Naval Financial Regulations (Amendment)

Legislation au C1976L00004 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 4

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1975.*

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1975.

Dated this fourteenth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

 

Amendments of the Naval Financial Regulations†

District Allowance.

1. Regulation 107 of the Naval Financial Regulations is amended—

(a) by inserting before the definition of “ isolated district ” in sub-regulation (1) the following definitions:—

“ ‘ category MS member ’ means a male member who maintains a home for his dependants in which he does not reside;

‘ category O member’ means a member other than a category M member or a category MS member;”;

(b) by adding at the end of sub-regulation (1) the following definitions:—

“ ‘ married member’ means a member who is a category M member or a category MS member;”;

‘ unmarried member’ means a category O member.”;

(c) by omitting sub-regulation (4aa);

(d) by omitting from paragraph (a) of sub-regulation (4ab) the words “, by virtue of a classification effected on or after the twenty-fourth day of February, 1972,”;

 

* Notified in the Australian Government Gazette on 22 January 1976.

† Statutory Rules 1956, No. 88, as amended by Statutory Rules 1957, Nos. 27, 32, 68 and 77; 1958, Nos. 25, 45 and 76; 1959, Nos. 66 and 90; 1960, No, 53; 1961, Nos. 5, 12, 24, 33, 45, 78, 90, 96, 130 and 143; 1962, Nos. 10, 19, 22, 32, 86, 96 and 107; 1963, Nos. 12, 18, 54, 61, 72, 88, 94 and 122; 1964, Nos. 5, 15, 16, 50, 51, 60, 90, 101, 104, 130, 139, 167 and 168; 1965, Nos. 46, 70, 74, 122, 140, 157, 175 and 193; 1966, Nos. 31, 33, 103 and 128; 1967, Nos. 21, 40, 56, 107, 109 and 159; 1968, Nos. 70, 77, 78, 99, 104 and 152; 1969, Nos. 5, 41, 55, 113, 114, 119, 138, 177, 201, 208 and 209; 1970, Nos. 12, 36, 38, 60, 61, 134, 158, 180, 203 and 204; 1971, Nos. 1, 2, 46, 56, 122, 158 and 173; 1972, Nos. 21, 35, 83, 100, 147, 182 and 200; 1973, Nos. 81, 106, 170, 178, 208, 254 and 270; 1974, Nos. 74, 90, 158, 200, 254 and 255; and 1975, Nos. 40 and 142. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93 and 208; 1975, Nos. 34, 149, 163 and 197; and 1976, No. 3).


(e) by omitting from paragraph (a) of sub-regulation (4ab) the words “ (in the next succeeding sub-regulation referred to as the relevant grade in relation to the member) ”;

(f) by omitting from sub-regulation (4ab) the words “ and a condition specified in the next succeeding sub-regulation is fulfilled in relation to the member,”;

(g) by omitting the table in sub-regulation (4ab) and substituting the following table:—

Grade

Category M member or category MS member living out

Category O member living out

Member living in

 

Rate per day

Rate per day

Rate per day

 

$

$

$

I .......................

0.58

0.30

0.21

II .......................

1.04

0.53

0.37

III.......................

1.67

0.90

0.63

IV.......................

2.33

1.34

0.94

V .......................

3.04

1.78

1.25

VI.......................

3.81

2.33

1.63

(h) by omitting sub-regulation (4ac) and substituting the following sub-regulations:—

“ (4ac) Where a member resides, on or after 2 July 1974, in an isolated district, being a district that comprises a locality—

(a) that was, immediately before 2 July 1974, a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations; and

(b) the classification of which for that purpose is lowered on or after that date,

the rate at which district allowance is payable to the member in respect of any period during which he resides in that district on or after that date is whichever is the greater of—

(c) the rate that would have been payable to the member under the provisions of this regulation as in force immediately before that date if those provisions had continued in force; or

(d) the rate that would, but for this sub-regulation, be payable to the member under this regulation as in force from time to time on or after the commencement of this sub-regulation.

“ (4ad) Where a member resides, on or after 2 July 1974, in an isolated district, being a district that comprises a locality that—

(a) was, immediately before 2 July 1974, a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations; and

(b) ceases on or after that date to be classified for the purposes of district allowances under regulation 102 of the Public Service Regulations,


district allowance is payable to the member in respect of any period during which he resides in that district on or after 2 July 1974 and before 22 January 1976 at the rate at which district allowance would have been payable to the member under the provisions of this regulation as in force immediately before 2 July 1974 if those provisions had continued in force.”;

(i) by omitting from sub-regulation (4a) the words “ specified in the applicable, in relation to a member other than a married member ” and substituting the words “ applicable to a category O member who is living out ”; and

(j) by omitting from sub-regulation (4b) the words “ specified in the table in sub-regulation (4aa) or (4ab) of this regulation, whichever is applicable, in relation ” and substituting the word “ applicable ”,

Commencement.

2. The amendments effected by regulation 1 shall be deemed to have come into operation on 2 July 1974.

 

Overview

The Statutory Rules 1976 No. 4, made under the Naval Defence Act 1910-1975, introduces amendments to the Naval Financial Regulations, specifically addressing the district allowance for members of the Australian Defence Force. Enacted by the Administrator of the Government of Australia, with the advice of the Executive Council, these regulations aim to refine the financial support structure for Defence personnel residing in isolated districts. The policy objective of these amendments is to ensure that the financial regulations reflect current classifications and provide adequate support to members based on their living circumstances and the specific districts they reside in. The regulations clarify definitions and rates for allowances, ensuring that members receive appropriate financial support depending on whether they maintain a home for their dependants and their residency status. These amendments were designed to bring the Naval Financial Regulations into alignment with other legislative changes and administrative adjustments, particularly those related to the classification of isolated districts and the financial support for Defence members. The changes are effective from 2 July 1974, underscoring the need for timely updates to maintain the relevance and fairness of financial provisions for Defence personnel.

Scope and Application

The Regulations under the Naval Defence Act 1910-1975, specifically Statutory Rules 1976 No. 4, pertain to the amendment of the Naval Financial Regulations, particularly regarding district allowance for naval members. These Regulations apply to naval members, specifically defining categories such as "category M members" (married members maintaining a home for their dependents where they do not reside), "category MS members" (male members maintaining a home for their dependents in which they do not reside), "married members" (which includes both category M and MS members), and "category O members" (members who are neither category M nor MS members). The changes primarily focus on the financial allowances, including modifications to the rates of allowances based on the members' living situations and grade. The Regulations have a national reach, being applicable across Australia as federal regulations under the authority of the Naval Defence Act 1910-1975. The Regulations also provide for the allowances to be determined based on whether a member resides in an isolated district and whether that district's classification has been altered since 2 July 1974. The amendments came into effect on 2 July 1974, with a formal commencement date of 22 January 1976.

Key Provisions

The key operative sections of these Regulations under the Naval Defence Act 1910-1975 focus on the amendments to the Naval Financial Regulations, particularly concerning district allowance. Regulation 1 introduces several definitions, such as “category MS member,” “category O member,” “married member,” and “unmarried member” (1(a)-(b)). It also removes certain sub-regulations and modifies others to adjust the rates and conditions for district allowances based on different categories of members and their living arrangements (1(c)-(j)). These Regulations impose specific obligations on parties and entities governed by them. For example, they require the classification of members into categories, such as married or unmarried, and category MS members, which impacts the eligibility and rates for district allowances (1(a)-(b)). Additionally, the Regulations mandate that district allowances be calculated based on the rates set out in the new table or the rates applicable immediately before the date of the amendments, whichever is greater, for members residing in certain districts (1(4ac)-(4ad)). Failure to comply with these Regulations may result in civil or criminal consequences. Although the specific offences, penalties, or consequences are not detailed within the provided text, breaches of regulations under the Naval Defence Act 1910-1975 could potentially lead to legal action under the broader legislative framework. The penalties could vary depending on the nature and severity of the breach, and might include fines, imprisonment, or other civil remedies as prescribed by the Act or relevant laws.

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