Air Force (War Financial) Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated this twentieth day of February, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
ARTHUR S. DRAKEFORD
Minister of State for Air.
Amendments of the Air Force (War Financial) Regulations.
(
a ) by omitting sub-regulation (2.); and(
b )by omitting from sub-regulation (3.) the words and figures “and sub-regulation (3.) of regulation 68”.
(2.) The amendment effected by paragraph (
(3.) The amendment effected by paragraph (
(
a ) by inserting in sub-regulation (1.), after the definition of “air expeditionary force”, the following definition:—“‘aircraftwoman (minor)’ means a member of the Women’s Auxiliary Australian Air Force, holding the rank of aircraftwoman, who is under the age of twenty-one years and has not completed twelve months’ service;”;
* Notified in the
Statutory Rules 1943, No. 93, as amended by Statutory Rules 1944, No. 134.—Second amendment.
6080.—Price 1s. 6d.
(
b )by omitting from the definition of “airman” in sub-regulation (1.) the word “nurse” and inserting in its stead the words “member of a Women’s Service”;(
c )by inserting in sub-regulation (1.), after the definition of “airman”, the following definition:—“airwoman’ means a member, other than an officer, of the Women’s Auxiliary Australian Air Force;”;
(
d )by inserting in sub-regulation (1.), after the definition of “child”, the following definition:—‘“date of embarkation’ means—
(
a )the date upon which a member embarked on a ship or aircraft for service outside Australia, but shall not be deemed to refer to the embarkation of a member who subsequently disembarked in Australia from that ship or aircraft and did not proceed forthwith in the same or another ship or aircraft for service outside Australia; or(
b ) in the case of a member who, at the time of his appointment, enlistment, transfer or secondment, was not in Australia, the date of his appointment, enlistment, transfer or secondment;”;(
e ) by omitting from sub-regulation (1.) the definition of “de facto wife” and inserting in its stead the following definition:—“‘dependent female’ means, in relation to any member, any woman who, for a period of not less than six months prior to the member’s becoming subject to these Regulations, lived with him as his wife though not legally married to him;”;
(
f ) by omitting from sub-regulation (1.) the definition of “member” and inserting in its stead the following definition:—“‘member’ means—
(
a ) in respect of any period prior to the second day of April, 1942—(i) any person first appointed to or enlisted in the Air Force, or any officer on the Retired List appointed to the Active Force, on or after the sixth day of October, 1939;
(ii) Any person who embarked for service with an air expeditionary force and, at the date of his embarkation, had been appointed to or enlisted in the Air Force and was employed on continuous full-time war service prior to the sixth day of October, 1939, and who is serving overseas with that air expeditionary force;
(iii) any member of the Citizen Air Force who has been called up for continuous full-time war service for the duration of the war, or
(iv) any nurse who is employed on continuous full-time duty; and
(
b )in respect of any period after the first day of April, 1942, any person, appointed to or enlisted in the Air Force and employed on continuous full-time service;”;(
g )by inserting at the end of the definition of “officer” in sub-regulation (1.) the words “or of the Air Force (Women’s Services) Regulations”;(
h ) by inserting in sub-regulation (1.), after the definition of “officer”, the following definition:—‘“pay’ includes active pay and, unless otherwise prescribed, deferred pay;”;
(
i ) by omitting from the definition of “pay allowances” in sub-regulation (1.) the words and figures “regulation 12 of these Regulations” and inserting in their stead the words and figures “sub-regulation (8.) of regulation 7 and under regulations 12 and 12a of these Regulations”;(
j ) by omitting the definition of “prescribed authority” in sub-regulation (1.) and inserting in its stead the following definition:—‘“prescribed authority’ means the Minister, the Air Board, the Chief Finance Officer, the Assistant Chief Finance Officer, the Accountant (Pay), any Area Finance Officer, any Assistant Area Finance Officer or any person whom the Minister or the Air Board appoints to be a prescribed authority;”;
(
k ) by omitting from the definition of “standard rate” in sub-regulation (1.) paragraph (b )and inserting in its stead the following paragraph:—“(
b ) in respect of any period after the fifth day of November, 1941—(i) in the case of an officer other than an officer of a Women’s Service, a total rate of five shillings and sixpence per day;
(ii) in the case of a matron-in-chief, a principal matron, a matron or an officer of the Women’s Auxiliary Australian Air Force of or above the rank of squadron officer, a total rate of five shillings and four pence per day;
(iii) in the case of an airman, a total rate of three shillings and sixpence per day;
(iv) in the case of a senior sister, a sister, a staff masseuse, an officer of the Women’s Auxiliary Australian Air Force below the rank of squadron
officer, an under officer or non-commissioned officer of the Women’s Auxiliary Australian Air Force or an aircraftwoman mustered in Group I., Group II., or Group III., not being an aircraftwoman (minor), a total rate of three shillings and four pence per day; or
(v) in the case of an aircraftwoman mustered in Group IV. or Group V., or of an aircraftwoman (minor), a total rate of two shillings and four pence per day;”;
(
l )by inserting in sub-regulation (1.), after the definition of “the Act”, the following definition:—‘“Women’s Service’ means one of the services constituted under the Air Force (Women’s Services) Regulations”; and
(
m) by omitting sub-regulation (2.).
(2.)
The amendments effected by paragraphs (
(3.)
The amendment effected by paragraph (
(4.)
The amendment effected by paragraph (
(
a ) by omitting from the proviso to sub-regulation (1.) the words “the period of his continuous full-time war service” and inserting in their stead the words “any period of continuous full-time war service prior to the second day of April, 1942”; and(
b )by adding at the end thereof the following sub-regulation:—“(3.) Regulations 547, 552, 553, 554, 554a, 555, 555a, 556, 557 to 559 (both inclusive), 572 to 577 (both inclusive), 593, 601, 603, 610, 612 to 615 (both inclusive), 619, 633 to 645 (both inclusive), 647, 650 to 653 (both inclusive), 655, 668, 668a, 669 to 672 (both inclusive), 675, 677, 678 and 680 of the Air Force Regulations shall be deemed not to apply to, or in relation to, a member:
Provided that this sub-regulation shall not apply during any period prior to the second day of April, 1942, to a member of the Citizen Air Force who is receiving pay and allowances under the Air Force Regulations in accordance with the proviso to sub-regulation (1.) of this regulation, or to a member of the class specified in sub-paragraph (ii) of paragraph (
a ) of the definition of ‘member’ in sub-regulation (1.) of regulation 4 of these Regulations.”.
(2.) The amendment effected by paragraph (
(3.) The amendment effected by paragraph (
“7.—(1.) Subject to these Regulations, the daily rate of pay of a member other than a member of a Women’s Service, in respect of his service up to and including the day before the date on which he becomes entitled to the credit of deferred pay in accordance with sub-regulation (1.) or (2.) of regulation 8 of these Regulations, shall be—
(
a ) during the period up to and including the fifth day of November, 1941, the rate specified in column 2 of the First Schedule to these Regulations;(
b ) after the fifth day of November, 1941, the rate specified in column 3 of that Schedule;(
c ) after the twelfth day of August, 1942, the rate specified in column 4 of that Schedule; and(
d )after the twenty-eighth day of September, 1942, the rate specified in column 5 of that Schedule,
opposite to the designation of his branch or group and rank in column 1 of that Schedule.
(2.) Subject to these Regulations, the daily rate of active pay of a member other than a member of a Women’s Service, in respect of his service on and after the date on which he becomes entitled to the credit of deferred pay in accordance with sub-regulation (1.) or (2.) of regulation 8 of these Regulations, shall be—
(
a )during the period up to and including the fifth day of November, 1941, the rate specified in column 6 of the First Schedule to these Regulations;(
b ) after the fifth day of November, 1941, the rate specified in column 7 of that Schedule;(
c ) after the twelfth day of August, 1942, the rate specified in column 8 of that Schedule; and(
d )after the twenty-eighth day of September, 1942, the rate specified in column 9 of that Schedule,
opposite to the designation of his branch or group and rank in column 1 of the Schedule.
(3.) Subject to these Regulations, the daily rate of pay of an officer of the Royal Australian Air Force Nursing Service, in respect of her service up to and including the day before the date on which she becomes entitled to the credit of deferred pay in accordance with sub-regulation (1.) or (2.) of regulation 8 of these Regulations, shall be—
(
a ) during the period up to and including the fifth day of November, 1941, the rate specified in column 2 of the Second Schedule to these Regulations;(
b )after the fifth day of November, 1941, the rate specified in column 3 of that Schedule;(
c ) after the first day of April, 1942, the rate specified in column 4 of that Schedule;(
d )after the twenty-eighth day of July, 1942, the rate specified in column 5 of that Schedule,(
e ) after the twelfth day of August, 1942, the rate specified in column 6 of that Schedule; and(
f ) after the twenty-fifth day of February, 1943, the rate specified in column 7 of that Schedule,
opposite to the designation of her rank and group in column 1 of that Schedule.
(4.) Subject to these Regulations, the daily rate of active pay of an officer of the Royal Australian Air Force Nursing Service, in respect of her service on and after the date on which she becomes entitled to the credit of deferred pay in accordance with sub-regulation (1.) or (2.) of regulation 8 of these Regulations, shall be—
(
a ) after the sixth day of December, 1941, the rate specified in column 8 of the Second Schedule to these Regulations;(
b ) after the first day of April, 1942, the rate specified in column 9 of that Schedule;(
c ) after the twenty-eighth day of July, 1942, the rate specified in column 10 of that Schedule;(
d ) after the twelfth day of August, 1942, the rate specified in column 11 of that Schedule; and(
e ) after the twenty-fifth day of February, 1943, the rate specified in column 12 of that Schedule,
opposite to the designation of her rank and group in column 1 of that Schedule.
(5.) Subject to these Regulations, the daily rate of pay of a member of the Women’s Auxiliary Australian Air Force, in respect of her service up to and including the day before the date on which she becomes entitled to the credit of deferred pay in accordance with sub-regulation (1.) or (2.) of regulation 8 of these Regulations, shall be the rate specified in column 2 of the Third Schedule to these Regulations opposite to the designation of her group and rank in column 1 of that Schedule.
(6.) Subject to these Regulations, the daily rate of active pay of a member of the Women’s Auxiliary Australian Air Force, in respect of her service on and after the date on which she becomes entitled to the credit of deferred pay in accordance with sub-regulation (1.) or (2.) of regulation 8 of these Regulations, shall be the rate specified in column 3 of the Third Schedule to these Regulations opposite to the designation of her group and rank in column 1 of that Schedule.
(7.) For the purposes of this regulation, the Minister shall determine the group within which any particular mustering shall be classified.
(8.) In any case in which, as a result of the transfer of a particular mustering from one group to another, a member’s rate of active pay is reduced, the Minister may, with the concurrence of the Treasurer, approve of payment of a special allowance to the member at a daily rate not exceeding the difference between the daily rate of active pay provided for the member’s group and rank before the transfer, and that provided for his group and rank after the transfer.”.
(2.) Sub-regulations (1.), (2.), (3.) and (4.) of regulation 7, inserted by sub-regulation (1.) of this regulation, shall be deemed to have come into operation on the sixth day of October, 1939.
(3.) Sub-regulations (5.) and (6.) of regulation 7, inserted by sub-regulation (1.) of this regulation, shall be deemed to have come into operation on the twenty-fourth day of March, 1943.
(4.) Sub-regulation (8.) of regulation 7, inserted by sub-regulation (1.) of this regulation, shall be deemed to have come into operation on the twenty-ninth day of September, 1942.
“8.—(1.) Subject to these Regulations, a member shall be credited with deferred pay at the rate prescribed by sub-regulation (3.) of this regulation, in respect of each day of his service on and after—
(
a ) the date of his embarkation;(
b )the day after the date on which he completed six months’ paid service;(
c ) the seventh day of December, 1941, if the member departed for service in the Territory of Papua or the Mandated Territory of New Guinea prior to that date; or(
d )the date of his departure for service in the Territory of Papua or the Mandated Territory of New Guinea, if the member departed for such service on or after the seventh day of December, 1941,
whichever first occurs:
Provided that, in the case of—
(i) a member who has not embarked for service outside Australia; or
(ii) a member of a Women’s Service,
deferred pay shall not be credited under this sub-regulation in respect of any period prior to the seventh day of December, 1941.
(2.) Notwithstanding anything contained in sub-regulation (1.) of this regulation, a member who, prior to his appointment to or enlistment in the Royal Australian Air Force, has served in another part of the Defence Force during any period after the second day of September, 1939, and who has qualified for the credit of deferred pay under the regulations governing that part of the Defence Force in which he served, shall be credited with deferred pay at the rate prescribed by sub-regulation (3.) of this regulation in respect of his service on and after the date of his appointment to or enlistment in the Royal Australian Air Force:
Provided that, for the purposes of this sub-regulation ‘deferred pay’ shall be deemed not to include deferred pay credited to members of the Citizen Military Forces or of the Permanent Military Forces appointed on or after the sixth day of October, 1939, at the rate of one shilling per day in respect of service at operational stations.
(3.) The daily rate of deferred pay to be credited to a member in accordance with sub-regulations (1.) and (2.) of this regulation shall be—
(
a ) in the case of a member other than a member of a Women’s Service, the rate specified in column 10 of the First Schedule to these Regulations opposite to the designation of his branch or group and rank in column 1 of that Schedule;(
b )in the case of a nurse, the rate specified in column 13 of the Second Schedule to these Regulations opposite to the designation of her group and rank in column 1 of that Schedule; and(
c ) in the case of a member of the Women’s Auxiliary Australian Air Force, the rate specified in column 4 of the Third Schedule to these Regulations opposite to the designation of her group and rank in column 1 of that Schedule.
(4.) Subject to these Regulations, a member shall be credited with deferred pay at the rate of one shilling per day, in respect of any period after the fifth day of November, 1941, during which he—
(
a ) was not entitled to the credit of deferred pay under sub-regulation (1.) or (2.) of this regulation; and(b) was serving at an operational station:
Provided that deferred pay shall not be credited under this sub-regulation in respect of any period after the first day of April, 1942, unless the member concerned was entitled to the credit of deferred pay under this sub-regulation on the first day of April, 1942, and served continuously at an operational station thereafter.
(5.) The Minister may, by writing under his hand, declare any place to be or to have been an ‘operational station’ for the purposes of sub-regulation (4.) of this regulation.
(6.) For the purposes of sub-regulation (1.) of this regulation, ‘paid service’ shall include any full-time service rendered—
(
a ) after the second day of September, 1939, in the Royal Australian Navy or the Australian Imperial Force;(
b ) after the second day of September, 1939, in the Royal Air Force as an officer holding a short service commission;(
c ) after the seventh day of June, 1941, in the Australian Military Forces or the Royal Australian Air Force;(
d ) after the seventh day of June, 1941, in one or more of the organizations, known prior to the twenty-fourth day of March, 1943, as—(i) the Royal Australian Naval Nursing Service;
(ii) the Women’s Royal Australian Naval Service;
(iii) the Australian Army Nursing Service;
(iv) the Australian Women’s Army Service;
(v) the Australian Army Medical Women’s Service;
(vi) the Royal Australian Air Force Nursing Service; or
(vii) the Women’s Auxiliary Australian Air Force,
but shall not include any period during which the member was serving as a member of the Australian Military Forces at a periodical military training camp, unless that service was rendered after the seventh day of June, 1941, and was followed immediately by a period of continuous full-time service.
(7.) Deferred pay shall not be payable in respect of any day for which a member is granted leave without pay.
(8.) Deferred pay shall be forfeited for any day for which a member’s active pay is forfeited, except in the case of a forfeiture under regulation 25 of these Regulations, in which case one-third of his daily rate of deferred pay shall be forfeited for each day of the period of that forfeiture.
(9.) Interest at the prescribed rate shall be credited to the account of a member at the end of the second and each subsequent year after the date on which deferred pay commenced to accrue to his credit on the amount of deferred pay accumulated to his credit at the end of the previous year. Interest credited to a member’s deferred pay account shall be considered as part of his accumulated deferred pay and shall bear interest accordingly.
(10.) When deferred pay becomes payable in accordance with the next succeeding sub-regulation, interest on the amount of accumulated deferred pay of the member at the end of the last completed year after the date on which deferred pay commenced to accrue to his credit shall be allowed for the period from the end of that year to the date upon which his pay ceases in accordance with these Regulations:
Provided that, in the case of a member who is transferred to the Reserve, interest may be allowed up to the date upon which his services are terminated or upon which, under the second proviso to the next succeeding sub-regulation, his accumulated deferred pay and interest is paid, whichever first occurs.
(11.) The deferred pay accumulated to a member’s credit, and interest thereon, shall become payable upon the termination of his service, but shall be subject to a deduction of any amount standing to his debit in his pay account:
Provided that, in the case of a member included in the
class specified in sub-paragraph (ii) of paragraph (
Provided also that, under such conditions of the Air Board approves, all or portion of the deferred pay and interest which has accrued to a member’s credit may be paid on his being transferred to the Reserve:
Provided also that, in the case of a member whose service is terminated to enable him to be appointed to or enlisted in another part of the Defence Force, his deferred pay together with any accrued interest shall be transferred to that part of the Defence Force in which he is then appointed or enlisted:
Provided also that the discharge of an airman or airwoman for the purpose of appointment to a commission shall not be deemed to be termination of service for the purposes of this regulation.
(12.) The prescribed rate of interest for the purpose of this regulation shall be—
(
a )for the period prior to the first day of January, 1941, three and one-half per centum per annum;(
b ) for the period from and including the first day of January, 1941, to and including the thirty-first day of December, 1943, three per centum per annum; and(
c ) for any period after the thirty-first day of December, 1943, such rate as is from time to time fixed by the Treasurer by notice in theGazette. ”.
(2.) This regulation shall be deemed to have come into operation on the sixth day of October, 1939.
”8a. Notwithstanding anything contained in these Regulations, an officer of or above the rank of flight lieutenant, senior sister or flight officer who, as a result of the retrospective operation of the provisions of sub-regulation (1.) of regulation 8 of these Regulations, becomes eligible on a particular date for the credit of deferred pay with effect from an earlier date may, during the period on and from the date on which deferred pay would but for this regulation have been credited to him up to and including the day prior to the date on which his daily rate of active pay is reduced to provide for the full credit of deferred pay in accordance with regulations 7 and 8 of these Regulations—
(
a )be paid the daily rate of active pay applicable in accordance with the provisions of regulation 7 of these Regulations to an officer of his branch and rank prior to the date on which deferred pay commences to accrue to him, and(
b ) be credited with deferred pay at the rate of one shilling per day,
and deferred pay under sub-regulation (1.) of regulation 8 of these Regulations shall not be credited for any day in respect of which deferred pay is credited under this regulation.”.
(2.) This regulation shall be deemed to have come into operation on the sixth day of October, 1939.
“(
b ) the rate of pay specified in column 2 of the First Schedule to these Regulations opposite to the designation “Group V.—Aircraftman, Class II.” in column 1 of that Schedule shall be payable in respect of service during the period on and from the thirteenth day of May, 1940, up to and including the fifth day of November, 1941.”
(2.) This regulation shall be deemed to have come into operation on the sixth day of October, 1939.
(
a ) by omitting from the definition of “permanent force rate” in sub-regulation (1.) sub-paragraphs (i), (ii) and (iii) of paragraph (a ) and inserting in their stead the following sub-paragraphs:—“(i) his daily rate of active pay;
(ii) his daily rate of continuous crew pay (if any) and air gunner’s pay (if any);
(iii) the amount of the difference between the daily rate for a married member and the daily rate for a single member of lodging, fuel and light allowance (in the case of a married member); and
(iv) his daily rate of separation allowance (in the case of a married airman),”;
(
b )by omitting from the proviso to that definition the words “at any time after the date mentioned in this definition” and inserting in their stead the words and figures “ at any time prior to the second day of April, 1942”;(
c ) by omitting from sub-regulation (2.) the word and letter “paragraph (b )”and inserting in their stead the words, figures and letter “sub-paragraph (ii) of paragraph (a )”;(
d )by omitting sub-regulations (4.) and (5.) and inserting in their stead the following sub-regulations:—“(4.) Subject to sub-regulation (5.) of this regulation, if at any date after the date of his embarkation, a member’s air expeditionary force rate equals or exceeds his permanent force rate, he shall from that date, cease to be eligible for any allowance payable under sub-regulation (3.) of this regulation.
(5.) If the air expeditionary force rate of a member who is not in receipt of an allowance under sub-regulation (3.) of this regulation, is reduced either—
(
a ) by a reversion in rank for other than disciplinary reasons; or(
b ) by a reduction in the total amount of dependents allowance payable in respect of the member,or by both, he may from that date be paid an allowance at a daily rate equal to the amount (if any) by which his air expeditionary force rate as so reduced is less than the amount, not exceeding his actual permanent force rate, which would have been his permanent force rate if the reduction had been effected immediately prior to the date of his embarkation.”; and
(
e ) by inserting in sub-regulation (6.), after the figure “(3.)”, the word and figure “or (5.)”.
(2.)
The amendments effected by paragraphs (
(3.)
The amendment effected by paragraph (
“12a.—(1.) For the purposes of this regulation ‘W.F.R. rate’ means, in relation to a member to whom this regulation applies, the total amount of—
(
a )his daily rate of pay payable under these Regulations;(
b ) the daily rate of continuous crew pay (if any) payable to him under these Regulations;(
c ) the daily rate of special allowance (if any) payable to him under regulation 20 of these Regulations;(
d ) the daily rate of dependents allowance (if any) payable in respect of the member under these Regulations; and(
e ) eight pence per day, except in the case of a member who is occupying single quarters,
less, in the case of a member who is occupying married quarters, the amount of the deduction made in accordance with sub-regulation (6.) of regulation 68 of these Regulations.
(2.) For the purposes of this regulation ‘permanent force rate’ means, in relation to a member to whom this regulation applies—
(
a ) if, immediately prior to his becoming subject to this regulation, he was in receipt of a daily rate of pay, the total amount of—(i) the daily rate of active pay;
(ii) the daily rate of continuous crew pay (if any) and of air gunner’s pay (if any);
(iii) one three hundred and sixty-fifth part of the annual rate of district allowance (if any); and
(1) a member who was not supplied with quarters, the daily rate of lodging, fuel and light allowance; or
(2) a married member who was occupying single quarters, the difference between the daily rate for a married member and the daily rate for a single member of lodging, fuel and light allowance, and the daily rate of separation allowance (if any); or
(3) a married officer who was occupying married quarters, the daily rate of fuel and light allowance; or
(4) a married airman who is occupying married quarters, an amount equal to one-third of the daily rate of lodging, fuel and light allowance,
payable to him under the Air Force Regulations at the date immediately prior to—
(a) in the case of a member included in the class specified in sub-paragraph (ii) of paragraph (
a ) of the definition of ‘member’ in sub-regulation (1.) of regulation 4 of these Regulations who returned to Australia after the first day of April, 1942, the date of his embarkation from Australia; or(b) in the case of any other member, the second day of April, 1942; or
(
b ) if, immediately prior to his becoming subject to this regulation, he was in receipt of an annual rate of consolidated pay and allowances, an amount equal to one three hundred and sixty-fifth part of the consolidated pay and allowances(including district allowance, if any) payable to him under the Air Force Regulations at the date immediately prior to—
(a) in the case of a member included in the class specified in sub-paragraph (ii) of paragraph (
a ) of the definition of ‘member’, in sub-regulation (1.) of regulation 4 of these Regulations who returned to Australia after the first day of April, 1942, the date of his embarkation from Australia; or(b) in the case of any other member, the second day of April, 1942,
less the total amount of—
(i) one shilling and nine pence per day; and
(ii) in the case of a member who was occupying—
(1) single quarters, eight pence per day; or
(2) married quarters, an amount equal to one three hundred and sixty-fifth part of ten per centum of his annual rate of consolidated pay and allowances (excluding district allowance):
Provided that, if, in the case of a member included in
the class specified in sub-paragraph (ii) of paragraph (
Provided further that, on and after the ninth day of
July, 1943, the permanent force rate of a member shall be deemed to be reduced
by the daily rate of the member’s contribution under the
(3.) This regulation shall be deemed to have applied on and after the second day of April, 1942, to any member who was appointed and employed on continuous full-time war service prior to the sixth day of October, 1939, and any reference to a member in this regulation shall be read as a reference to such a member:
Provided that this regulation shall not apply to a
member of the class specified in sub-paragraph (ii) of paragraph (
(4.) Subject to this regulation, a member’s pay and allowances shall be at the rates specified in these Regulations, but if his permanent force rate exceeds his W.F.R. rate, he shall be paid, in addition, an allowance at a daily rate equal to the difference.
(5.) Subject to sub-regulations (6.) and (7.) of this
regulation, if at a date after the date indicated in sub-paragraph (a) or (b),
as the case may be, of paragraph (
(6.) If the W.F.R. rate of a member who is not in receipt of an allowance under sub-regulation (4.) of this regulation is reduced either—
(
a ) by a reversion in rank for other than disciplinary reasons; or(
b ) by a reduction in the total amount of dependants allowance payable in respect of the member,
or by
both, he may from that date be paid an allowance at a daily rate equal to an amount
(if any) by which his W.F.R. rate as so reduced is less than the amount, not
exceeding his actual permanent force rate, which would have been his permanent
force rate if the reduction had been effected immediately prior to the date
indicated in sub-paragraph (a) or (b), as the case may be of paragraph (
(7.)
If a member who, at the date immediately prior to the date indicated in
sub-paragraph (a) or (b), as the case may be of paragraph (
(
a )not provided with quarters, subsequently—(i) occupies single quarters, or
(ii) occupies married quarters; or
(
b ) provided with single quarters, subsequently—(i) occupies married quarters, or
(ii) ceases to occupy quarters; or
(
c ) provided with married quarters, subsequently—(i) ceases to occupy quarters, or
(ii) occupies single quarters,
he shall
from the date of the change be paid an allowance at a rate equal to that which
he would have received had the change occurred immediately prior to the date
indicated in sub-paragraph (a) or (b), as the case may be, of paragraph (
Provided that the amount of the allowance payable under this sub-regulation shall in no case exceed the daily rate of allowance of which the member was in receipt under this regulation at the date immediately prior to that on which the change referred to in this sub-regulation occurred.
(8.) Except where otherwise directed by the Air Board, a member who is—
(
a ) in the case of an officer, transferred to another Branch; or(
b ) in the case of an airman, remustered to another mustering, whether in the same, a higher or a lower trade-group,
shall, on and from the date of that transfer or remustering, cease to be eligible for an allowance under this regulation.
(9.) Notwithstanding anything contained in these Regulations, a member to whom this regulation applies who holds the rank of air commodore or any higher rank, and who is not included in the class
specified
in sub-paragraph (ii) of paragraph (
(
a ) shall not be credited with deferred pay under regulation 8 of these Regulations in respect of any day prior to the ninth day of July, 1942; and(
b ) shall be paid in respect of any day prior to the ninth day of July, 1942, an amount equal to the daily rate of deferred pay which would, but for this sub-regulation, have accrued to his credit in accordance with regulation 8 of these Regulations.
(10.) If a member becomes entitled to the payment of exchange allowance in accordance with regulation 21 of these Regulations, he may be paid an additional exchange allowance at a daily rate equal to twenty-five per centum of two-fifths of the amount of any allowance payable to him under sub-regulation (4.), (6.) or (7.) of this regulation.”
(2.) This regulation shall be deemed to have come into operation on the second day of April 1942.
“Provided that the Air Board may authorize the payment of pay and allowances at the rates prescribed by these Regulations—
(
a ) for the rank of squadron leader in the Administrative and Special Duties Branch—in the case of a chaplain holding an appointment classified higher than the 4th Class under regulation 51 of the Air Force Regulations; or(
b ) for the rank of wing commander in the Administrative and Special Duties Branch—in the case of a staff chaplain holding an appointment of the 1st Class under regulation 51 of the Air Force Regulations,”.
(2.) This amendment shall be deemed to have come into operation on the first day of February 1945.
“18.—(1.) A member who is serving outside Australia shall be paid field allowance at the rate of—
(
a ) in the case of an officer other than an officer of a Women’s Service—three shillings per day;(
b )in the case of a nurse—one shilling and sixpence per day;(
c ) in the case of a warrant officer (not being a member of a Women’s Service)—one shilling per day.
(2.) For the purposes of this regulation the period of a member’s service outside Australia shall be deemed to commence on the date of his embarkation and to cease on the day prior to the date of his disembarkation on return to Australia.”.
(2.) This regulation shall be deemed to have come into operation on the fifteenth day of May, 1941.
“19.—(1.) Subject to such conditions as are approved by the Air Board, an airman may be paid for each day on which he is—
(
a )mustered in an aircrew mustering, or(
b )allocated as a member of an aircraft crew,
an allowance at the rate specified in column 3 of the Fourth Schedule to these Regulations opposite to—
(
c ) the specification in column 1 of that schedule of the period within which that day falls, and(
d ) the designation in column 2 of that schedule of the mustering or allocation concerned:
Provided that an airman who was mustered as a wireless-operator air-gunner or as an air gunner shall not, in respect of any period prior to the ninth day of August, 1941, be paid an allowance under this sub-regulation, unless he was trained under the Empire Air Training Scheme:
Provided further that an airman who was mustered as a wireless air observer, wireless-operator air-gunner or air gunner shall not, in respect of the period which commenced on the ninth day of August, 1941, and ended on the thirteenth day of March, 1942, be paid an allowance under this sub-regulation unless either—
(i) he was trained under the Empire Air Training Scheme; or
(ii) not being trained under the Empire Air Training Scheme, he was, while so mustered, allocated as a member of an aircraft crew in an operational or a flying boat unit.
(2.) For the purposes of this regulation, ‘operational unit’ shall include such units as are so designated by the Air Board.
(3.) Subject to such conditions as are approved by the Air Board, an airman, not in receipt of an allowance under sub-regulation (1.) of this regulation, who is employed on flying duties as a member of an aircraft crew, may be paid an allowance of two shillings per day in respect of each day’s service upon which he is so employed.”.
(2.) This regulation shall be deemed to have come into operation on the thirteenth day of May, 1940.
(
a ) inserting after the words “including the” the words “day prior to the”; and(
b ) omitting the word “Second” and inserting in its stead the word “Fifth”.
(2.) This regulation shall be deemed to have come into operation on the sixth day of October, 1939.
(
a ) inserting, after the words “date of” (first occurring), the word “his”; and(
b )inserting after the words “including the” the words “day prior to the”.
(2.) This regulation shall be deemed to have come into operation on the sixth day of October, 1939.
(2.) The amendment effected by this regulation shall be deemed to have come into operation on and from the seventh day of December, 1941.
“24a. Subject to such conditions as are approved by the Air Board, there may be deducted from any pay or allowances accrued or accruing under these Regulations to a member who, previously to his service as a member, served for any period subsequent to the sixth day of October, 1939—
(
a ) in the Royal Australian Air Force under a previous appointment or enlistment; or(
b )in any other part of the Defence Force,
such sum or sums as could legally have been deducted from his pay had he continued in that prior service”.
“25.—(1.) Subject to sub-regulation (2.) of this regulation, a member shall forfeit one-third of his daily rate of pay and pay allowances for each day during which he is absent from duty suffering from acquired venereal disease.
(2.) No forfeiture under the last preceding sub-regulation shall be made in the case of a member—
(
a ) on the first occasion after the thirty-first day of January, 1944, upon which he is so absent—for a period not exceeding thirty-five days;(
b ) on any subsequent occasion on which he is so absent, unless that absence is occasioned by a subsequent re-infection acquired after the contraction of the disease which necessitated the absence referred to in paragraph (a ) of this sub-regulation—(i) for the period of that absence; or
(ii) for such part of that absence as will, when added to any previous period or periods after the thirty-first day of January, 1944, during which he was absent suffering from the disease, equal thirty-five days,
whichever is the lesser;
(
c ) who acquired the disease while acting in the course of his duty; or(
d ) who is suffering from the disease, if the disease is congenital.”
(2.) This regulation shall be deemed to have come into operation on the first day of February, 1944.
(2.) This amendment shall be deemed to have come into operation on the seventh day of December 1941.
“(1.) Subject to these Regulations, pay and pay allowances shall not be credited to the account of a member in respect of any day after—
(
a ) the day of his discharge or the termination of his service;(
b )the day of his death; or(
c ) the day of his being reported missing,
as the case may be:
Provided that, where a member who has been reported as
dead or missing is subsequently found to be alive, he may be credited with pay
and pay allowances as from the day on which his pay ceased, subject in the case
of a member reported as dead to a deduction of the amount of any pension on
allowance paid under the provisions of the
“(1a.) Where a member who has made an allotment of pay to or for the benefit of any person approved by a prescribed authority purports to cancel or reduce, or requests the cancellation or reduction of, the allotment, payment of the allotment may, subject to any direction of the Minister, be continued to that person unless and until a prescribed authority is satisfied that sufficient reason exists for the cancellation or reduction of the allotment.”
“34.—(1.) Subject to these Regulations, where a member has one or more persons wholly or partly dependent upon him, dependants allowance may be paid at such a rate as a prescribed authority directs, but not exceeding—
(
a ) in respect of any period prior to the twenty-eighth day of November, 1940, the daily rate specified in column 2 of the following table;(
b )in respect of any period after the twenty-seventh day of November, 1940, the daily rate specified in column 3 of the table;(
c ) in respect of any period after the nineteenth day of December, 1940, the daily rate specified in column 4 of the table;(
d )in respect of any period after the fifth day of November, 1941, the daily rate specified in column 5 of the table; or(
e ) in respect of any period after the twelfth day of August, 1942, the daily rate specified in column 6 of the table,
opposite to the specification of the number of persons dependent upon the member in column 1 of the table:
Provided that the maximum rate of dependants allowance prescribed by this regulation may be increased by sixpence per day in respect of any period after the twenty-fourth day of September, 1941, up to and including the fifth day of November, 1941, in any case where the dependant is the wife of a member without children.
TABLE OF MAXIMUM RATES OF DEPENDANTS ALLOWANCE.
Dependent of the Member. | Rate per Day. | |||||||||
Prior to 28th November, 1940. | After 27th November, 1940. | After 19th December, 1940. | After 5th November, 1941. | After 12th August, 1942 | ||||||
(Column 1.) | (Column 2.) | (Column 3.) | (Column 4.) | (Column 5.) | (Column 6.) | |||||
One full dependant............. | 3 | 0 | 3 | 0 | 3 | 0 | 3 | 6 | 4 | 6 |
Two full dependants........... | 4 | 0 | 4 | 6 | 5 | 6* | 6 | 0 | 7 | 6 |
Three full dependants......... | 5 | 0 | 6 | 0 | 7 | 0 | 8 | 0 | 9 | 6 |
Four full dependants........... | 6 | 0 | 7 | 6 | 8 | 6 | 9 | 6 | 11 | 0 |
| ||||||||||
1 | 0 | 1 | 6 | 1 | 6 | 1 | 6 | 1 | 6 | |
* Includes 1s. per day domestic allowance.
(2.) Notwithstanding anything contained in sub-regulation (1.) of this regulation, dependants allowance shall not be paid for any day prior to the twenty-fourth day of November, 1943, in respect of a dependant of a member of the Women’s Auxiliary Australian Air Force—
(
a ) who was not at the time wholly dependent upon the member; or(
b )who was dependent in any degree upon the member at the date of the member’s appointment or enlistment.”.
(2.) This regulation shall be deemed to have come into operation on the thirteenth day of August, 1942.
“35.—(1.) Except as provided in sub-regulations (2.) and (3.) of this regulation, in sub-regulation (11.) of regulation 36 and in regulation 40 of these Regulations, payment of dependants allowance shall not be made unless the member makes from his pay an allotment or allotments of or totaling not less than the standard rate for the benefit of the dependant or dependants concerned and in such proportions as a prescribed authority approves.
(2.) Where a member marries and makes an allotment at not less than the standard rate commencing from a date subsequent to the date of his marriage, dependants allowance may be paid for such period prior to the date of commencement of the allotment as the prescribed authority considers justified in the circumstances of the case:
Provided that the period shall not commence prior to the date of marriage and shall not in any case exceed three months.
(3.) Where a claim for dependants allowance is made by or on behalf of a dependant of a member who has not made an allotment of or above the standard rate, and an allotment of or above the standard rate is subsequently made, dependants allowance may be paid for such period prior to the date of commencement of that allotment as the prescribed authority considers justified in the circumstances of the case:
Provided that the period shall not commence prior to the date on which the claim for dependants allowance was made to the prescribed authority and shall not in any case exceed three months.
(4.) For the purposes of sub-regulation (3.) of this regulation ‘standard rate’ shall be deemed to include a rate authorized under sub-regulation (11.) of regulation 36 or under regulation 40 of these Regulations.”.
(2.) This regulation shall be deemed to have come into operation on the sixth day of October, 1939:
Provided that, in respect of the period from and including the sixth day of October, 1939, to and including the second day of October, 1944, the period specified in the proviso to sub-regulation (2.) of regulation 35, inserted by this regulation, shall be deemed to have been twenty-eight days.
(
a ) by omitting from sub-regulations (6.) and (7.) the words “hisde facto wife” (wherever occurring) and inserting in their stead the words “a dependent female”;(
b ) by inserting in sub-regulation (11.)—(i) in paragraph (
a ) after the word “airman” the words “or airwoman”; and(ii) in paragraph (
c ) after the word “airman” the words “or airwoman”; and(
c ) by omitting sub-regulation (13.) and inserting in its stead the following sub-regulation:—“(13.) Any payment of dependants allowance made to any person in pursuance of these Regulations shall, if that person has a claim for maintenance against the member who made the allotment in respect of which dependants allowance is payable, or if a maintenance or affiliation order or an order for the payment of alimony has been made against the member in favour of that person, be deemed to be a payment made to that person on behalf of the member.”.
(2.)
The amendments effected by paragraph (
“Provided that, where a separated wife who has been deserted by her husband subsequently to his becoming subject to these Regulations was, prior to her desertion, in receipt of dependants allowance in respect of the member, proof of dependence shall not be required, unless a prescribed authority so directs.”
(2.) This amendment shall be deemed to have come into operation on the twenty-ninth day of December, 1943.
(2.) This amendment shall be deemed to have come into operation on the twenty-ninth day of December, 1943.
“52.—(1.) If a member who has made an allotment payable to, or for the benefit of, a dependant and in respect of whom dependants allowance is payable is reported ‘missing’, payment of the allotment and dependants allowance may, subject to this regulation and with the approval of the prescribed authority concerned, be continued for six months from the date of notification to the prescribed authority that the member is ‘missing’, and, if the member is still ‘missing’ at the expiration of that period, the allotment and dependants allowance shall (subject to sub-regulation (3.) of this regulation) cease.
(2.) Notwithstanding that a member has been reported ‘missing’, the Minister may, in pursuance of the powers conferred by regulation 33 of these Regulations, make an order authorizing a deduction from the pay of the member and the payment of the sums deducted to or for the benefit of any person who, in the opinion of the Minister, is wholly or partly dependent upon, or has a claim for maintenance against, the member, in accordance with that regulation, and any sum deducted in pursuance of the order shall, for the purposes of these Regulations, be deemed to be an allotment, and there shall be credited to the member pay sufficient to provide for the amount of the allotment. The allotment and any dependants allowance granted may, subject to this regulation, be continued for six months from the date of the order.
(3.) If, at the expiration of the period specified in sub-regulation (1.) or (2.) (as the case may be) of this regulation, it is not possible to establish the fate of the member, the Minister may authorize payment of the allotment and dependants allowance to be continued for a further period, or periods, at such rate as he considers reasonable.
(4.) If, at any time during the period for which payment is made under sub-regulation (1.), (2.) or (3.) of this regulation, the member is ascertained to be dead, the matter of payment of the allotment and dependants allowance shall be dealt with in accordance with sub-regulation (1.) of regulation 51 of these Regulations.
(5.) If a member who has made an allotment in relation
to which no dependants allowance is payable is reported ‘missing’, payment of
the allotment may, subject to the approval of the prescribed authority
concerned, be continued for a period of three months from the date of
notification to the prescribed authority that the member is ‘missing’, and, if
the member is still
Provided that, if, at the expiration of that period, it is not possible to establish the fate of the member, the prescribed authority may authorize payment to be continued for a further period of three months at such rate as he considers reasonable, if he is satisfied that the allottee is to some extent dependent on the member or that hardship would be caused by the cessation of the payment:
Provided also that, if, at the expiration of the further period of three months, it is not possible to establish the fate of the member the Minister may authorize payment to be continued for such additional period, or periods, and at such rate, as he considers reasonable:
Provided also that, if, at any time during the period for which payment is made under this sub-regulation, the member is ascertained to be dead, the matter of payment of the allotment shall be dealt with in accordance with regulation 51 of these Regulations.
(6.) If a member has been reported ‘missing’ and is subsequently found to be alive, any allotment made by him and dependants allowance (if any) may, subject to these Regulations, be reinstated and paid as from the day on which payment ceased.”.
“Provided that in respect of any period after the twenty-fourth day of June, 1942, the subsistence allowance may be increased to 4s. 6d. in respect of each complete period of twenty-four hours of his attendance.”
(2.) This regulation shall be deemed to have come into operation on the twenty-fifth day of June, 1942.
(
a ) by omitting from sub-regulation (1.) the words “travelling allowance may, subject to these Regulations, be paid” and inserting in their stead the words “travelling allowance may, subject to these Regulations and to such conditions as are approved by the Air Board, be paid”;(
b ) by omitting from paragraph (a ) of sub-regulation (1.) the words “Third Schedule” and inserting in their stead the words “Sixth Schedule”; and(
c ) by adding the following sub-regulation:—“(4.) When a member is transferred to a station or unit where quarters and rations are not provided and it is impracticable to obtain suitable accommodation in the locality, travelling allowance in accordance with the provisions of sub-regulation (1.) of this regulation may be paid for a period not exceeding three days after the date of the member’s arrival at his new station or unit:
Provided that, in exceptional circumstances where it can be shown that it was impracticable to obtain suitable accommodation earlier, the period of payment may be extended to five days after the date of the member’s arrival at his new station.”.
(2.) The amendment effected by paragraph (
(3.) The amendment effected by paragraph (
(
a ) by inserting in the first column of the table in sub-regulation (1.) after the word “Warrant” the words “or Under’”,(
b ) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—“(2.) An allowance under sub-regulation (1.) of this regulation shall not be payable when meal warrants are issued to a member or when subsistence or ration allowance under sub-regulation (2.) or (3.) of regulation 68 of these Regulations is paid.
(3.) A member who is entitled under these Regulations to subsistence allowance or to an allowance in lieu of rations and who, by reason of the performance of air force duty not involving absence from his usual station, is unable to obtain a meal at his usual place of residence may, subject to such conditions as are approved by the Air Board, be paid, in addition to subsistence allowance or any allowance in lieu of rations, an allowance of one shilling and sixpence in respect of each meal obtained away from his usual place of residence.”.
(2.) The amendment effected by paragraph (
(3.) The amendment effected by paragraph (
(
a ) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—“(2.) Subject to these Regulations and to such conditions as are approved by the Air Board, a member who is not provided with rations, quarters or tentage may be paid in respect of any period—
(
a ) prior to the sixth day of June, 1940, a subsistence allowance at the rate of two shillings and fivepence per day;(
b ) after the fifth day of June, 1940, a subsistence allowance at the rate of—(i) two shillings and fivepence per day in the case of a member who is not required to live away from his home; or
(ii) four shillings and fourpence per day in the case of a member who by reason of his air-force duty is required to live away from his home;
(
c ) after the twenty-fourth day of June, 1942, in the case of a member other than an officer of the Royal Australian Air Force Nursing Service, a subsistence allowance at the rate of—
Warrant Officer.............................. | 14 | 6 | 14 | 6 | 16 | 6 | 12 | 0 | 12 | 0 | 13 | 6 | 7 | 0 | 7 | 0 | 8 | 6 | 6 | 0 | 6 | 0 | 7 | 0 |
Under Officer ................................ | .. | 14 | 6 | 16 | 6 | .. | 12 | 0 | 13 | 6 | .. | 7 | 0 | 8 | 6 | .. | 6 | 0 | 7 | |||||
Other airmen ................................. | 13 | 1 | 13 | 1 | 14 | 6 | 10 | 10 | 10 | 10 | 12 | 0 | 6 | 0 | 6 | 0 | 7 | 0 | 5 | 0 | 5 | 0 | 6 | 0 |
Other airwomen.............................. | .. | 13 | 1 | 14 | 6 | .. | 10 | 10 | 12 | 0 | .. | 6 | 0 | 7 | 0 | .. | 5 | 0 | 6 | 0 | ||||
(2.) The repeal of the First, Second and Third Schedules and the insertion in their stead of the First, Second, Fifth and Sixth Schedules by sub-regulation (1.) of this regulation shall be deemed to have taken effect on the sixth day of October, 1939.
(3.) The insertion of the Third Schedule by sub-regulation (1.) of this regulation shall be deemed to have taken effect on the twenty-fourth day of March, 1943.
(4.) The insertion of the Fourth Schedule by sub-regulation (1.) of this regulation shall be deemed to have taken effect on the thirteenth day of May, 1940.
___________________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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