Naval Financial Regulations (Amendment)

Overview

The Naval Financial Regulations Amendment (Regulations) 1963 was enacted to address the need for updated financial provisions within the Naval Defence Act 1910-1952. These Regulations, issued under the authority of the Governor-General in Council, introduce amendments to the Naval Financial Regulations primarily aimed at adjusting allowances for naval officers and ratings. Specifically, the Regulations establish new allowances, such as the 'entertainment allowance' for officers and ratings entitled to oversea living in allowance, and the 'upkeep allowance' for the officer appointed as the Head of the Australian Joint Services Staff in London. These changes seek to ensure that naval personnel receive appropriate financial support for their duties, both domestically and internationally, thereby enhancing their operational effectiveness and morale. The policy objective of these amendments is to provide clearer guidelines and financial support to naval officers and ratings, ensuring they are adequately compensated for their service. This legislative instrument was enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure the provisions align with the broader objectives of the Naval Defence Act.

Scope and Application

These Regulations, made under the Naval Defence Act 1910-1952, pertain specifically to amendments of the Naval Financial Regulations, focusing on financial allowances for officers and members of the rating of Chief Petty Officer within the Australian Defence Force. The amendments introduce two new allowances: an "entertainment allowance" for officers and Chief Petty Officers eligible for overseas living-in allowance, excluding those of a diplomatic or liaison staff nature, and an "upkeep allowance" for officers appointed as Head of the Australian Joint Services Staff in London, provided they occupy the official residence. These allowances are subject to the determinations of the Naval Board regarding rates, conditions, and payment periods. The regulations apply to officers and members of the rating of Chief Petty Officer who meet the specific eligibility criteria outlined, and the allowances are payable from specific dates following the enactment of these regulations. The amendments are applicable within the Commonwealth of Australia, extending to any overseas postings as specified, and the Naval Board retains the authority to make further determinations and adjustments through subordinate instruments.

Key Provisions

The main operative sections of these Regulations, under the Naval Defence Act 1910-1952, amend the Naval Financial Regulations by introducing new allowances for officers and members of the rating of Chief Petty Officer. Regulation 104 of the Naval Financial Regulations is amended to include a new sub-regulation (3) allowing for an 'entertainment allowance' for officers or members of the rating of Chief Petty Officer who are entitled to an oversea living-in allowance, unless their appointment or draft is of a diplomatic or liaison staff nature. This allowance is payable from the 21st of February, 1963, at rates and conditions determined by the Naval Board. Additionally, a new regulation 104A is inserted, establishing an 'upkeep allowance' for an officer appointed as Head of the Australian Joint Services Staff, London, who occupies the official residence for that office. This allowance is payable from the 11th of April, 1963, at rates and conditions determined by the Naval Board. The Naval Board may also authorise advances on account of the upkeep allowance, and if an excess is paid, the person must repay the Commonwealth the excess amount or the amount of the advance if no upkeep allowance becomes payable. These Regulations impose obligations on officers and members of the rating of Chief Petty Officer who are entitled to oversea living-in allowances, as well as on officers appointed as Head of the Australian Joint Services Staff, London. For those entitled to oversea living-in allowances, the Regulations allow for an additional 'entertainment allowance', subject to the Naval Board's determination of rates and conditions. For officers appointed as Head of the Australian Joint Services Staff, London, the Regulations allow for an 'upkeep allowance' while occupying the official residence, again subject to the Naval Board's determination of rates and conditions. The Naval Board also has the authority to make advances on account of the upkeep allowance, and if an excess is paid, the Regulations require repayment of that excess or the advance amount. The Regulations also provide for civil consequences for breaches, particularly in the context of repayment obligations. If an officer or member of the rating of Chief Petty Officer receives an excess amount by way of advance for upkeep allowance, they are liable to repay that excess to the Commonwealth. If no upkeep allowance becomes payable, the officer or member must repay the full amount of the advance. The Commonwealth may recover these amounts as debts due by action in a court of competent jurisdiction. Additionally, any repayable amount under these Regulations is deemed to be an amount that has been incorrectly paid or credited to a member under regulation 264 of the Naval Financial Regulations.