Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1983 No 260, issued under the authority of the Minister for Defence, amends the Naval Financial Regulations to address a specific issue related to the payment of travelling allowances to military personnel. Enacted to align with section 12 of the Defence Amendment Act 1979, these regulations were introduced to ensure that members of the defence force do not receive duplicate payments for travel costs when transitioning out of service. By preventing the payment of travelling allowance during the termination of service, these amendments respond to the allowance payable for travel on termination of service, as stipulated in Determination 0405 under section 58B of the Defence Act 1903. The policy objective is to maintain the integrity of financial provisions for service members and to avoid overlaps in compensation entitlements.

Scope and Application

The Naval Financial Regulations, as amended by the Statutory Rules 1983 No. 260, apply to members of the Australian Defence Force who are involved in authorised travel activities while on duty, during posting, or at the time of termination of service. The regulations are concerned specifically with the payment of a travelling allowance to these members for journeys undertaken within Australia. These rules are issued under the authority of the Minister for Defence and are effective as statutory rules following the interim determinations made under Section 12 of the Defence Amendment Act 1979. The amendments prevent the payment of a travelling allowance during the termination of service where a member becomes entitled to reimbursement of travel costs under Determination 0405 of the Defence Act 1903. The regulations apply nationally across Australia and are intended to streamline and clarify the financial provisions related to travel for defence force members. The amendments do not introduce any new exclusions, exemptions, or thresholds beyond those already stipulated in the Defence Act 1903 and related determinations.

Key Provisions

The primary sections of these Statutory Rules (C2004L05502) amend regulations 198, 199 and 200 of the Naval Financial Regulations (paragraphs 3 and 4). These sections specifically address the payment of a travelling allowance to a member who undertakes an authorised journey within Australia while on duty, posting, or termination of service. The amendments clarify that members will not receive a travelling allowance during travel at the time of their service termination. This change is due to the member becoming entitled to reimbursement of their travel costs under Determination 0405, which was made under section 58B of the Defence Act 1903. The obligations imposed by these Statutory Rules on the parties or entities governed include the cessation of travelling allowance payments to members during their service termination when they are entitled to reimbursement of travel costs under Determination 0405. This change ensures that members are not double-compensated for travel costs during the termination of their service. The rules require that any payment processes be adjusted to reflect this amendment, ensuring compliance with the new provisions. In terms of consequences for non-compliance, the Statutory Rules do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, any failure to adhere to the amended provisions could potentially lead to incorrect financial transactions and administrative errors, which could have implications for both the members and the Defence organisation. The exact consequences would depend on the specific circumstances and the internal policies of the Defence organisation. Nonetheless, the clear legislative intent is to prevent double compensation, highlighting the importance of accurate and timely compliance with these provisions.