Naval Financial Regulations (Amendment)

Legislation au C1970L00060 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1970 No. 60

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1968.

Dated this thirtieth day of April, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations†

Survey party allowance.

1.—(1.) Regulation 120 of the Naval Financial Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the words “Fifty-two cents” and inserting in their stead the words “Ninety-two cents”.

(2.) The rates specified in sub-regulation (2.) of regulation 120 of the Naval Financial Regulations as amended by the last preceding sub-regulation apply to survey party allowance payable in respect of camping out on the eleventh day of September, 1969, or any subsequent day.

Education allowance.

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

(a) by omitting from paragraph (a) of sub-regulation (2a.) the words “One thousand one hundred and fifteen dollars” and inserting in their stead the words “One thousand two hundred and five dollars”; and

(b) by omitting from paragraphs (b) and (c) of that sub-regulation the words “One hundred and sixty-eight dollars thirty-three cents” and inserting in their stead the words “Two hundred and eight dollars thirty-three cents”.

(2.) Education allowance is payable in accordance with regulation 122 of the Naval Financial Regulations as amended by the last preceding sub-regulation in respect of the attendance of a child at a school during a school year that commenced on or after the first day of January, 1970.

(3.) Education allowance is payable in accordance with regulation 122 of the Naval Financial Regulations as amended by paragraph (b) of sub-regulation (1.) of this regulation in respect of the attendance of a child at a school otherwise than as a boarder for a complete school term during the year that commenced on the first day of January, 1969.

(4.) Where a member was in receipt of education allowance in respect of the attendance of his child at a school as a boarder during the year that commenced on the first day of January, 1969, or during a part of that year, the Naval Board

* Notified in the Commonwealth Gazette on 30 April 1970.

† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote to Statutory Rules 1970, No. 12; and see also Statutory Rules 1970, No. 12.

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shall determine the amount that it would have considered reasonable for the purposes of paragraph (a) of sub-regulation (2a.) of regulation 122 of the Naval Financial Regulations in respect of the attendance of the child at a school as a boarder during that year or that part of that year if the amount specified in that paragraph had been One thousand two hundred and five dollars.

(5.) Where a member was in receipt of child education allowance in respect of the attendance of his child at a school otherwise than as a boarder for less than a complete school term during the year that commenced on the first day of January, 1969, the Naval Board shall determine the amount that it would have considered reasonable for the purposes of paragraph (c) of sub-regulation (2a.) of regulation 122 of the Naval Financial Regulations in respect of the attendance of the child at a school otherwise than as a boarder for the part of the school term that the child so attended if the amount specified in that paragraph had been Two hundred and eight dollars thirty-three cents.

(6.) Where the Naval Board determines, in accordance with either of the last two preceding sub-regulations, the amount that it would have considered reasonable in respect of the attendance of a child at 1 school during a period, the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the amount by which the amount so determined is greater than the amount of education allowance paid to him in respect of the attendance of the child at the school during that period.

Transitional.

3. Where a member would have been in receipt of survey party allowance, in respect of the period from and including the first day of July, 1969, to and including the tenth day of September, 1969, or a part of that period, at the rate specified in paragraph (b) of sub-regulation (2.) of regulation 120 of the Naval Financial Regulations as in force immediately before the commencement of these Regulations if that regulation and the first determination made by the Naval Board for the purpose of that regulation had come into force on the first day of July, 1969, the member is, by force of this regulation, entitled to be paid additional survey party allowance in respect of that period or that part of that period at the rate of Forty cents per day.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1970 No. 60, titled "Regulations Under the Naval Defence Act 1910-1968," were enacted to address the need for updated financial regulations concerning allowances for naval personnel, specifically survey party and education allowances. These regulations were made by the Governor-General in accordance with the Federal Executive Council, acting on the advice of the Minister of State for the Navy. The policy objective of these regulations is to ensure that naval personnel receive fair and updated financial support for specific services and educational expenses. By amending the Naval Financial Regulations, these rules aimed to adjust the rates of allowances to better reflect contemporary standards and needs. These amendments were necessary to ensure that naval personnel and their families are adequately compensated for certain services and educational costs, thereby supporting the morale and welfare of the naval force. The regulations specify new rates for survey party allowance and education allowance, effective from particular dates, and also include transitional provisions to address any discrepancies in payment that may arise from the changes. This legislative instrument highlights the ongoing commitment to maintaining appropriate financial support structures within the naval service.

Scope and Application

The Regulations under the Naval Defence Act 1910-1968 apply to members of the Australian Defence Force and their families, primarily focusing on financial allowances related to service and education. These Regulations are applicable throughout the Commonwealth of Australia and pertain to the financial adjustments and allowances for specific periods as outlined in the Naval Financial Regulations. This legislation adjusts the rates for survey party allowances and education allowances for members of the Australian Defence Force, effective from certain dates, ensuring that members receive appropriate financial support based on updated rates. The scope of these Regulations is limited to financial matters, and they do not extend to other areas of service or employment within the Defence Force. The amendments are precise and focus solely on adjusting the financial provisions without introducing new substantive laws or extending the application beyond what is specified.

Key Provisions

The primary operative sections of the Statutory Rules 1970 No. 60 are regulations that amend the Naval Financial Regulations. Regulation 1 amends the survey party allowance rate specified in regulation 120 of the Naval Financial Regulations, increasing the rate from fifty-two cents to ninety-two cents per day, effective from 11 September 1969. Regulation 2 modifies the education allowance rates under regulation 122, increasing the allowance for attending a school for a full school year from one thousand one hundred and fifteen dollars to one thousand two hundred and five dollars, and for attending a school for a complete school term from one hundred and sixty-eight dollars thirty-three cents to two hundred and eight dollars thirty-three cents, effective from 1 January 1970. This regulation also specifies transitional arrangements for education allowances paid for the 1969 school year, requiring the Naval Board to determine reasonable amounts for members who received education allowances for their children attending school as boarders or for less than a complete school term during 1969. Regulation 3 provides for additional survey party allowance for members who would have been entitled to the previous rate from 1 July to 10 September 1969, at forty cents per day for that period. These regulations impose obligations on the Naval Board to determine reasonable amounts for education allowances in specific circumstances as outlined in the regulations. They also require the Naval Board to ensure that the appropriate rates of survey party and education allowances are paid to eligible members based on the amended rates and transitional provisions specified. The Statutory Rules do not explicitly outline offences, penalties, or consequences for breaches. However, any failure to comply with the requirements of these regulations could potentially result in legal action under the broader provisions of the Naval Defence Act 1910-1968 or other relevant legislation. For example, non-compliance with financial regulations might lead to civil or administrative penalties, depending on the specific circumstances and the applicable laws. It is important for the Naval Board and other relevant parties to adhere to these regulations to avoid any potential legal repercussions.

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