and 'embarkation' have been added to clarify terms related to overseas travel (section 7). The provisions for family passages have been modified to require a minimum service duration of twelve months overseas for eligibility (section 8). The Minister now has the authority to approve family passages under certain conditions (sections 9-11). Members who marry overseas and whose service is intended to last at least twelve months are eligible for family transport provisions (section 15). Regulation 241 introduces the possibility of reimbursement for insurance on members' and their family's effects during transport (section 16). The Minister now has the authority to include certain members as married members for financial purposes (section 17). The transport of furniture to Australia now requires that the furniture be necessary for the member's duties (section 18). These amendments impose specific obligations on naval personnel and the Department responsible for naval affairs. Personnel must comply with the new allowances and travel arrangements as outlined in the regulations. The Department is required to provide certain allowances, passages, and reimbursements as specified, subject to the conditions and approvals mentioned. For instance, officers must travel first class when travelling overseas on duty, with provisions for exceptions when accompanied by their spouse. The Department must also ensure that family passages are provided under the conditions outlined in the regulations, including the requirement for the member's service duration to meet specific thresholds. Violations of these regulations could lead to civil or administrative consequences, such as the denial of allowances or reimbursements not in compliance with the specified conditions. The regulations do not explicitly outline criminal or civil penalties for breaches, focusing instead on the financial and operational adjustments necessary to comply with the new provisions. However, failure to adhere to the outlined procedures for travel, allowances, and family provisions could result in the non-approval of certain benefits or reimbursements, impacting the financial well-being of naval personnel and their families.

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Reimbursement of member who has provided passages for family at his own expense

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