Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1957. No. 31.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1953.*

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 Defence Act 1903-1953.

Dated this 22nd day of May, 1956.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Australian Military Regulations. 

Commencement.

1.—(1.) Subject to the next two succeeding sub-regulations, these Regulations shall be deemed to have come into operation on the twenty-ninth day of March, 1943.

(2.) The amendment made by paragraph (a) of regulation 2 of these Regulations shall be deemed to have come into operation on the first day of January, 1951.

(3.) The amendment made by regulation 4 of these Regulations shall be deemed to have come into operation on the first day of July, 1947.

Qualifying service over twenty years.

2. Regulation 478 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words “one month and a half on full pay, or three months on half pay, in respect of each completed five years of continuous service” and inserting in their stead the words “three-tenths of a month on full pay, or three-fifths of a month on half pay, in respect of each completed year of continuous service”; and

(b) by omitting the second proviso to sub-regulation (1).

Qualifying service under twenty years.

3. Regulation 479 of the Australian Military Regulations is amended—

(a) by omitting the proviso in sub-regulation (1);

(b) by inserting, after sub-regulation (1), the following sub-regulation:—

“(1a.) Notwithstanding anything contained in the last preceding sub-regulation, a member of the Permanent Forces is not eligible for furlough under that sub-regulation unless—

(a) the period for which the member has continued as a member in the Permanent Forces is not less than four years;

 

* Notified in the Commonwealth Gazette on 29 May, 1957.

  Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulations, see footnote   to Statutory Rules 1957, No. 56.

6290/55.—Price 5d.  15/28.8.1957.

 

(b) the member was transferred or appointed from a position of a permanent nature in the service of a State or the Commonwealth to the Permanent Forces and the period of his service in that service and for which he has continued as a member in the Permanent Forces after that transfer or appointment is not less than four years; or

(c) the member has completed a period of continuous service in the Permanent Forces within the meaning of regulation 481 of these Regulations of not less than eight years.”;

(c) by omitting from sub-regulation (2) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (1) of this regulation”; and

(d) by inserting, after sub-regulation (3), the following sub-regulation:—

“(3a.) Notwithstanding anything contained in the last preceding sub-regulation, a member of the Permanent Forces is not eligible for payment in lieu of furlough under that sub-regulation unless, on the day of his retirement—

(a) he has continued as a member in the Permanent Forces for a period of not less than four years;

(b)he was transferred or appointed from a position of a permanent nature in the service of a State or the Commonwealth to the Permanent Forces and the period of his service in that service and for which he has continued as a member in the Permanent Forces after that transfer or appointment is not less than four years;

(c) he has completed a period of continuous service in the Permanent Forces within the meaning of regulation 481 of these Regulations of not less than eight years; or

(d) he has completed a period of continuous service in the Permanent Forces within the meaning of that regulation of not less than four years and is, under his current engagement or appointment, eligible to continue in the Permanent Forces to complete a period of at least eight years’ continuous service within the meaning of that regulation before reaching the age for his retirement.”.

4. Regulation 480 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Meaning of “pay” for purposes of Division 7, Part VI.

“480.—(1.) For the purposes of this Division, but subject to this regulation, ‘pay’, in relation to a member of the Permanent Forces—

(a) means the pay prescribed under regulations made under the Defence Act relating to pay and allowances for a member holding the same rank as the substantive rank held by the member on the day immediately before his retirement or death, or at the commencement of his furlough, or during his furlough, as the case requires; and

 

(b) in relation to a member, other than an officer entitled to a consolidated rate of pay, includes—

(i) incremental advancement;

(ii) good conduct increments;

(iii) any difference in pay payable to the member by reason of his being classified Warrant Officer Class I. or Class II., highest skilled, Staff Sergeant or Sergeant, highest skilled, or as Corporal, Lance-corporal or Private, 3 Star or 2 Star;

(iv) marriage allowance;

(v) provision allowance;

(vi) living out allowance; and

(vii) clothing maintenance allowance,

payable under those regulations to the member on the day immediately before his retirement or death, or at the commencement of his furlough, or during his furlough, as the case requires.

“(2.) For the purposes of the last preceding sub-regulation, provision allowance shall be deemed to be payable to a member who is retired or dies if, on the day immediately before his retirement or death, that allowance would have been payable had he lived at his home or in married quarters on that day.

“(3.) Subject to the next succeeding sub-regulation, living out allowance shall, for the purposes of sub-regulation (1.) of this regulation, be deemed to be payable to a member who is retired or dies if, on the day immediately before his retirement or death, that allowance would have been payable had he not been provided with rations and quarters or tentage on that day.

“(4.) Living out allowance shall not be included in the pay of a member whose pay includes marriage allowance.

“(5.) Where a member who is retired or dies was, on the day immediately before his retirement or death—

(a) not entitled to pay by reason of a grant of leave of absence without pay or a forfeiture of pay imposed upon or incurred by the member on that day; or

(b) entitled to half pay by reason of a grant of furlough on half pay,

his pay for the purposes of this Division shall include the pay, incremental advancement, good conduct increments and allowances referred to in sub-regulation (1.) of this regulation which would have been payable to the member if he had been grunted furlough on full pay on that day.

“(6.) For the purposes of sub-regulation (1.) of this regulation, an acting member shall be deemed to be a member who holds the same substantive rank as—

(a) if he has held the same acting rank continuously for the period of twelve months, or for an aggregate period of three years during the five years, immediately preceding the day of his retirement, death or the commencement of his furlough, as the case requires—that acting rank;

 

(b) if he has not held the same acting rank for either period specified in the last preceding paragraph but has held a combination of that acting rank and one or more other ranks or a combination of those other ranks, or any of them, continuously for that period of twelve months—the lower or lowest rank in that combination;

(c) if he has not held the same acting rank for either period specified in paragraph (a) of this sub-regulation but the combined periods of his service in a combination of that acting rank and one or more other ranks held during those five years or a combination of those other ranks, or any of them, aggregate at least three years in those five years—the lower or lowest rank in that combination;

(d) if there are two or more combinations of ranks to which the last preceding paragraph could apply and there is more than one rank applicable to the member by virtue of that paragraph in respect of those combinations—the higher or highest of the ranks so applicable; or

(e)if he has not held the same acting rank for either period specified in paragraph (a) of this sub-regulation but the circumstances specified in paragraphs (b) and (c), or (b) and (d), as the case may be, of this sub-regulation apply to him—the higher of the ranks determined in accordance with the paragraphs applicable to him.

“(7.) Notwithstanding the last preceding sub-regulation, an acting member shall not be deemed to hold a substantive rank for the purposes of sub-regulation (1.) of this regulation higher than his acting rank.

“(8.) Where an acting member is, by virtue of this regulation, deemed to be a member who holds a rank for furlough purposes, his period of service for the purpose of determining the number of increments included in the pay of his rank for furlough purposes shall, unless otherwise ordered by the Military Board, include his period of service in a higher rank or ranks if his service in the higher rank or ranks forms a continuous period of service with service in his rank for furlough purposes.

“(9.) In this regulation—

‘acting member’ means a member of the Permanent Forces who holds an acting rank and is granted furlough which will expire on his retirement or in respect of whom payment in lieu of furlough is authorized to be paid under this Division to him on his retirement, or to his dependants on his death, as the case requires;

‘acting rank’ means, in relation to a member of the Permanent Forces, an acting or temporary rank higher than the substantive rank which he holds on the day of his retirement or death or immediately before he commences furlough, as the case requires;

‘death’ includes the presumed death of a member of the Permanent Forces where the Military Board directs that the death of the member be presumed to have happened on a day determined by the Military Board.”.

 

5. Regulation 481 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Meaning of “service” for purposes of Division 7, Part VI.

“481.—(1.) For the purposes of this Division, but subject to this regulation, the period of service of a member of the Permanent Forces is the period for which the member has been employed continuously in the Permanent Forces and, where, before becoming a member of the Permanent Forces, that member was continuously employed in—

(a)the service of the Commonwealth (including full-time service in the naval, military or air forces);

(b) the service of an authority of the Commonwealth;

(c) the service of a State;

(d) the service of an authority of a State; or

(e) the Public Service of a Territory of the Commonwealth,

the period for which the member was so employed shall be deemed to be a period of continuous employment in the Permanent Forces.

“(2.) Where, before becoming a member of the Permanent Forces, a member was employed continuously in more than one of the services specified in the last preceding sub-regulation, and the periods for which he was so employed were continuous with one another and with his service in the Permanent Forces, each of those periods shall, subject to the next succeeding sub-regulation, be deemed to have been a period of continuous employment in the Permanent Forces.

“(3.) Where the Military Board is satisfied that a period of employment of a member of the Permanent Forces in one of the services specified in sub-regulation (1.) of this regulation was terminated on the grounds of unsatisfactory service, that period of employment and the periods (if any) for which the member was previously employed in any of those services shall not be deemed to be periods of continuous employment in the Permanent Forces.

“(4.) For the purposes of this regulation, there shall be deducted from the period of service of a member—

(a) a period of employment as a part-time employee;

(b) a period of employment in an honorary capacity only;

(c) a period of employment remunerated by fees, allowances or commissions only;

(d) a period during which the member was a deserter;

(e) a period for which the member was absent without leave for more than thirty days;

(f) the whole or such part (if any), as the Military Board determines, of the period of service of the member before a period of absence without leave for more than thirty days or before a period of desertion;

(g) a period of employment terminated by retirement on or subsequent to attaining the age prescribed for retirement in respect of which furlough has been granted, or payment has been authorized, to the member under—

(i) regulation 478 or 479 of these Regulations;

(ii) the Commonwealth Employees’ Furlough Act 1943, or under that Act as amended;

 

(iii) the Commonwealth Public Service Act 1922-1943, or under that Act as amended; or

(iv) another law of the Commonwealth or a law of a State or Territory of the Commonwealth which provides for the granting of furlough or for the making of a similar payment; or

(h) a period of employment in a temporary capacity, and, except as provided in the next succeeding sub-regulation, a period of employment in a permanent capacity, in one or more of the services specified in paragraphs (c) and (d)of sub-regulation (1.) of this regulation in respect of which furlough has been granted, or a payment in lieu of furlough has been authorized, under a law of a State.

“(5.) A period of employment of a member in a permanent capacity referred to in paragraph (h) of the last preceding sub-regulation, not being a period of employment referred to in paragraph (g) of that sub-regulation, shall not be deducted from the service of a member for the purpose of this regulation, if that period is continuous—

(a) with a period of employment determined by the Military Board to be permanent service in the Permanent Forces; or

(b)with a period of continuous employment in one or more of the services specified in paragraphs (a), (b) and (e) of sub-regulation (1.) of this regulation which—

(i) the Military Board determines is employment in a permanent capacity; and

(ii) forms a period of continuous employment with employment referred to in the last preceding paragraph.

“(6.) For the purposes of this regulation, other than the last preceding sub-regulation, the continuity of the service of a member of the Permanent Forces shall not be deemed to be, or to have been, broken by—

(a) a period or periods of absence during which a member pursues, or has pursued, a course of study under a Commonwealth scheme of vocational training; or

(b) any other period or periods of absence (including a period or periods when the member was not employed or was employed as a part-time employee only or in an honorary capacity only or remunerated by fees, allowances or commissions only, by a service referred to in sub-regulation (1.) of this regulation) unless—

(i) the period of absence, or the sum of two periods of absence separated only by a period during which he pursues, or has pursued, a course of study under a Commonwealth scheme of vocational training, exceeds or has exceeded twelve months; or

(ii) the number of days included in the period or periods of absence exceed in the aggregate one-seventh of the number of days occurring after the commencement of the first period of employment which, under the preceding sub-regulations of this regulation, may be included in the period of his service, or, if the member pursued a course of study under

 

a Commonwealth scheme of vocational training, one-seventh of the difference between that number of days and the number of days included in a period or periods of absence during which he pursued that course of study.

“(7.) A period or periods of absence referred to in the last preceding sub-regulation shall not, for the purposes of this regulation, be included in the period of service of the member.

“(8.) For the purposes of this regulation, a member shall not be deemed to be, or to have been, absent by reason of his being—

(a) on leave of absence with pay or with part pay; or

(b) on leave of absence without pay granted—

(i) on account of illness;

(ii) in pursuance of a section of the Commonwealth Public Service Act 1922-1943, or under that Act as amended, under which a period of absence has been, or is allowed to be, included as service for the purposes of that Act or of that Act as amended;

(iii) for a period not exceeding three months;

(iv) by the Commonwealth or an authority of the Commonwealth for the purpose of enabling him to pursue a course of study under a Commonwealth scheme of vocational training;

(v) by a State or an authority of a State for the purpose of enabling him to pursue a course of study under a Commonwealth scheme of vocational training, being a period of leave of absence included in his service under and for the purpose of a law of that State providing for the granting of furlough or for the making of a payment in lieu of furlough; or

(vi) for such other purposes as the Minister determines subject to the approval of the Treasurer or of such officer as the Treasurer authorizes for the purpose of giving or withholding such an approval.

“(9.) In this regulation—

‘authority of a State’ means a public authority constituted under the law of a State for the purposes of discharging, subject to the direction or control of a Minister of State for the State, functions which are within the province of the State Government, but does not include a local governing body;

‘Commonwealth scheme of vocational training’ means a scheme of vocational training provided by the Commonwealth for persons who were members of the Defence Force.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.