Naval Financial Regulations (Amendment)

Legislation au C2004L05467 Regulations Not in force Legislative Instrument

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1980 No. 315

INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791

I, the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this seventeenth day of October 1980.

D. J. KILLEN

Minister of State for Defence

 

AMENDMENTS OF THE NAVAL FINANCIAL REGULATIONS2

Interpretation

 1. Regulation 4 of the Naval Financial Regulations is amended —

 (a) by omitting from the definition of “married member”, “male”;

 (b) by omitting from sub-regulation (5) “wife” and substituting “spouse”;

 (c) by omitting from sub-regulation (7) “wife” (wherever occurring) and substituting “spouse”; and

 (d) by adding at the end thereof the following sub-regulations:

 “(10) In these Regulations, a reference to a male member and a female member who are jointly maintaining a home for their dependants includes a reference to a male and a female member jointly providing one home for their dependants whether or not both members reside in that home.

 “(11) In these Regulations, a reference to a member married to another member includes a member who has a de facto spouse.”.

Living out away from home allowance—married member

 2. Regulation 93 of the Naval Financial Regulations is amended by omitting from paragraph (c) of sub-regulation (3) “wife” and substituting “spouse”.

Allowance to widow or widower of a member who dies while serving oversea

 3. Regulation 105A of the Naval Financial Regulations is amended by omitting “his widow” and substituting “the widow or widower of that member”.

Allowance in respect of scholarship lost on reposting

 4. Regulation 121A of the Naval Financial Regulations is amended—

 (a) by omitting from sub-regulation (1) “Subject to sub-regulation (4)” and substituting “Subject to sub-regulation (4) and regulations 122C, 122D, 122E, 122F and 122G”; and

 (b) by omitting from paragraph (a) of sub-regulation (1) “male”.

Education allowance

 5. Regulation 122 of the Naval Financial Regulations is amended by omitting from sub-regulation (2) “male” (wherever occurring).

 6. The Naval Financial Regulations are amended by inserting after regulation 122B the following regulations:

Members of different ranks jointly maintaining a home

 “122C. Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 121A, the member who holds the lower rank shall not be entitled to that allowance.

Members of like rank jointly maintaining a home

 “122D. Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 121A, the member with the lower seniority in that rank shall not be entitled to that allowance.

Member married to a member of the Air Force

 “122E. Where a member who is entitled to an allowance under regulation 121A is jointly maintaining a home with a member of the Air Force who is his spouse and that spouse is or becomes entitled to an allowance under regulation 633B of the Air Force Regulations, regulation 122C or 122D, as appropriate, applies as though that member of the Air Force was a member of the Navy holding a rank corresponding to his rank in the Navy and had an entitlement to an allowance under regulation 121A.

 “122F. For the purposes of regulations 122C, 122D and 122E, where a member is married to another member and each member maintains a home for his or her dependants, or they jointly maintain more than one home for their dependants, the members shall nominate the home to be considered as the home jointly maintained by them for their dependants.

 “122G. Where the members referred to in regulation 122F do not nominate the home to be considered as the home jointly maintained by them for their dependants, each member shall not be entitled to an allowance under regulation 121A.”.

Travel on duty

 7. Regulation 185 of the Naval Financial Regulations is repealed.

Contribution towards cost of fares when member travels on leave

 8. Regulation 230 of the Naval Financial Regulations is amended by omitting from paragraph (a) of sub-regulation (1) “male”.

Interpretation

 9. Regulation 232 of the Naval Financial Regulations is amended—

 (a) by omitting the definition of “member”; and

 (b) by omitting from the definition of “separated”, “wife” and substituting “spouse”.

Reimbursement of part of fare of child of member travelling oversea

 10. Regulation 240B of the Naval Financial Regulations is amended by omitting from sub-regulation (1) “wife” (wherever occurring) and substituting “spouse”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 October 1980.

2. Statutory Rules 1956 No. 88 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 36 and see also Statutory Rules 1980 Nos. 36, 48, 58, 59, 60, 81, 96, 131, 161, 162, 163, 164, 173, 179, 219, 223, 239, 252 and 305.

Overview

The Interim Determination under the Defence Amendment Act 1979, made by the Minister of State for Defence in 1980, amends the Naval Financial Regulations to address gender inclusivity and to modernise definitions and entitlements within the Naval Force. This legislative instrument, issued under section 12 of the Defence Amendment Act 1979, aims to update the Naval Financial Regulations to reflect contemporary societal norms and relationships, particularly in relation to marital and spousal statuses. The policy objective is to ensure that the financial provisions and allowances are applicable to all members, irrespective of gender, and to extend support to de facto relationships. These amendments reflect a broader commitment to equity and inclusivity within the Defence Force, ensuring that all members receive fair and equitable treatment under the Naval Financial Regulations.

Scope and Application

The Interim Determination made under section 12 of the Defence Amendment Act 1979 amends the Naval Financial Regulations to update certain provisions to be more inclusive of gender equality and to extend certain allowances to de facto spouses. These amendments apply to members of the Navy, including both serving personnel and their spouses, as well as to members of the Air Force in the context of joint homes with Navy members. The changes are designed to ensure that allowances and benefits are equitable regardless of gender or relationship status. Notably, the amendments include updates to definitions and references to ensure the terminology reflects modern understandings of marital and familial relationships. The Interim Determination extends its application across the Commonwealth, impacting all members of the Navy and their families nationwide. While the primary focus is on financial regulations related to allowances, the amendments also touch on travel and education benefits. The Interim Determination does not explicitly state any exclusions, but its application is limited to the Navy and does not extend to other branches of the Australian Defence Force unless specifically referenced.

Key Provisions

The main operative sections of this Interim Determination (C2004L05467) under the Defence Amendment Act 1979 modify the Naval Financial Regulations (Regulations) by amending several definitions and allowances. Regulation 4, the interpretation section, is amended to reflect gender-neutral terminology by removing references to "male" and "wife" and substituting "spouse" throughout (sub-regulations 10 and 11). Regulation 93, concerning the living out away from home allowance for married members, is updated to reflect the term "spouse" instead of "wife" (sub-regulation 3). Regulation 105A, addressing allowances for the widow or widower of a deceased member, is amended to use the term "widow or widower" instead of "widow" (sub-regulation 1). Regulation 121A, relating to allowances in respect of scholarships lost on reposting, is modified by incorporating references to additional regulations (sub-regulation 1). Regulation 122, concerning the education allowance, removes gender-specific references (sub-regulation 2). New regulations (122C to 122G) are added to address allowances for members of different ranks or services who jointly maintain homes for their dependants. The Act imposes several obligations and requirements on the parties governed by it. It mandates the use of gender-neutral terminology in the Regulations, specifically substituting "spouse" for "wife" and "male" in definitions and allowances. It requires members who jointly maintain a home for their dependants to nominate one home as the primary residence for entitlement to allowances. It also imposes obligations on members who are married to another member or to a member of another service (such as the Air Force) to ensure that they comply with the relevant regulations regarding joint home maintenance and allowance entitlements. The Regulations require members to maintain records and documentation to support their claims for allowances, such as evidence of joint home maintenance. The Interim Determination does not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, given that it amends regulations governing financial allowances, it is reasonable to infer that non-compliance with these regulations could result in financial penalties or the withholding of allowances. The determination provides a framework for the administration of allowances and ensures that the Regulations are updated to reflect contemporary gender-neutral terminology. Non-compliance with these updated regulations could lead to administrative or financial repercussions, such as the denial of allowances or the need for financial repayment if an allowance was erroneously claimed.

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