Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No. 117

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REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*

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 1903-1966.

Dated this eighth day of December, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendment of the Australian Military Regulations 

Application of this Division to members of the Citizen Forces on active service.

1. Regulation 457 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “sub-regulation (2.)” and inserting in its stead the words “the succeeding sub-regulations”; and

(b) by adding at the end thereof the following sub-regulations:—

“(3.) Where a member of the Citizen Forces who has been serving on active service has ceased so to serve and has continued, immediately after he ceased so to serve, to serve in the Citizen Forces on continuous full time military service, a war service leave credit shall be deemed to have accrued to the member equal to the period (if any) of war service leave that could, immediately before he ceased to serve on active service, have been granted to him under the conditions for the granting of war service leave approved by the Military Board under the last preceding sub-regulation, being the conditions in force, or to be deemed to have been in force, immediately before he ceased to serve on active service.

“(4.) A member of the Citizen Forces serving on continuous full time military service may be granted war service leave of absence under this Division for a period equal to, or for periods aggregating, his war service leave credit and, if he is absent from duty on war service leave so granted, his war service leave credit is reduced by the period of that absence.

“(5.) Where a member has been paid an amount under regulation 220b of the Military Financial Regulations in place of being granted a period of war service leave that might have been granted to him—

(a)if the member is serving on active service when he is paid that amount—the member shall be taken, for the purpose only of ascertaining the additional period (if any) of war service leave that may be granted to him in accordance with the

 

* Notified in the Commonwealth Gazette on  1969.

  Statutory Rules 1927, No. 149, as amended to date. For previous amendments to the Australian Military Regulations, see footnote   to Statutory Rules 1969, No. 76, and see also Statutory Rules 1969, Nos. 76 and 94.

21781/69––Price 5c  10/20.11.1969

 

conditions for the time being approved by the Military Board under sub-regulation (2.) of this regulation, to have been absent from duty, during a period equal to that period, on war service leave granted to him under the conditions so approved; and

(b) in any other case—the member’s war service leave credit shall be deemed to have been reduced by a period equal to the period in respect of which he has been paid an amount under that regulation.”.

Application of this Division to members of the Permanent Forces on active service.

2. Regulation 463 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “sub-regulation (2.)” and inserting in its stead the words “the succeeding sub-regulations”; and

(b) by adding at the end thereof the following sub-regulations:—

“(3.) Where a member of the Permanent Forces who has been serving on active service has ceased so to serve and has continued, immediately after he ceased so to serve, to serve in the Permanent Forces, a war service leave credit shall be deemed to have accrued to the member equal to the period (if any) of war service leave that could, immediately before he ceased to serve on active service, have been granted to him under the conditions for the granting of war service leave approved by the Military Board under the last preceding sub-regulation, being the conditions in force, or to be deemed to have been in force, immediately before he ceased to serve on active service.

“(4.) A member of the Permanent Forces may be granted war service leave of absence under this Division for a period equal to, or for periods aggregating, his war service leave credit and, if he is absent from duty on war service leave so granted, his war service leave credit is reduced by the period of that absence.

“(5.) Where a member has been paid an amount under regulation 17c of the Military Financial Regulations in place of being granted a period of war service leave that might have been grained to him—

(a) if the member is serving on active service when he is paid that amount—the member shall be taken, for the purpose only of ascertaining the additional period (if any) of war service leave that may be granted to him in accordance with the conditions for the time being approved by the Military Board under sub-regulation (2.) of this regulation, to have been absent from duty, during a period equal to that period, on war service leave granted to him under the conditions so approved; or

(b) in any other case—the member’s war service leave credit shall be deemed to have been reduced by a period equal to the period in respect of which he has been paid an amount under that regulation.”.

Application.

3. War service leave shall be deemed to have accrued to members of the Military Forces who, having been serving on active service on the thirtieth day of June, 1969, ceased so to serve before the commencement of these Regulations as if the amendments of the Australian Military Regulations effected by the last two preceding sub-regulations and the first approvals given by the Military Board, after the commencement of these Regulations, under regulations 457 and 463, respectively, of the Australian Military Regulations of conditions for the granting of war service leave had come into operation on the first day of July, 1969.

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Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra