Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 173 Interim Determination, made under section 12 of the Defence Amendment Act 1979, was enacted by the Minister of State for Defence to amend the Naval Financial Regulations. The primary objective of this legislation was to redefine the term “public transport” and adjust the transport allowance rates for members of the naval forces in various locations across Australia. The amendments were intended to streamline the transport allowance process and ensure it aligns with the current transport services available to the public. This interim determination, dated 17 June 1980, applies to the use of motor vehicles from 1 November 1979 onwards, with specific transitional provisions to ensure continuity in allowance payments during the period of change.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies specifically to the members of the Australian Defence Force, particularly those who are entitled to a transport allowance as per the Naval Financial Regulations. This legislation targets members who are required to commute to their place of duty from their ordinary residence, excluding those in category O who are not required or permitted to live out due to lack of service accommodation or compelling compassionate or personal reasons. The application of these regulations is geographically broad, covering various locations across Australia, including specific military establishments in each state and territory. The Interim Determination also specifies that transport allowance is not payable for certain journeys, such as those to the Air Traffic Control Centre at Tullamarine Airport, Melbourne, unless the member is posted to RAAF Base, Laverton. The regulations come into effect from 1 November 1979, with transitional provisions ensuring that members are paid at the previous rates during the interim period until the new regulations are fully implemented.

Key Provisions

The main operative sections of this Interim Determination involve amendments to Regulation 196A of the Naval Financial Regulations, which governs transport allowance for members of the Australian Defence Force. Regulation 196A(1)(a) redefines the term “public transport” to include transport provided by the Commonwealth for the purpose of transporting a member from their ordinary place of residence to their place of duty. Regulation 196A(3) specifies that this regulation applies to members whose place of duty is listed in the table in Regulation 196A(8), with exceptions for category O members who do not live in service accommodation or who are permitted by their commanding officer for compelling compassionate or personal reasons to live out. Regulation 196A(8) also provides a table of kilometres for which transport allowance is payable for each member's place of duty. This Act imposes obligations on the Australian Defence Force to ensure that transport allowance is paid in accordance with the amended Naval Financial Regulations. The Defence Force must ensure that members are aware of the changes to the regulations and that they are paid the correct amount of transport allowance. The Defence Force must also ensure that the new definition of “public transport” is implemented and that members are provided with the necessary information and resources to avail themselves of the transport services provided by the Commonwealth. Breach of the provisions of this Act may result in civil or criminal consequences, including penalties for failure to pay transport allowance or for fraudulent claims. The maximum penalty for such offences is not specified in the Act but may be determined by the relevant courts. Additionally, members who do not comply with the requirements of the Act may be subject to disciplinary action by their commanding officers. It is important for members to ensure that they are aware of the provisions of the Act and to comply with them to avoid any potential consequences.