Naval Financial Regulations (Amendment)

Legislation au C1973L00208 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 208

REGULATIONS 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 Regulations under the Naval Defence Act 1910-1971.

Dated this sixteenth day of October, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for the Navy.

Amendments of the Naval Financial Regulations†

Entertaining allowance.

1. Regulation 21 of the Naval Financial Regulations is amended by omitting from the table in sub-regulation (1) the words—

“ Commodore Superintendant of Training.........

Commodore............................

1.00 ”,

and substituting the words—

“ Commanding Officer, H.M.A.S. CERBERUS.....

Commodore or Captain

1.00 ”.

Transport allowance.

2. Regulation 196a of the Naval Financial Regulations is amended by omitting sub-regulations (9) and (10) and substituting the following sub-regulations:—

“ (9) Subject to sub-regulation (10), the rates in accordance with which transport allowance is payable to a member under this regulation are the same as the rates of mileage allowance that would be applicable to the member in accordance with regulation 196 if the member—

(a) had been given approval to use his motor vehicle when travelling on duty where the use of that vehicle would result in greater efficiency or greater saving to the Department than would be the case if any other means of conveyance were used; and

(b) was travelling on duty in his motor vehicle.

“ (10) From an amount of transport allowance payable to a member in accordance with this regulation there shall be deducted, as representing a contribution by the member, an amount at the rate of Three cents per mile but not exceeding Sixty cents in respect of a day or Three dollars in respect of a week.”.

* Notified in the Australian Government Gazette on 25 October 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, 106, 170 and 178. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201 and 203).


Rate or travelling allowance within Australia.

3. Regulation 201 of the Naval Financial Regulations is amended by omitting the table in sub-regulation (1) and substituting the following table:—

 

Rate per day

Rank or rating

First 21 days’ residence in a capital city

First 21 days’ residence in a place other than a capital city

 

$

$

Commodore or higher rank.............................

28.00

20.00

Any lower rank or any rating............................

19.65

14.75

Reduction of amount where substance or accommodation is provided.

4. Regulation 203 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (6) the words “ The rate of ” and substituting the words “ Subject to sub-regulation (6a), the rate of ”;

(b) by omitting the table in sub-regulation (6) and substituting the following table:—

 

Rank or rating

Rate per day

 

 

$

Commodore or higher rank 

 

2.70

Any lower rank or any rating

 

2.40

and

(c) by inserting after sub-regulation (6) the following sub-regulations:—

(6a) Subject to sub-regulation (6b), where a member is attending a course at the Administrative Staff College, Mount Eliza, the rate of the allowance to cover incidental expenses applicable to the member in respect of a period—

(a) during which the member travels between his normal place of residence and that College or between that College and his normal place of residence during a period when his attendance at that College is not required for the purposes of that course; and

(b) spent at the College during that course,

is Two dollars seventy cents per day.

(6b) The rate specified in sub-regulation (6a) does not apply to a member in respect of a period during which he—

(a) travels to the Administrative Staff College, Mount Eliza, on commencing a course at that College; or

(b) travels from that college on completing that course.”.

Application of amendments of regulations 201 and 203.

5. Travelling allowance is payable in accordance with regulations 201 and 203 of the Naval Financial Regulations as amended by regulation 3 and paragraph (b) of regulation 4 at the rates specified in those Regulations as so amended in respect of travel on or after 2 April 1973.

Overview

The Regulations under the Naval Defence Act 1910-1971, enacted in 1973, address specific financial and administrative aspects of the Australian Naval Defence Force. These regulations were made by the Governor-General, Paul Hasluck, on the advice of the Executive Council, and came into effect to amend the Naval Financial Regulations. The policy objective, as stated in the regulations, is to streamline financial allowances for naval officers, ensuring consistency and fairness in the application of these allowances. The amendments pertain primarily to allowances for entertaining, transport, and travel, aiming to clarify and adjust the rates at which these allowances are paid, ensuring they reflect the current needs and conditions of service within the Navy. These amendments were designed to be applied retroactively to travel occurring after 2 April 1973, ensuring that officers affected by these changes receive the correct compensation for their expenses.

Scope and Application

The Statutory Rules 1973 No. 208, made under the Naval Defence Act 1910-1971, primarily amend the Naval Financial Regulations concerning allowances for naval officers. These regulations apply to members of the naval force, including officers and ratings of all ranks, who are entitled to allowances for entertaining, transport, and travel within Australia. The amendments are effective for travel on or after 2 April 1973. Notably, the regulations do not specify exclusions or exemptions beyond the criteria mentioned within the regulations themselves. The amendments adjust allowances for entertaining, transport, and travel, including the substitution of rates and specific allowances for certain ranks and circumstances, such as attending the Administrative Staff College. The application of these regulations is confined to Australia and specifically applies to members of the naval force.

Key Provisions

The key operative sections of the Regulations under the Naval Defence Act 1910-1971 include amendments to several provisions of the Naval Financial Regulations (regulations 21, 196a, 201 and 203). Regulation 1 modifies the entertaining allowance, changing the eligible rank from 'Commodore Superintendant of Training' to 'Commanding Officer, H.M.A.S. CERBERUS'. Regulation 2 revises the transport allowance, adjusting the rates and introducing a contribution by the member of three cents per mile. Regulation 3 updates the rates for travelling allowance within Australia, specifying different rates based on rank and location. Regulation 4 modifies the reduction of amount where substance or accommodation is provided, introducing a new rate for members attending a course at the Administrative Staff College, Mount Eliza. Regulation 5 specifies the effective date for the amendments to regulations 201 and 203. These regulations impose specific obligations and requirements on the parties governed by them. They establish clear criteria for the entertaining allowance, ensuring that only the Commanding Officer, H.M.A.S. CERBERUS is eligible. The transport allowance now requires members to contribute a portion of their allowance based on mileage. The updated travelling allowance rates must be applied for travel on or after 2 April 1973. Members attending a course at the Administrative Staff College, Mount Eliza, are entitled to a specific allowance for travel and course duration, with certain exclusions. Breach of these regulations can lead to various consequences. While the document does not explicitly state the penalties, breaches of regulations governing financial allowances in the Defence Force context typically result in disciplinary action or financial penalties. The severity of these consequences would depend on the nature and extent of the breach. For instance, failure to correctly apply the new rates for allowances could lead to financial discrepancies, resulting in potential audits, financial corrections, or other administrative actions.

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