Statutory Rules 1964, No. 51.(e)
Parts.
1. Regulation 3 of the Naval Financial Regulations is amended by omitting the words and figures—
“Division 2.—Oversea Living Allowances (Regulations 96-106).”.
and inserting in their stead the words and figures—
“Division 2.—Oversea Allowances (Regulations 105-106).”.
Repeal.
2. Regulations 96 to 104a (inclusive) of the Naval Financial Regulations and the heading immediately preceding regulation 96 are repealed and the following heading is inserted in their stead:—
“Division 2.—Oversea Allowances.”.
Allowances payable to members serving oversea.
3.—(1.) Regulation 105 of the Naval Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—
“(1.) A member appointed or drafted for duty oversea may be paid oversea living allowance and such other allowances as the Naval Board determines.
“(1a.) An allowance under this regulation is payable—
(a) subject to such conditions (if any) as the Naval Board determines; and
(b) at such rate or rates as the Naval Board determines.
(e) Made under the Naval Defence Act 1910-1932 on 13 April, 1964; notified in the Commonwealth Gazette on 17 April, 1964.
“(1b.) The Naval Board may, in determining the rates at which an allowance is payable under this regulation, determine different rates according to different facts and circumstances specified in the determination.”.
(2.) Regulation 105 of the Naval Financial Regulations is amended by omitting from sub-regulation (2.) the words “referred to in the last preceding sub-regulation” and inserting in their stead the words “who has been appointed or drafted for long term duty oversea”.
Repeal.
4. Regulation 208 of the Naval Financial Regulations is repealed.
Second Schedule.
5. The Second Schedule to the Naval Financial Regulations is amended—
(a) by omitting the words and figures—
“Sub-regulations (4.), (8.), (9.), (10.) and (11.) of regulation 96.
Sub-regulations (5.), (7.), (8.) and (11.) of regulation 97.
Sub-regulations (3.) and (4.) of regulation 97a.
Sub-regulation (4.) of regulation 99.
Sub-regulations (2.) and (5.) of regulation 100a.
Regulation 101a.
Sub-regulation (1.) of regulation 103.
Regulation 104.
Regulation 104a.”; and
(b) by omitting the word and figures—
“Regulation 208.”.
Additional allowances to members serving oversea on and after 1st July, 1962.
6. A member who was appointed or drafted for duty oversea and performed duty oversea for the whole or any part of the period that commenced on the first day of July, 1962, and ended on the day immediately before the commencement of these Regulations shall be paid, in addition to the amounts paid or payable to him under the Naval Financial Regulations as in force from time to time in that period as allowances in respect of the performance by him of duty oversea, such amount as an allowance in respect of the performance of that duty as the Naval Board determines.
Overview
The Statutory Rules 1964, No. 51, made under the Naval Defence Act 1910-1932, addresses the need to streamline and modernise the allowances for naval personnel serving overseas. Enacted on 13 April 1964 and notified in the Commonwealth Gazette on 17 April 1964, this legislative instrument aims to replace and revise outdated regulations regarding allowances for naval members on overseas duty, ensuring they are current and aligned with the changing circumstances of naval service abroad. The policy objective is to provide clear, updated guidelines for the allowances that naval personnel may receive while serving overseas, thereby ensuring fairness and clarity in compensation for such service.
Scope and Application
The Naval Financial Regulations, as amended by Statutory Rules 1964, No. 51, apply to members of the naval forces of Australia who are appointed or drafted for duty overseas. The regulations are designed to govern the financial allowances and benefits payable to these members while they are serving overseas. The amendments made by this legislative instrument primarily affect the oversea living allowances and other allowances that are determined by the Naval Board, which has the authority to establish conditions and rates for these allowances based on specific circumstances. The regulations cover all members who have been appointed or drafted for duty overseas since 1 July 1962, and they extend to the repeal of previous regulations and the insertion of new provisions to streamline the allowance structure. The scope of this Act is limited to the Commonwealth level, as it pertains specifically to the Australian naval forces and their financial management. The application of these regulations is restricted to members serving overseas and does not extend to other sectors or entities outside the naval forces.
Key Provisions
The primary sections of this legislative instrument are concerned with amending the Naval Financial Regulations (NRF) as per the Naval Defence Act 1910-1932. The most significant changes include the renaming and restructuring of Division 2, which now pertains to "Oversea Allowances" instead of "Oversea Living Allowances." This change is reflected in Regulation 3, where the heading and subsequent regulations (96-106) have been omitted and replaced with the new heading "Division 2.—Oversea Allowances" (Regulations 105-106). Additionally, Regulations 96 to 104a have been repealed, and specific amendments have been made to Regulation 105 and Regulation 208. These amendments concern the payment of allowances to members serving overseas and the conditions under which these allowances are payable. Regulation 105(1) has been modified to clarify the circumstances under which an oversea living allowance and other allowances may be paid, while Regulation 105(2) now specifies that the allowance is payable to members who have been appointed or drafted for long-term duty overseas. Regulation 208 has been repealed entirely.
The obligations imposed on the parties governed by this Act, primarily the Naval Board, include determining the conditions and rates at which oversea allowances are payable, and ensuring that members serving overseas receive the appropriate allowances. The Naval Board has the authority to determine different rates according to different circumstances (Regulation 105(1b)), and must establish the specific conditions under which these allowances are payable (Regulation 105(1a)). Furthermore, the Naval Board must ensure that any members who were appointed or drafted for duty overseas on or after 1 July 1962 receive additional allowances for their service during that period (Section 6).
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of the regulations outlined in this legislative instrument. However, the authority and responsibility bestowed upon the Naval Board imply that any failure to comply with the stipulations of these regulations could potentially result in legal repercussions. Such breaches might be subject to the general provisions of the Naval Defence Act 1910-1932, which could include disciplinary actions against the Naval Board or its members for non-compliance with their statutory obligations.