Naval Financial Regulations (Amendment)

Legislation au C1975L00040 Regulations Not in force Legislative Instrument

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Statutory Rules

1975 No. 40

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1973.*

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1973.

Dated this thirteenth day of March, 1975.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

______

Amendments of the Naval Financial Regulations†

Education allowance.

1. Regulation 122 of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (3) the words “One thousand five hundred and ninety dollars” and substituting the figures “$1,900”;

(b) by omitting from paragraphs (b) and (c) of sub-regulation (3) the words “Two hundred and sixty dollars” and substituting the figures “$270”;

(c) by omitting from sub-regulation (3a) the words “One thousand five hundred and ninety dollars” and substituting the figures “$1,900”; and

(d) by omitting from sub-regulations (3d) and (3e) the words “Two hundred and sixty dollars” and substituting the figures “$270”.

Application.

2. Education allowance is payable in accordance with regulation 122 of the Naval Financial Regulations as amended by regulation 1 of these Regulations in respect of the attendance of a child at a school during the year that commenced on 1 January 1974 or a subsequent year.

 

* Notified in the Australian Government Gazette on 25 March 1975.

† 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; and 1974, Nos. 74, 90, 158, 200, 254 and 255. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; and 1974, Nos. 71, 77, 90, 92, 93 and 208; and 1975, No. 34).

Overview

Statutory Rules 1975 No. 40, the Regulations under the Naval Defence Act 1910-1973, were enacted to provide specific regulations concerning the financial allowances within the naval force, specifically targeting the education allowance for children of naval officers. This legislative instrument was issued under the authority of the Naval Defence Act 1910-1973 and was made by the Administrator of the Government of Australia, acting on the advice of the Executive Council. The regulations were designed to ensure that the financial provisions for naval officers' families are updated to reflect current economic conditions and to maintain the welfare of the families of those serving in the naval defence force. The policy objective behind these regulations is to ensure that the financial support provided to naval officers is fair, equitable, and reflective of the cost of living and educational expenses, thereby supporting the efficiency and morale of the naval personnel. These regulations specifically address the education allowance by amending the Naval Financial Regulations to adjust the monetary figures to better align with the actual costs incurred by naval officers for their children's education, effective from the year commencing on 1 January 1974.

Scope and Application

The Regulations under the Naval Defence Act 1910-1973 specifically amend the Naval Financial Regulations, particularly focusing on the education allowance. These regulations apply to individuals within the defence force who are entitled to an education allowance for their children's school attendance, starting from the year commencing 1 January 1974. The adjustments to the education allowance figures are clearly outlined and replace previous monetary amounts with updated figures. There are no stated exclusions or exemptions within these regulations, and they apply uniformly across the defence force. The scope of these regulations is limited to financial adjustments within the specified context and does not extend to broader areas of defence policy or other financial allowances. The regulations themselves do not indicate any extension or restriction of application through subordinate instruments, focusing solely on the outlined amendments.

Key Provisions

The main operative sections of this legislation pertain to the amendments of the Naval Financial Regulations (section 1). Specifically, regulation 122 of the Naval Financial Regulations is amended to update the education allowance figures. The amendments adjust the allowance amounts for children attending school, replacing the previous figures with new ones. This update applies to education allowance payments for the academic year that commenced on 1 January 1974 and subsequent years. The regulations clarify that the education allowance is to be paid in accordance with the updated figures, ensuring that the financial support provided to naval personnel for their children's education is current and reflective of the revised rates. These amendments impose clear obligations on the relevant parties, primarily the Department of Defence and naval personnel. The Department of Defence must ensure that the updated education allowance figures are applied correctly in all relevant calculations and payments. Naval personnel who are eligible for the education allowance must provide accurate information regarding their children's school attendance to receive the correct amount. The regulations require that all documentation and records related to the education allowance reflect these amendments, ensuring transparency and compliance with the updated provisions. In terms of consequences for breach, the legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance with these amendments. However, general principles of administrative law and the obligations under the Naval Defence Act 1910-1973 would apply. Any failure to comply with the updated education allowance provisions could potentially lead to disputes or claims for underpayment, which would need to be resolved through the appropriate administrative or judicial processes. It is essential that both the Department of Defence and naval personnel adhere to the updated regulations to avoid any potential legal or financial repercussions.

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