Naval Forces (Papua New Guinea Division) Regulations (Amendment)

Overview

Statutory Rules 1974 No. 20, made under the Naval Defence Act 1910-1973, were enacted by the Governor-General of Australia, acting with the advice of the Executive Council, to address the need for an adjustment to the special service allowance for members of the Naval Forces (Papua New Guinea Division) as of 1 July 1973. The Regulations were designed to provide a more accurate compensation for the special services rendered by these members. By amending Regulation 15a of the Naval Forces (Papua New Guinea Division) Regulations, these Statutory Rules increased the special service allowance from twenty-five cents to thirty cents, reflecting the current economic conditions and ensuring that the compensation remains fair and reflective of the service provided.

Scope and Application

The Naval Defence Act 1910-1973 provides the legal basis for the Statutory Rules 1974 No. 20, which amend the Naval Forces (Papua New Guinea Division) Regulations. These regulations apply to members of the Australian Defence Force who are serving within the Papua New Guinea Division from 1 July 1973 onwards. The primary change effected by these regulations is the adjustment of the special service allowance from twenty-five cents to thirty cents, payable in accordance with regulation 15a as amended. This adjustment reflects changes in service conditions for personnel involved in this specific division. The regulations themselves do not specify exclusions, exemptions, or thresholds, but rather operate within the broader framework of the Naval Defence Act, which governs the conduct and allowances for naval personnel. The application of these regulations is limited to the Papua New Guinea Division of the Australian Defence Force, indicating a targeted application rather than a national or broader jurisdictional reach.

Key Provisions

The main operative sections of the Statutory Rules 1974 No. 20 are found in regulation 15a of the Naval Forces (Papua New Guinea Division) Regulations. Specifically, the amendment involves altering the amount of special service allowance payable to members of the naval forces. Regulation 15a(1) is amended by removing the phrase “Twenty-five cents” and replacing it with “Thirty cents”. This change increases the allowance rate for the service of a member on or after 1 July 1973 (section 2). The regulations are applied to ensure that the updated allowance is correctly disbursed to eligible members of the naval forces. The regulations impose certain obligations on the relevant parties. The most significant obligation is the requirement for the payment of the amended special service allowance. This obligation falls upon the government or the relevant administrative body responsible for disbursing allowances to members of the naval forces. The updated allowance rate must be applied to all eligible members who have been on service since 1 July 1973, as specified in section 2. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Statutory Rules 1974 No. 20 for breach of these regulations. The focus of the legislation is purely administrative, aimed at adjusting the financial benefits for naval personnel. Any failure to comply with the allowance adjustment would likely be considered an administrative oversight rather than a punishable offence under this particular legislative instrument. However, failure to adhere to the updated allowance rate could potentially lead to legal challenges or claims from affected personnel regarding their entitlements.