EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 172
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 200 of the Naval Financial Regulations provides for payment of travelling allowance to members of the Navy making an authorized journey.
These Statutory Rules amend regulation 200 by increasing the rates at which the allowance is payable. The increases are a flow-on from corresponding increases recently granted to members of the Australian Public Service.
The date of effect is 1 May 1982.
Overview
The Statutory Rules 1982 No. 172, issued by the authority of the Minister for Defence under Section 12 of the Defence Amendment Act 1979, provide for amendments to the Naval Financial Regulations. This legislative instrument was enacted to address the need for adjustments in the rates of travelling allowances payable to members of the Navy, in line with recent increases granted to members of the Australian Public Service. The policy objective behind this amendment is to ensure that the allowances provided to Navy personnel are commensurate with those of other public service employees, thereby maintaining fairness and consistency across government sectors.
These amendments to Regulation 200 of the Naval Financial Regulations, effective from 1 May 1982, were made to reflect the updated financial circumstances and to ensure that the travelling allowances for Navy members remain equitable. The changes were implemented through Statutory Rules to expedite the necessary adjustments without the need for further legislative processes, thereby allowing for timely and responsive updates to the financial regulations governing the Defence force.
Scope and Application
The Naval Financial Regulations Amendment (Travel Allowance) Statutory Rules 1982 No. 172 apply to members of the Australian Navy who are entitled to a travelling allowance for authorised journeys, as stipulated under regulation 200 of the Naval Financial Regulations. This amendment, issued under the authority of the Minister for Defence as per Section 12 of the Defence Amendment Act 1979, adjusts the rates at which these allowances are payable, aligning them with the recent increases granted to members of the Australian Public Service. The amendment's scope is confined to the Australian Commonwealth jurisdiction, impacting only those within the Navy who meet the criteria for authorised travel. These Statutory Rules came into effect on 1 May 1982 and do not explicitly state any exclusions, exemptions, or thresholds, although their application may be further refined through subordinate instruments or subsequent amendments.
Key Provisions
The primary operative sections of these Statutory Rules (Statutory Rules 1982 No. 172) amend regulation 200 of the Naval Financial Regulations (Regulation 200) concerning the payment of travelling allowance to Navy members undertaking authorized journeys. Section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal regulations, which are deemed to be Statutory Rules (Section 12). These rules specifically adjust the rates at which the travelling allowance is payable, aligning with the recent increases granted to members of the Australian Public Service. The changes take effect from 1 May 1982.
These Statutory Rules impose specific obligations on the entities governed by them, primarily the Australian Defence Force. They require that members of the Navy who undertake authorised journeys be paid a travelling allowance at the rates specified in the amended Regulation 200. This amendment ensures that the travelling allowance is commensurate with the rates applicable to the Australian Public Service, reflecting the legislative intent to maintain parity between these two sectors. The rules necessitate that the Defence Force promptly updates its financial records and payment systems to reflect these new rates, ensuring compliance with the legislative changes.
The Statutory Rules themselves do not explicitly state any offences, penalties, or consequences for non-compliance. However, non-compliance with these rules could potentially lead to administrative or legal repercussions for the Defence Force, as they are bound to adhere to the regulations as amended. While the rules do not prescribe specific penalties, breaches of such regulations could result in financial discrepancies, audits, or corrective actions as deemed necessary by the Defence Force hierarchy or relevant oversight bodies. It is also possible that failure to comply with these rules could result in legal challenges or claims by affected personnel for the correct payment of their allowances.