Naval Financial Regulations (Amendment)

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1980 No. 36

INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791

I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this twenty-eighth day of February 1980.

J. E. MCLEAY

Minister of State for Administrative Services

for and on behalf of the Minister of State for Defence

 

Amendments of the Naval Financial Regulations2

Flying pay

 1. Regulation 24 of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:

 “(2) This regulation shall cease to have effect from the date of making of Determination 0106, Flying Allowance under section 58B of the Defence Act 1903.”.

Aircrewman flying pay

 2. Regulation 76 of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:

 “(6) This regulation shall cease to have effect from the date of making of Determination 0106, Flying Allowance under section 58B of the Defence Act 1903.”.

Flight pay

 3. Regulation 76A of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:

 “(3) This regulation shall cease to have effect from the date of making of Determination 0107, Flight Duties Allowance under section 58B of the Defence Act 1903.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 March 1980.

2. Statutory Rules 1956 No. 88 as amended by Statutory Rules 1957 Nos. 27, 32, 68 and 77; 1958 Nos. 25, 45 and 76; 1959 Nos. 66 and 90; 1960 No. 53; 1961 Nos. 5, 12, 24, 33, 45, 78, 90, 96, 130 and 143; 1962 Nos. 10, 19, 22, 32, 86, 96 and 107; 1963 Nos. 12, 18, 54, 61, 72, 88, 94 and 122; 1964 Nos. 5, 15, 16, 50, 51, 60, 90, 101, 104, 130, 139, 167 and 168; 1965 Nos. 46, 70, 74, 122, 140, 157, 175 and 193; 1966 Nos. 31, 33, 103 and 128; 1967 Nos. 21, 40, 56, 107, 109 and 159; 1968 Nos. 70, 77, 78, 99, 104 and 152; 1969 Nos. 5, 41, 55, 113, 114, 119, 138, 177, 201, 208 and 209; 1970 Nos. 12, 36, 38, 60, 61, 134, 158, 180, 203 and 204; 1971 Nos. 1, 2, 46, 56, 122, 158 and 173; 1972 Nos. 21, 35, 83, 100, 147, 182 and 200; 1973 Nos. 81, 106, 170, 178, 208, 254 and 270; 1974 Nos. 74, 90, 158, 200, 254 and 255; 1975 Nos. 40 and 142; 1976 Nos. 4, 12, 57, 162 and 242; 1977 Nos. 4, 37, 46, 91, 143, 241 and 278; 1978 Nos. 21, 62, 70, 88, 161, 223, 232 and 233; 1979 Nos. 25, 26, 48, 56, 57, 129, 132, 138, 281, 301 and 308.

Overview

The Interim Determination under the Defence Amendment Act 1979, made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, aims to address certain administrative issues in the Naval Financial Regulations by introducing temporary modifications. This legislative instrument was enacted to ensure that specific regulations related to flying pay, aircrewman flying pay, and flight pay are aligned with the provisions of the Defence Act 1903. By amending these regulations, the Interim Determination seeks to streamline the administration of financial entitlements within the defence sector, ensuring that the regulations are consistent with the broader legislative framework established by the Defence Act 1903. The policy objective is to maintain a coherent and efficient system of financial allowances for military personnel, thereby supporting the operational effectiveness of the defence forces.

Scope and Application

The Interim Determination made under section 12 of the Defence Amendment Act 1979 applies to amendments of the Naval Financial Regulations specifically concerning flying pay, aircrewman flying pay, and flight pay. These amendments are made to align certain regulations with subsequent determinations under the Defence Act 1903. The regulation amendments are effective immediately from the date of the making of Determinations 0106 and 0107, which pertain to Flying Allowance and Flight Duties Allowance respectively. The Interim Determination is made on behalf of the Minister of State for Defence by the Minister of State for Administrative Services and applies nationally within the Commonwealth of Australia. The scope of the Interim Determination is limited to the specified financial regulations within the Naval Financial Regulations, and does not extend to other areas of defence finance or personnel outside the scope of these regulations. The Interim Determination does not specify any exclusions, exemptions, or thresholds, and its application is direct and immediate upon the specified determinations.

Key Provisions

The Interim Determination under the Defence Amendment Act 1979 primarily focuses on amending specific sections of the Naval Financial Regulations to align with new provisions concerning flying and flight duties allowances. Regulation 24, which pertains to flying pay, is altered to cease its effect from the date of making Determination 0106 regarding Flying Allowance under section 58B of the Defence Act 1903 (paragraph 1). Similarly, Regulation 76, which deals with aircrewman flying pay, is amended to also cease its effect from the same date (paragraph 2). Furthermore, Regulation 76A, concerning flight pay, is modified to stop being effective from the date of making Determination 0107 regarding Flight Duties Allowance under section 58B of the Defence Act 1903 (paragraph 3). These amendments impose a clear obligation on all parties governed by the Naval Financial Regulations to adhere to the new provisions outlined in the Interim Determination. This includes ceasing the application of specific regulations related to flying and flight duties allowances as per the effective dates specified in the Determination. The Interim Determination serves to update and streamline the financial regulations applicable to defence personnel, ensuring that they reflect the latest legislative changes and provisions. The Interim Determination itself does not explicitly outline offences, penalties, or civil or criminal consequences for breaches. However, the amendments made to the Naval Financial Regulations are integral to the Defence Act 1903, and any non-compliance with these regulations could potentially lead to legal ramifications under the overarching Defence Act. Such consequences might include financial penalties, disciplinary actions, or other enforcement measures as deemed appropriate under the Defence Act and associated legislation. The exact penalties would be determined by the courts based on the specifics of any breach and the applicable legal frameworks.

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Area of Law
Defence & Military Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Defence & Military Pay

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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.