Statutory Rules
1978 No. 88
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910.
Dated this twenty-first day of June 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS†
Commencement
1. These Regulations shall be deemed to have come into operation on 18 January 1978.
District allowance
2. Regulation 107 of the Naval Financial Regulations is amended by omitting the table in sub-regulation (4ab) and substituting the following table:
Column 1 | Column 2 | Column 3 | Column 4 |
Grade | Married member living out— rate per day | Unmarried member living out— rate per day | Member living in— rate per day |
| $ | $ | $ |
1......................... | 0.93 | 0.49 | 0.34 |
2......................... | 1.70 | 0.88 | 0.62 |
3......................... | 2.71 | 1.48 | 1.04 |
4......................... | 3.78 | 2 16 | 1.51 |
5......................... | 4.90 | 2.90 | 2.03 |
6......................... | 6.14 | 3.78 | 2.65 |
* Notified in the Commonwealth of Australia Gazette on 27 June 1978.
† Statutory Rules 1956, No. 88 as amended to date. For previous amendments of the Naval Financial Regulations see footnote † to Statutory Rules 1978. No. 21 and see also Statutory Rules 1978, Nos. 21, 62 and 70.
Overview
Statutory Rules 1978 No. 88, enacted under the authority of the Governor-General with the advice of the Federal Executive Council, amends the Naval Financial Regulations pursuant to the Naval Defence Act 1910. This legislation aims to update the financial allowances for naval personnel, addressing discrepancies in the rates paid to different grades of personnel based on their living arrangements. The problem it seeks to resolve is ensuring that the financial support provided to naval members is fair, up-to-date, and reflective of their living conditions, whether they live on or off base. By amending the regulations, the policy objective is to maintain the morale and welfare of naval personnel through appropriate financial provisions, thereby supporting the broader objectives of the Naval Defence Act 1910.
Scope and Application
The Naval Financial Regulations, as amended by Statutory Rules 1978 No. 88, apply to members of the Royal Australian Navy, including both married and unmarried personnel, who are either living in or out of naval housing. The Regulations concern allowances for district living, which are financial supplements provided to members based on their rank, marital status, and living arrangements. These Regulations are a subordinate instrument under the broader Naval Defence Act 1910, thereby extending the application of the Act to the financial management of naval personnel. The Regulations are effective throughout the Commonwealth of Australia, as they are promulgated under federal authority. Any exclusions or exemptions from these allowances are not detailed in these particular Regulations but may be found in other sections of the Naval Defence Act or related instruments.
Key Provisions
The Statutory Rules 1978 No. 88, made under the Naval Defence Act 1910, amend the Naval Financial Regulations, specifically Regulation 107, which concerns allowances for naval personnel. Effective from 18 January 1978, these Regulations replace the existing table for daily allowances with a new one. The changes pertain to the allowances for married and unmarried members, as well as those living in or out, across various grades. For example, the new rate for a Grade 1 married member living out is $0.93 per day, whereas an unmarried member in the same grade and living out would receive $0.49 per day, and a member living in would receive $0.34 per day. These rates vary incrementally for higher grades, as detailed in the new table.
Under these Regulations, the Defence Force must ensure that all allowances are adjusted according to the new rates specified in Regulation 107. This involves updating payment systems, informing personnel of the changes, and ensuring that the correct amounts are disbursed in accordance with the members' marital status and living arrangements. The Defence Force is also responsible for maintaining records of these changes and ensuring compliance with the updated financial regulations.
Failure to adhere to these amended financial regulations could result in administrative or financial discrepancies, potentially leading to legal consequences. While specific penalties for non-compliance are not detailed in the Regulations themselves, breaches of financial regulations generally may attract penalties under the relevant Acts and Regulations, including potential disciplinary actions for Defence personnel. The exact penalties would depend on the nature and severity of the breach, and could range from fines to more serious administrative or legal consequences.