Statutory Rules
1977 No. 37
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910.*
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 twenty-fourth day of March, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendments of the Naval Financial Regulations†
Allowances payable in respect of authorized journey.
1. Regulation 200 of the Naval Financial Regulations is amended—
(a) by omitting from the table in sub-regulation (1) the figures in columns 2, 3, 4 and 5 and substituting respectively the following figures:—
“ 3.35 | 2.90 | 2.35 | 2.35 |
4.50 | 3.50 | 2.35 | 2.35 |
6.80 | 5.15 | 4.90 | 4.00 ”; |
(b) by omitting from the table in sub-regulation (2) the figures in columns 1, 2, 3 and 4 and substituting respectively the following figures:—
“ 22.50 | 15.10 | 16.70 | 11.55 ”; and |
(c) by omitting from sub-regulation (3) the figures “ 3.50 ” and “ 2.80 ” and substituting respectively the figures “ 3.85 ” and “ 3.10 ”.
Application.
2. (1) The Naval Financial Regulations as amended by these Regulations apply in relation to an authorized journey, or part of an authorized journey, made after 4 August 1976.
(2) In respect of an authorized journey, or part of an authorized journey, made after 4 August 1976 but before 19 January 1977, the amount payable to the member shall be the greater of the following amounts:—
(a) the amount payable to the member under the Naval Financial Regulations as in force before 19 January 1977;
(b) the amount payable to the member under the Naval Financial Regulations as amended by these Regulations.
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* Notified in the Australian Government Gazette on 28 March 1977.
† Statutory Rules 1956, No. 88 as amended to date. For previous amendments of the Naval Financial Regulations see footnote t to Statutory Rules 1977, No. 4 and see also Statutory Rules 1977, No. 4.
Overview
Statutory Rules 1977 No. 37, made under the authority of the Naval Defence Act 1910, was introduced to address the need for updating the Naval Financial Regulations concerning allowances payable for authorized journeys. The regulations were enacted by the Governor-General, John R. Kerr, with the advice of the Federal Executive Council, and came into effect on 24 March 1977. The amendments specified in these regulations were aimed at adjusting the financial allowances for authorised journeys, ensuring they reflect current conditions and needs. The policy objective was to provide clarity and fairness in the financial support provided to members for authorised journeys, updating the figures to better align with the financial realities of the time. These regulations applied to journeys authorised after 4 August 1976, with specific transitional provisions for journeys authorised between that date and 19 January 1977.
Scope and Application
The Regulations made under the Naval Defence Act 1910 primarily affect members of the Australian Defence Force who undertake authorised journeys. These Regulations amend the Naval Financial Regulations, specifically adjusting the allowances payable for authorised journeys. The changes to the regulations apply to journeys undertaken after 4 August 1976, with a transitional provision ensuring that for journeys made between 4 August 1976 and 19 January 1977, the member receives the greater of the old or new allowances. The scope of these Regulations is confined to financial matters concerning authorised journeys of Defence Force personnel, and they do not extend to other areas or entities outside of the Naval Financial Regulations. The application of these Regulations is limited to authorised journeys, and there are no stated exclusions or exemptions within the text provided. The Regulations themselves do not mention any subordinate instruments that might extend or restrict their application.
Key Provisions
The primary operative sections of the Statutory Rules 1977 No. 37 pertain to the amendments of the Naval Financial Regulations, specifically addressing the allowances payable in respect of authorised journeys. Regulation 200 has been amended to update the figures in several columns (Regulation 1(a) and (b)) and to change the figures in sub-regulation (3) (Regulation 1(c)). These changes are effective for authorised journeys made after 4 August 1976, as outlined in Regulation 2(1). For journeys made between 4 August 1976 and 19 January 1977, the member is entitled to the greater of the amounts payable under the previous regulations or the amended regulations (Regulation 2(2)).
The obligations imposed by these regulations primarily concern the updating and payment of allowances for authorised journeys under the Naval Financial Regulations. The regulations require the application of the amended figures to ensure that members receive the correct compensation for their authorised journeys. This involves ensuring that the updated figures are applied correctly and consistently for all eligible journeys, especially those falling within the specified timeframes. The regulations also require that any discrepancies in payments be resolved in favour of the member, ensuring they receive the highest applicable allowance.
Breaches of these regulations could potentially lead to administrative or financial discrepancies, as the correct application of the updated figures is crucial. While the regulations do not explicitly state offences, penalties, or consequences for non-compliance, the implications of such breaches could include incorrect payment to members, leading to financial discrepancies or dissatisfaction. The regulations ensure that any such issues are addressed by stipulating the greater of the applicable allowances, thereby safeguarding the interests of the members.