Naval Financial Regulations (Amendment)

Legislation au C1971L00002 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No. 2

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

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 1910-1968.

Dated this seventh day of January, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Sgd D. J, Killen

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations†

District allowance.

1.—(1.) Regulation 107 of the Naval Financial Regulations is amended by omitting from sub-regulation (4a.) the words “or an authority of the Commonwealth”.

(2.) District allowance is payable to a member in respect of service on and after the twenty-ninth day of October, 1969, as if the amendment of regulation 107 of the Naval Financial Regulations effected by the last preceding sub-regulation had come into operation on that date.

2. After regulation 196 of the Naval Financial Regulations the following regulations are inserted:—

Transport allowance.

“196a.—(1.) In this regulation—

‘prescribed period’ means the period of twelve months ending on the thirtieth day of June in a year;

‘public transport’ means transport available to the public by way of regular services over fixed routes;

‘transport allowance’ means an allowance in accordance with this regulation.

“(2.) In this regulation—

(a) a reference to a motor vehicle owned by a member shall be read as including a reference to a motor vehicle hired by the member or lent to the member; and

(b) a reference to the distance between two places shall be read as a reference to the distance between those places measured along the nearest convenient route suitable for walking.

“(3.) This regulation applies to and in relation to a member whose place of duty is the Naval Establishment known as ‘H.M.A.S. Coonawarra’ or the Naval Establishment known as ‘H.M.A.S. Creswell’.

 

* Notified in the Commonwealth Gazette on 1970.

† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote † to Statutory Rules 1970, No. 12, and see also Statutory Rules 1970, Nos. 12, 36, 38, 60 and 61.

25580/70—Price 8c 9/3.12.1970

“(4.) Where a member to whom this regulation applies uses a motor vehicle owned by him for the purpose of transporting himself by the most direct convenient route—

(a) from his ordinary place of residence to his place of duty in order to commence his duties on a day; or

(b) from his place of duty to his place of residence on completing his duties on a day,

and a condition specified in the next succeeding sub-regulation is fulfilled in relation to the transport, a transport allowance in respect of that use of the vehicle is payable to the member.

“(5.) For the purpose of the last preceding sub-regulation, the conditions are as follows:—

(a) there is no public transport that has a stopping place within one mile from his place of duty;

(b) there is not normally available public transport that could be used by the member—

(i) so as to enable him to arrive at the stopping place nearest to his place of duty within one hour before the time at which he is to commence duty and, after leaving the transport, to reach his place of duty before that time; and

(ii) so as to enable him to depart from the stopping place nearest to his place of duty, within one hour after ceasing duty, in order to proceed to his place of residence,

being public transport that has a stopping place within one mile from his place of duty; or

(c) in relation to a period of duty on a week day that commences before 8 o’clock in the morning or finishes after 6 o’clock in the evening, or a period of duty on a Saturday, Sunday or public holiday, the only public transport meeting the requirements of the last preceding paragraph is such that—

(i) if he used that public transport, the journey to the member’s place of duty from his place of residence, or to his place of residence from his place of duty, would take not less than one hour longer than the time it would take if he were able to use public transport that is normally used by him in respect of the periods of duty between the hours of 8 o’clock in the morning and 6 o’clock in the evening on week days; or

(ii) on the journey to his place of duty from his place of residence, or to his place of residence from his place of duty, the nearest stopping place of the public transport would be more than one mile from his place of residence.

“(6.) Where a member uses a motor vehicle owned by him for the purposes of transporting himself by the most direct convenient route—

(a) from his place of duty to his place of residence; or

(b) from his place of residence to his place of duty,

during a period of not less than two hours that occurs between two periods of duty on one day, a transport allowance in respect of that use of the vehicle is payable to the member.

“(7.) A transport allowance under the last preceding sub-regulation shall be calculated separately from a transport allowance under sub-regulation (4.) of this regulation, except that, for the purposes of the application of the rates of mileage allowance under regulation 196 of these Regulations, mileage in respect

of which an allowance under either of the two first-mentioned sub-regulations is paid shall be taken into account in calculating the rate of an allowance under the other of those sub-regulations.

“(8.) Where a transport allowance is payable in respect of the use of a vehicle for transporting a member in a prescribed period, the allowance shall be paid for each mile of that transport not exceeding, on any one day—

(a) in the case of a member whose place of duty is the Naval Establishment known as ‘H.M.A.S. Creswell’—fifty-two miles; or

(b) in the case of any other member to whom this regulation applies—twenty miles.

“(9.) The rates of a transport allowance are the same as those that would be applicable under regulation 196 of these Regulations if the member were travelling on duty in his own motor vehicle, subject to a deduction in accordance with the next succeeding sub-regulation.

“(10.) From an amount of transport allowance there shall be deducted, as representing a contribution by the member, an amount at the rate of Two cents per mile but not exceeding Forty cents in respect of a day or Two dollars in respect of a week.

“(11.) Where a member is in receipt of an allowance under regulation 196 of these Regulations in respect of the use of a motor vehicle for the purpose of transporting himself to and from his place of duty on a day, the member is not entitled to be paid transport allowance under this regulation in respect of the use of the motor vehicle for that purpose on that day.

Aggregation of mileage for purposes of regulations 196 and 196a.

“196b. In calculating an allowance under regulation 196 or 196a of these Regulations, any mileage in respect of which an allowance has been paid under the other of those regulations shall be taken into account as if it were mileage in respect of which an allowance has been paid under the regulation under which the allowance is to be calculated.”.

Transitional.

3. Transport allowance is payable as if regulation 196a and 196b of the Naval Financial Regulations as amended by these Regulations had come into operation on the nineteenth day of June, 1970.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. 2, made under the Naval Defence Act 1910-1968, were introduced by the Governor-General, acting on the advice of the Federal Executive Council, to address the need for updating financial regulations within the Australian Naval Defence Force. This legislative instrument primarily amends the Naval Financial Regulations, focusing on the payment of district and transport allowances to naval members. The objective is to ensure that members receive appropriate financial support based on their service conditions, particularly concerning their place of duty and transportation needs. The policy aim is to provide adequate allowances that reflect the realities of service, including the availability of public transport and the distances involved in commuting to and from naval establishments. The enacting body is the Governor-General in Council, and the regulations are designed to provide a structured financial support system for naval personnel, ensuring that allowances are fair and reflective of the actual circumstances faced by service members. The amendments introduce specific criteria for the payment of transport allowances, taking into account the absence of public transport options and the distances that members must travel to their duty stations. These regulations aim to enhance the financial well-being of naval members by providing them with necessary allowances that compensate for the unique challenges of their service.

Scope and Application

The Statutory Rules 1971 No. 2, made under the Naval Defence Act 1910-1968, introduce amendments to the Naval Financial Regulations, specifically targeting the provision of transport allowances to members of the Australian Naval Forces. These regulations apply to members whose place of duty is the Naval Establishment known as 'H.M.A.S. Coonawarra' or 'H.M.A.S. Creswell'. The primary focus of the amendments is to establish a transport allowance for members who use their own motor vehicles to travel to and from their duty stations, under specific conditions where public transport is either unavailable or inadequate. The allowance is subject to various conditions, including the absence of public transport within a one-mile radius of the duty station, or the unsuitability of available public transport for timely arrival at and departure from the duty station. The regulations also delineate the maximum mileage for which the allowance is payable, varying between fifty-two miles for members at 'H.M.A.S. Creswell' and twenty miles for other members, depending on the circumstances of travel. Furthermore, the allowance includes a deduction for the member's contribution, calculated at two cents per mile. The applicability of these regulations extends nationally, as they are part of the Commonwealth's legislative framework governing naval financial matters.

Key Provisions

The main operative sections of these regulations pertain to amendments of the Naval Financial Regulations, specifically introducing a new transport allowance for certain members of the Australian Navy. Regulation 107 has been amended to exclude a specific authority of the Commonwealth, impacting district allowance payments (section 1). New regulations 196a and 196b have been inserted to define and provide for a transport allowance for members with specific places of duty, namely H.M.A.S. Coonawarra and H.M.A.S. Creswell (section 2). The transport allowance is payable under certain conditions, such as the absence of public transport within a certain distance or the impracticality of using public transport for timely arrival and departure from duty (section 4). The regulations also detail the calculation of the transport allowance, including the deduction of a member's contribution based on mileage (sections 9-11). The regulations impose several obligations on the parties they govern. Firstly, they require members to meet specific conditions to be eligible for a transport allowance, such as the absence of suitable public transport or the impracticality of using it for timely travel (section 4). Members must also ensure that they do not receive a transport allowance if they are already receiving another allowance for using a motor vehicle for transport to and from their place of duty on a given day (section 11). Additionally, the regulations mandate the aggregation of mileage for calculating allowances under regulations 196 and 196a (section 196b). The regulations do not explicitly state offences, penalties, or consequences for breach. However, non-compliance with the conditions for receiving a transport allowance or failure to meet the requirements for calculating the allowance could potentially lead to disputes or administrative actions. The absence of specific penalties in the text implies that any breaches would likely be addressed through internal administrative processes or other relevant legislation.

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