Naval Financial Regulations (Amendment)

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Statutory Rules

1979 No. 138

REGULATIONS UNDER THE NAVAL DEFENCE ACT 19101

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 thirteenth day of July 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. E. McLEAY

Minister of State for Administrative Services for and on behalf of the

Minister of State for Defence

–––––––––

AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS2

Commencement

1. These Regulations shall be deemed to have come into operation on 21 December 1978.

Transport allowance

2. Regulation 196a of the Naval Financial Regulations is amended by omitting sub-regulation (9) and substituting the following sub-regulations:

“(9) Subject to sub-regulation (10), the rate at which transport allowance is payable to a member in accordance with this regulation is whichever of the rates specified in the following table is applicable:

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Motor vehicle not being a motor vehicle powered by a rotary engine

Motor vehicle powered by a rotary engine

Rate of allowance per kilometre for the first 12,000 kilometres travelled in a prescribed period

Rate of allowance per kilometre for each kilometre after the first 12,000 kilometres travelled in a prescribed period

 

 

 

cents

cents

1

Motor vehicle having a carrying capacity of 1 tonne or more

Motor vehicle having a carrying capacity of 1 tonne or more

18.6

13.0


Column 1

Column 2

Column 3

Column 4

Column 5

Item

Motor vehicle not being a motor vehicle powered by a rotary engine

Motor vehicle powered by a rotary engine

Rate of allowance per kilometre for the first 12,000 kilometres travelled in a prescribed period

Rate of allowance per kilometre for each kilometre after the first 12,000 kilometres travelled in a prescribed period

 

 

 

cents

cents

2

Motor vehicle having a carrying capacity of less than 1 tonne, the engine of which has more than 6 cylinders

Motor vehicle having a carrying capacity of less than 1 tonne, the engine of which has a capacity of 2,000 cubic centimetres or more

18.1

12.3

 

 

3

Motor vehicle having a carrying capacity of less than 1 tonne, the engine of which has 5 or 6 cylinders

Motor vehicle having a carrying capacity of less than 1 tonne, the engine of which has a capacity of not less than 1,000 cubic centimetres but less than 2,000 cubic centimetres

14.0

9.9

 

 

4

Motor vehicle having a carrying capacity of less than 1 tonne, the engine of which has 4 cylinders or less

Motor vehicle having a carrying capacity of less than 1 tonne, the engine of which has a capacity of less than 1,000 cubic centimetres

12.6

8.8

 

 

5

Motor cycle the engine capacity of which is 250 cubic centimetres or more

 

9.2

6.6

 

 

6

Any other motor cycle

 

4.4

3.4

“(9a) For the purposes of sub-regulation (9)—

(a) a reference to a rotary engine shall be read as a reference to an internal combustion engine in which fuel is ignited by means of a spark and in the combustion chamber, or each combustion chamber, of which a single central rotating member performs the function performed by a piston in a combustion chamber of a reciprocating internal combustion engine in which fuel is so ignited; and

(b) subject to sub-regulation (9b), the displacement of the rotary engine that drives a motor vehicle shall be taken to be the displacement of the engine according to the specifications of the engine issued by the manufacturer of the motor vehicle.

“(9b) Where the specifications issued by the manufacturer of a vehicle that is driven by a rotary engine do not state the displacement of the engine but state the displacement of the rotor or rotors comprising the engine, the displacement of the engine shall be taken to be equal to the displacement, according to those specifications, of the rotor that comprises the engine or the sum of the displacements, according to those specifications, of the rotors that comprise the engine.”.

 


NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 July 1979.

2. Statutory Rules 1956 No. 88 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 25 and see also Statutory Rules 1979 Nos. 25, 26, 48, 56, 57, 129 and 132.

Overview

Statutory Rules 1979 No. 138, made under the Naval Defence Act 1910, were enacted to amend the Naval Financial Regulations by adjusting the rates at which transport allowance is payable to members of the Navy. These regulations were promulgated by the Governor-General, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to update and refine the financial allowances for transportation costs incurred by Navy personnel, ensuring that the rates reflect current economic conditions and vehicle specifications, thereby maintaining fairness and efficiency in the financial support provided to service members.

Scope and Application

The Regulations under the Naval Defence Act 1910 apply to individuals who are members of the naval forces within the Commonwealth of Australia, as well as to entities and transactions associated with the naval forces, specifically concerning financial regulations. These regulations have a national reach within Australia, as they are made under the authority of the Commonwealth. The scope of these regulations pertains to the financial allowances for transport for naval members, including the rates of allowance per kilometre for various types of motor vehicles and motor cycles. The regulations also outline specific definitions and calculations for determining the displacement of rotary engines in motor vehicles, which directly impacts the allowance rates. There are no explicit exclusions, exemptions, or thresholds mentioned within the text of these regulations, and they extend their application through the amendments to the Naval Financial Regulations.

Key Provisions

The primary sections of these Regulations under the Naval Defence Act 1910 involve the amendment of Regulation 196a of the Naval Financial Regulations (section 2). This amendment pertains to the rates of transport allowance payable to members, specifically those related to motor vehicles and motorcycles (section 2). The new rates are set out in a detailed table, distinguishing between various types of motor vehicles and motorcycles based on their engine capacity and the number of cylinders (section 2). Additionally, there is a definition of a rotary engine included in the regulations (section 2). The Regulations impose clear obligations on the parties they govern. They establish the rates of transport allowance for different categories of motor vehicles and motorcycles, ensuring that members are compensated appropriately based on the type of vehicle they use for travel (section 2). The Regulations also define what constitutes a rotary engine, which is crucial for determining the applicable allowance rates (section 2). Failure to comply with these Regulations could result in civil or criminal consequences. While the specific offences and penalties are not detailed in the Regulations, breaches of regulations under the Naval Defence Act 1910 can potentially lead to enforcement actions by relevant authorities. Typically, such breaches could result in fines or other penalties as prescribed by the overarching Act or other applicable legislation. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions specified in related laws.

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