Statutory Rules
1973 No. 170
REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1971.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1971.
Dated this thirtieth day of August, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LANCE BARNARD
Minister of State for the Navy.
Amendments of the Air Force Regulations†
Gratuities not payable in certain cases.
Regulation 159 of the Naval Financial Regulations is amended—
(a) by omitting paragraph (a) of sub-regulation (1) and substituting the following paragraph:—
“(a) in respect of which a pension or benefit (other than a refund of contributions) is payable under the Defence Forces Retirement Benefits Act 1948-1973, the Defence Force Retirement and Death Benefits Act 1973 or the Defence Force (Bounties and Gratuities) Regulations;”;
(b) by inserting in paragraph (b) of sub-regulation (1) after the words “time to time,” the words “or under the Defence Force Retirement and Death Benefits Act 1973,”;
(c) by omitting paragraph (c) of sub-regulation (1) and substituting the following paragraphs:—
“(c) where a transfer value is payable under section 77 of the Defence Force Retirement and Death Benefits Act 1973 in respect of that period of service;
“(ca) where deferred benefits are applicable to a member under the Defence Force Retirement and Death Benefits Act 1973 in respect of that period and deferred benefits have not ceased to be applicable in respect of that period by virtue of sub-section 78 (6) of that Act;”; and
(d) by inserting in paragraph (a) of sub-regulation (2), after the words “time to time,” the words “or regulation 14 of the Defence Force (Bounties and Gratuities) Regulations,”.
* Notified in the Australian Government Gazette on 30 August 1973.
† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations see footnote† to Statutory Rules 1973, No. 81, and see also Statutory Rules 1973, Nos. 81 and 106. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, No. 132).
Overview
The Statutory Rules 1973 No. 170, made under the Naval Defence Act 1910-1971, were enacted to address specific financial regulations within the Defence Force Retirement and Death Benefits Act 1973, particularly in relation to gratuities and benefits. This legislative instrument was introduced to amend the Naval Financial Regulations, ensuring that the financial provisions are aligned with the updated legislative framework of the Defence Force Retirement and Death Benefits Act 1973. The regulations were made by the Governor-General, Paul Hasluck, acting on the advice of the Executive Council, and were notified in the Australian Government Gazette on 30 August 1973. The policy objective behind these amendments was to ensure clarity and consistency in the application of financial benefits to members of the Defence Force, particularly in relation to pensions, refunds of contributions, transfer values, and deferred benefits.
Scope and Application
The Statutory Rules 1973 No. 170, made under the Naval Defence Act 1910-1971, pertain to the amendment of the Air Force Regulations, specifically concerning gratuities not payable in certain cases. The regulation targets individuals who are members of the defence forces and are subject to the Defence Forces Retirement Benefits Act 1948-1973, the Defence Force Retirement and Death Benefits Act 1973, or the Defence Force (Bounties and Gratuities) Regulations. The amendments primarily concern the criteria for determining when gratuities are not payable, aligning with the conditions specified under the aforementioned acts and regulations. This regulation applies at the Commonwealth level and impacts all members of the Australian defence forces who are governed by the specified acts and regulations. There are no stated exclusions or exemptions in the regulation itself, although the applicability of the exclusions is subject to the terms of the referenced acts and regulations. The regulation may be further extended or restricted through subordinate instruments issued under the authority of the Naval Defence Act 1910-1971.
Key Provisions
The main operative sections of these regulations involve amendments to the Naval Financial Regulations, specifically Regulation 159 (1)(a), (1)(b), (1)(c), (1)(ca), and (2)(a). These amendments pertain to the circumstances under which gratuities are not payable. In essence, gratuities are not to be paid in certain cases where a pension or benefit, a transfer value, deferred benefits, or a refund of contributions is payable under specified Acts and regulations. The regulations specify the Defence Forces Retirement Benefits Act 1948-1973, the Defence Force Retirement and Death Benefits Act 1973, and the Defence Force (Bounties and Gratuities) Regulations as the governing frameworks for determining the applicability of these exclusions.
The obligations imposed by these regulations primarily concern the administration of gratuities within the Naval Defence Act 1910-1971 framework. Those responsible for disbursing gratuities must ensure that they do not pay such gratuities when a pension or benefit, a transfer value, deferred benefits, or a refund of contributions is payable under the specified Acts and regulations. This includes verifying the applicable conditions set forth in the Defence Forces Retirement Benefits Act 1948-1973, the Defence Force Retirement and Death Benefits Act 1973, and the Defence Force (Bounties and Gratuities) Regulations to determine whether a gratuity should be withheld.
Failure to comply with these regulations can lead to various consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, it can be inferred that breaches may result in civil or criminal liabilities. Given the context of military regulations, breaches could potentially lead to disciplinary action against those responsible for the oversight of financial matters within the naval defence sector. The exact penalties would depend on the severity of the breach and could include fines or other sanctions as prescribed by relevant military or civilian laws.