Naval Financial Regulations (Amendment)

Legislation au C1970L00134 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1970 No. 134

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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 twenty-eighth day of September, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for the Navy.

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Amendments of the Naval Financial Regulations†

Commencement.

1. These Regulations shall come into operation on the first day of October, 1970.

Interpretation.

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

(a) by omitting from sub-regulation (1.) the definition of “consolidated rate of pay”; and

(b) by omitting from paragraph (b) of the definition of “married member” the words “of a consolidated rate of pay” and inserting in their stead the words “of active pay at a consolidated rate”.

3. After regulation 7 of the Naval Financial Regulations the following regulation is inserted:—

Consolidated rates of pay.

“7a. For the purpose of these Regulations, an officer shall be taken to be in receipt of active pay at a consolidated rate—

(a) if the officer holds an appointment specified in sub-section (1.) of section 9a of the Defence Act 1903-1970;

(b) if the officer is eligible to be paid active pay as provided in sub-regulation (1.), (2.) or (3.) of regulation 15 of these Regulations; or

(c) if the officer is, under sub-regulation (6.) of regulation 15 of these Regulations, entitled to be paid at the consolidated rate at which active pay is payable to a Commodore.”.

Consolidated rates of pay.

4. Regulation 15 of the Naval Financial Regulations is amended—

(a) by omitting sub-regulations (1.) to (5.) (inclusive) and inserting in their stead the following sub-regulations:—

“(1.) The rate at which active pay is payable to a Rear-Admiral is a consolidated rate of Fifteen thousand four hundred and sixty-nine dollars per year.

“(2.) Subject to the next succeeding sub-regulation, the rate at which active pay is payable to a Commodore is a consolidated rate of Thirteen thousand and thirty-eight dollars per year.

* 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, No. 12.

16110/70—Price 8c 10/7.7.1970

“(3.) The rate at which active pay is payable to a Surgeon Commodore or a Surgeon Commodore (D) is a consolidated rate of Fourteen thousand two hundred and fifty-three dollars per year.”;

(b) by omitting from sub-regulation (6.) the words “at the consolidated rate of pay payable under sub-regulation (4.) of this regulation” and inserting in their stead the words “at the consolidated rate at which active pay is payable under sub-regulation (2.) of this regulation”; and

“(7.) Where an officer holding the rank of Captain is entitled to be paid at the consolidated rate at which active pay is payable to a Commodore, the officer shall, for the purposes of any provision of these Regulations by virtue of which an allowance may be paid to a Commodore or at a particular rate in the case of a Commodore, be deemed to be a Commodore.”.

5. After regulation 15 of the Naval Financial Regulations the following regulation is inserted:—

Payment of allowances to officers paid at a consolidated rate.

“15a.—(1.) Subject to the next succeeding sub-regulation, an officer entitled to be paid active pay at a consolidated rate is not eligible to be paid any allowance under this Part, under Division 1 of Part IV. or under Part IX. unless express provision is made for the allowance to be paid to the officer.

“(2.) An officer holding the rank of Captain who is entitled to be paid active pay at the consolidated rate at which active pay is payable to a Commodore is not eligible to be paid an allowance under a Part or Division specified in the last preceding sub-regulation unless express provision is made for the allowance to be payable—

(a) to Commodores, to Commodores or Captains or to Captains entitled to be paid at that consolidated rate; or

(b) to officers in receipt of active pay at a consolidated rate.”.

Command money.

6. Regulation 18 of the Naval Financial Regulations is amended by omitting from the table in sub-regulation (1.) the words “pay at a consolidated rate of pay” (wherever occurring) and inserting in their stead the words “active pay at a consolidated rate”.

Higher duties allowance.

7. Regulation 113 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (4.) the words “of pay”;

(b) by omitting from sub-regulation (5.) the words “of pay”; and

“(6.) For the purpose of paragraph (6) of sub-regulation (2.) of this regulation, the rate per day at which active pay is payable to an officer who is in receipt of active pay at a consolidated rate is the rate ascertained by dividing his consolidated rate by three hundred and sixty-five.”.

Oversea outfit allowance.

8. Regulation 177 of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) In this regulation, a reference to a member shall be read as including a reference to a member who is in receipt of active pay at a consolidated rate.”.

Khaki clothing allowance.

9. Regulation 177a of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) In this regulation, a reference to an officer shall be read as including a reference to an officer who is in receipt of active pay at a consolidated rate.”.

Rate of travelling allowance within Australia.

10. Regulation 201 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “First Naval Member of the Naval Board” and inserting in their stead the words “Chief of Naval Staff”; and

(b) by omitting from sub-regulation (5.) the words “First Naval Member of the Naval Board” and inserting in their stead the words “Chief of Naval Staff”.

Rate of allowance for journey.

11. Regulation 202 of the Naval Financial Regulations is amended by omitting the words “First Naval Member of the Naval Board” and inserting in their stead the words “Chief of Naval Staff”.

Reduction or amount when subsistence or accommodation is provided.

12. Regulation 203 of the Naval Financial Regulations is amended by omitting from sub-regulation (8.) the words “First Naval Member of the Naval Board” and inserting in their stead the words “Chief of Naval Staff”.

Variation or disallowance of claim.

13. Regulation 206 of the Naval Financial Regulations is amended by omitting the words “First Naval Member of the Naval Board” and inserting in their stead the words “Chief of Naval Staff”.

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Overview

The Naval Financial Regulations Amendment Regulations 1970 were enacted to address the need for updating and refining the financial provisions governing the Australian Navy. This legislative instrument, issued under the authority of the Naval Defence Act 1910-1968, was introduced to ensure that the financial regulations are in line with the current pay structures and allowances for naval officers. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council. The primary policy objective of these amendments was to streamline the financial regulations concerning consolidated rates of pay and allowances for officers within the Navy, ensuring consistency and fairness in the payment of naval personnel. The changes included adjustments to definitions, pay rates, and eligibility criteria for various allowances, reflecting the evolving needs of the naval service and its personnel.

Scope and Application

The Statutory Rules 1970 No. 134, made under the Naval Defence Act 1910-1968, amend the Naval Financial Regulations to adjust the definitions and rates associated with consolidated rates of pay for naval officers. These regulations apply specifically to officers within the Australian Defence Force who are entitled to active pay at a consolidated rate, which is determined by their rank and position as outlined in the Defence Act 1903-1970. The scope of the amendments includes changes to the definitions of consolidated rates of pay and their application to allowances and other financial benefits. The amendments also adjust the rates for active pay for various ranks, such as Rear-Admiral, Commodore, and Surgeon Commodore, and specify conditions under which allowances may be paid to officers at these consolidated rates. The regulations come into operation on 1 October 1970 and are applicable nationwide, affecting all officers within the scope of the Naval Financial Regulations. The Act does not specify exclusions or exemptions, but it does clarify that officers at certain consolidated rates are not eligible for certain allowances unless expressly provided for by the regulations. The application of these regulations may be extended or further detailed through subordinate instruments as necessary.

Key Provisions

The primary operative sections of the Statutory Rules 1970 No. 134, made under the Naval Defence Act 1910-1968, involve amendments to the Naval Financial Regulations, which govern financial aspects of the Royal Australian Navy. Section 2 amends the definition of "consolidated rate of pay" and "married member" in the Naval Financial Regulations. Section 3 inserts a new regulation, 7a, defining "consolidated rates of pay" for officers, specifying the conditions under which an officer is considered to be in receipt of active pay at a consolidated rate. Section 4 modifies Regulation 15 to set consolidated rates for Rear-Admirals, Commodores, and Surgeon Commodores, and introduces new sub-regulations to clarify the terms and conditions of these rates. Section 5 introduces a new regulation, 15a, which stipulates the conditions under which officers paid at a consolidated rate are eligible for allowances. Section 6 modifies Regulation 18 to change the terminology from "consolidated rate of pay" to "active pay at a consolidated rate." Sections 7 to 13 make further amendments to Regulations 113, 177, 177a, 201, 202, 203, and 206, adjusting the definitions and references to "consolidated rates of pay" and updating certain positions from "First Naval Member of the Naval Board" to "Chief of Naval Staff." The obligations and requirements imposed by these regulations on the parties they govern include adherence to the newly defined consolidated rates of pay and allowances. Officers and other personnel must ensure they meet the specified criteria to qualify for active pay at a consolidated rate, and they must be aware of the conditions under which allowances are payable. The regulations also require compliance with the updated definitions and references, ensuring that financial transactions and entitlements are processed correctly according to the new standards. There are no specific offences, penalties, or civil/criminal consequences mentioned in these regulations for breach. However, failure to comply with these financial regulations could lead to administrative consequences such as the disallowance of claims or financial adjustments, as outlined in Regulation 206. The exact nature and extent of penalties for non-compliance would depend on the specific circumstances and any additional governing legislation or administrative policies in place.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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