EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 439
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulations 93, 94 and 95 of the Naval Financial Regulations provide for the payment of Living Out Away From Home Allowance and Retention of Lodgings Allowance to members of the Defence Force who are separated from their dependants for Service reasons and who cannot be provided with Service accommodation or Service rations or both. These regulations have been replaced by Determination 0508, Living Out Away From Home Allowance, a determination made under section 58B of the Defence Act 1903.
Regulation 275 of the Naval Financial Regulations extends the provisions of regulations 93, 94 and 95 to members of the Navy reserve. These allowances do not have current application with respect to reserve members as such members only travel on duty and the temporary living situations for which these allowances are payable are encompassed in the Travelling Allowance provisions.
These Statutory Rules repeal regulations 93, 94 95 and 275 of the Naval Financial Regulations.
The date of effect is the date on which Determination 0508, Living Out Away From Home Allowance, is made under section 58B of the Defence Act 1903.
Overview
The Statutory Rules 1984 No. 439, issued under the authority of the Minister for Defence, amends the Naval Financial Regulations to address the need for updated allowances for Defence Force members and Navy reserve members who are separated from their dependants due to service reasons and cannot be provided with service accommodation or rations. Enacted by the Parliament of Australia, the Defence Amendment Act 1979 authorised the Minister to make interim determinations to amend or repeal regulations, deeming these interim determinations to be Statutory Rules. These amendments respond to the current operational realities and ensure that allowances provided to members are relevant and necessary, thereby supporting the policy objective of maintaining fair and adequate support for Defence personnel in various service situations.
Scope and Application
The Statutory Rules 1984 No. 439, issued under the authority of the Minister for Defence, pertain to amendments of the Naval Financial Regulations. These regulations originally provided for the payment of Living Out Away From Home Allowance and Retention of Lodgings Allowance to Defence Force members who are separated from their dependants for service reasons and cannot be provided with service accommodation or rations. These provisions have been repealed and replaced by Determination 0508, Living Out Away From Home Allowance, under section 58B of the Defence Act 1903. Regulation 275, which extended these provisions to Navy reserve members, has also been repealed as it is no longer applicable given that reserve members typically travel on duty and are covered under Travelling Allowance provisions. The changes apply to Defence Force members, including those in the Navy reserve, within the Commonwealth jurisdiction, and the repeal of the regulations takes effect from the date Determination 0508 is made.
Key Provisions
The main operative sections of these Statutory Rules, which are issued under the authority of the Minister for Defence, pertain to the amendment and repeal of specific regulations within the Naval Financial Regulations. Section 12 of the Defence Amendment Act 1979 authorises the Minister to make interim determinations that amend or repeal existing regulations, with these interim determinations deemed to be Statutory Rules (Section 12). Regulations 93, 94, and 95, which previously provided for the payment of Living Out Away From Home Allowance and Retention of Lodgings Allowance to Defence Force members separated from their dependants, have been replaced by Determination 0508, Living Out Away From Home Allowance, made under section 58B of the Defence Act 1903. Regulation 275, which extended the provisions of regulations 93, 94, and 95 to members of the Navy reserve, has also been repealed as these allowances are no longer applicable to reserve members due to their temporary nature being covered by Travelling Allowance provisions.
These Statutory Rules impose specific obligations on the entities and individuals they govern. They effectively nullify regulations 93, 94, 95, and 275 of the Naval Financial Regulations, thereby ensuring that the allowances previously provided under these regulations are no longer applicable. This repeal takes effect from the date on which Determination 0508 is made under section 58B of the Defence Act 1903, and it reflects the current operational realities of Defence Force members and Navy reserve members. The amendments aim to streamline and update the financial provisions applicable to Defence Force members, ensuring that allowances are only provided where they are necessary and applicable.
The Statutory Rules do not explicitly outline specific offences, penalties, or civil or criminal consequences for breach. However, it is implicit that any continued adherence to the repealed regulations could lead to non-compliance with the updated financial provisions established under Determination 0508. Such non-compliance might result in administrative penalties or other consequences as stipulated by the Defence Force regulations and policies. The maximum penalties, if applicable, would be determined according to the Defence Force's disciplinary and administrative procedures, which are not detailed in these Statutory Rules. The primary focus of these rules is the administrative alignment of financial allowances with current Defence Force practices and the operational realities of service members.