Statutory Rules
1977 No. 143
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 nineteenth day of August 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
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Amendments of the Naval Financial Regulations†
District allowance.
1. Regulation 107 of the Naval Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (4ab) the words “ district allowance ” and substituting the words “ district allowances ”;
(b) by omitting from paragraph (a) of sub-regulation (4ab) the words “ the first column ” and substituting the word and figure “ column 1 ”;
(c) by omitting from paragraph (b) of sub-regulation (4ab) the words “ the first column ” and substituting the word and figure “ column 1 ”;
(d) by omitting from sub-regulation (4ab) the words “ so specified in the following table ” and substituting the words “ specified opposite that grade in whichever of column 2, 3 or 4 of that table is applicable to the member ”;
(e) 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............................ | 0.85 | 0.44 | 0.31 |
| 2............................ | 1.53 | 0.79 | 0.55 |
| 3............................ | 2.47 | 1.34 | 0.94 |
| 4............................ | 3.42 | 1.97 | 1.38 |
| 5............................ | 4.47 | 2.63 | 1.84 |
| 6............................ | 5.59 | 3.42 | 2.39 |
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* Notified in the Commonwealth of Australia Gazette on 23 August 1977.
† Statutory Rules 1956, No. 88 as amended to date. For previous amendments of the Naval Financial Regulations see footnote † to Statutory Rules 1977, No. 4 and see also Statutory Rules 1977, Nos.4, 37, 46 and 91.
and
(f) by omitting sub-regulation (4ad) and substituting the following sub-regulation:—
“ (4ad) Where a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations is removed from the list referred to in that regulation, this regulation applies to a member—
(a) who, immediately before that removal, resided in an isolated district that comprised that locality;
(b) to whom district allowance has been paid or is payable in respect of his residence in that district during a period immediately preceding that removal; and
(c) who continues to reside in that district after that removal,
as if that locality had not been removed from that list until the expiration of—
(d) 1 year after that removal; or
(e) the period during which the member continued to reside in that district after that removal,
whichever is the sooner, and the rate of district allowance payable to the member had been the rate ascertained in accordance with this regulation as in force immediately before that removal.”.
Application.
2. The Naval Financial Regulations as amended by regulation 1 apply in relation to service by members after 1 June 1977.
Overview
Statutory Rules 1977 No. 143, made under the authority of the Naval Defence Act 1910, was enacted to amend the Naval Financial Regulations, particularly addressing the district allowance rates and classifications for naval personnel. The Regulations were introduced to ensure that the financial support provided to naval members living in various districts, whether married or unmarried, and those living in or out of base accommodations, is updated and accurately reflects the current economic conditions and living costs. These amendments were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of these amendments is to provide a fair and updated remuneration system for naval members, ensuring that their allowances are reflective of the actual living costs in different districts.
Scope and Application
The Statutory Rules 1977 No. 143, made under the Naval Defence Act 1910, primarily pertain to the amendment of the Naval Financial Regulations. These regulations govern the financial allowances and payments applicable to members of the naval forces, specifically addressing district allowances and their rates. The amendments introduced by these regulations apply to members of the naval forces who are on service after 1 June 1977. The changes include modifications to the terminology and the structure of the allowances table, as well as provisions for the continuity of allowances in the event of changes to locality classifications. The application of these regulations is nationwide, as they are enacted under Commonwealth authority, thereby impacting all members of the naval forces across Australia.
Key Provisions
These regulations amend the Naval Financial Regulations, specifically Regulation 107, which pertains to district allowances for members of the naval forces. The amendments primarily involve updating the terminology and structure of the allowance rates and conditions. For example, Regulation 1(a) changes the term “district allowance” to “district allowances” to reflect a plural form, and Regulation 1(b) and (c) adjust references to “the first column” to “column 1”. Additionally, Regulation 1(d) modifies the specification of rates in the allowance table, now referencing column 2, 3, or 4 depending on the member's grade and living situation. Regulation 1(f) further clarifies the conditions under which district allowances continue to apply when localities are removed from the list of classified areas, ensuring that affected members receive allowances for a transitional period.
The regulations impose specific obligations on members of the naval forces and the Defence Force. These obligations include adhering to the updated allowance rates specified in the amended Regulation 107, which is particularly relevant for members living in isolated districts or those who have been receiving district allowances prior to changes in classification. The regulations also place an onus on the Defence Force to ensure that members who meet the criteria for continued allowances under Regulation 1(f) are properly compensated during the transitional period after a locality is removed from the list of classified areas.
Breach of the provisions outlined in these regulations could result in various consequences. For instance, failure to correctly apply the updated allowance rates as specified in Regulation 1 could lead to discrepancies in the financial compensation received by naval members. While the regulations themselves do not explicitly detail specific penalties for non-compliance, breaches of the Naval Defence Act 1910 or associated regulations could potentially result in administrative or legal consequences. These could include fines or other penalties as stipulated by relevant laws governing the administration of defence force allowances and payments.