Naval Financial Regulations (Amendment)

Overview

Statutory Rules 1980 No. 367 is an interim determination made by the Minister of State for Defence under section 12 of the Defence Amendment Act 1979. The objective of this legislation was to address specific financial regulations concerning the Navy, particularly in relation to transport and travel allowances. This interim determination came into effect on the eighth day of December 1980, and it amended the Naval Financial Regulations to refine the procedures for calculating allowances during travel. Notably, it ensured that travel allowances are appropriately calculated by taking into account travel for which allowances have already been paid, and it also modified the conditions under which mileage allowances apply to travel on leave.

Scope and Application

This Interim Determination, made under section 12 of the Defence Amendment Act 1979 by the Minister of State for Defence, amends the Naval Financial Regulations to modify allowances related to travel and transport for naval personnel. The amendments apply to the members of the Australian Defence Force who are subject to the regulations. The changes are made in response to the Determination 0404, Transport Allowance, which is established under section 58B of the Defence Act 1903. This legislation impacts the financial regulations concerning transport and travel allowances for naval personnel, ensuring that travel allowances are appropriately calculated and paid. The scope of this Interim Determination is limited to the specified amendments within the Naval Financial Regulations and does not extend to other financial regulations or allowances outside the scope of the Defence Act 1903 and its subordinate instruments.

Key Provisions

The main operative sections of the Interim Determination under the Defence Amendment Act 1979 include amendments to the Naval Financial Regulations, which affect transport and mileage allowances for naval personnel. Firstly, section 1 of the determination modifies regulation 196A, adding a sub-regulation that renders it ineffective while Determination 0404, Transport Allowance under the Defence Act 1903 is in force (sub-regulation 196A(12)). Secondly, section 2 repeals regulation 196B and substitutes it with a new regulation that allows for the aggregation of travel when calculating an allowance under regulation 196, considering travel paid under the Transport Allowance as if it were paid under regulation 196 (regulation 196B). Thirdly, section 3 modifies regulation 229, altering the type of motor vehicle eligible for mileage allowance during leave, replacing "his own motor vehicle" with "a motor vehicle owned or hired by him or lent to him" (regulation 229). The obligations and requirements imposed by the Interim Determination primarily concern the calculation of travel allowances for naval personnel. These amendments ensure that transport and mileage allowances are correctly calculated when other allowances are in effect. The new regulation 196B explicitly accounts for travel paid under the Transport Allowance when determining mileage allowance, thereby providing a comprehensive method for calculating travel costs. This ensures that personnel are not overcharged or undercharged for their travel expenses. Additionally, by altering the eligibility criteria for motor vehicles in regulation 229, the determination broadens the types of vehicles that can be considered for mileage reimbursement, offering more flexibility to naval personnel. Breach of the provisions set forth in the Interim Determination could result in civil or administrative penalties, though the specific consequences are not detailed in the text. The determination itself does not explicitly mention offences, penalties, or maximum penalties for non-compliance. However, given the nature of financial regulations, any failure to adhere to the prescribed allowances and calculations could lead to disputes over reimbursement amounts, which might be resolved through administrative review or correction by the relevant authorities. The implications of non-compliance would likely depend on the specific circumstances and the discretion of the authorities overseeing the enforcement of the Naval Financial Regulations.