Air Force Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 261

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Air Force Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated 24 February 1981.

KEVIN NEWMAN

Minister of State for Administrative Services for and on behalf of the

Minister of State for Defence

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Education Allowance

1. Regulation 634 of the Air Force Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2a) “be entitled to”;

(b) by omitting from sub-paragraph (b) (i) of sub-regulation (2a) “entitled”;

(c) by omitting from paragraph (a) of sub-regulation (2b) “entitled”;

(d) by omitting from paragraph (a) of sub-regulation (3a) “1435” and substituting “1630”;

(e) by omitting from paragraph (b) of sub-regulation (3a) “610” and substituting “660”;

(f) by omitting from paragraph (b) of sub-regulation (3a) “1715” and substituting “2055”;

(g) by omitting from paragraph (c) of sub-regulation (3a) “800” and substituting “820”;

(h) by omitting from sub-regulation (3b) “115” and substituting “145”;

(i) by omitting from sub-regulation (3b) “1605” and substituting “1725”; and

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(j) by inserting after sub-regulation (6) the following sub-regulation:

“(7) Where, under this regulation, education allowance is payable to a member or has been paid to a member in respect of the attendance during a school term of a child at a secondary school and during that school term—

(a) that child has ceased to reside—

(i) at the secondary school;

(ii) at a guest house, hostel or other commercial boarding establishment; or

(iii) at a place other than a school or boarding house of a kind referred to in paragraph (3a) (a) or (3a) (b)

as the case may be in relation to which the education allowance is or was so payable;

(b) that child has so ceased to reside for—

(i) Service reasons; or

(ii) medical or other reasons of a compassionate nature;

(c) that member was liable to pay and has paid, or is liable to pay, fees or charges in relation, to which education allowance would have been payable under this regulation if the child had so resided; and

(d) that member is not entitled to receive a rebate or a refund of part or all of those fees or charges in respect of that school term or part of that school term,

that child shall, for the purposes of this regulation, be deemed to have attended that, school and to have continued to have resided at the place referred to in sub-paragraph, (a) (i), (a) (ii) or (a) (iii), as the case may be during that school term or that part of that school term to which the fees or charges referred to in paragraph (c) relate.”

Application

2. Education, allowance is payable in accordance with the provisions of regulation 634 of the Air Force Regulations as amended by paragraphs (d), (f), (g) and (i) of clause 1 in respect of the attendance of a child at a secondary school during the year that commenced on 1 January 1980 and during any subsequent year.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 March 1981.

2. Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 22 and see also Statutory Rules 1981 Nos. 22.

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