Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1924. No. 147.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1918.

I, THE DEPUTY OF 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 1903-1918, to come into operation as from 30th November, 1919, unless otherwise specified herein.

Dated this twenty-sixth day of September, 1924.

STRADBROKE,

Deputy of the Governor-General.

By His Excellency’s Command,

E. K. BOWDEN,

Minister of State for Defence.

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Australian Military Regulations.

(Statutory Rules 1916, No. 166, as amended to this date).

Amendments.

A. Regulation 375 is repealed as from 30th August, 1924.

B. The heading “Long Leave” immediately preceding Regulation 407, and Regulations 407 to 409, both included, are repealed and the following regulations substituted therefor:—

“Furlough.

407. (1) When a member has continued in the Permanent Forces for at least twenty years, the Military Board may grant to him furlough for a period not exceeding one month and a half on full pay or three months on half pay, in respect of each completed five years of continuous service.

Provided that a member shall not be granted furlough to exceed a continuous period of twelve months at any one time.

Provided further that in the case of any person becoming a member of the Permanent Forces after the date of the making of this regulation, the service which shall be taken into account for the purposes of this regulation shall not include any service in a temporary capacity.

(2) When a member who has continued in the Permanent Forces for at least twenty years is retiring from the Permanent Forces the Military Board may authorize payment to him upon retirement of a sum equivalent to the amount of pay that would have been received by him during such furlough as would immediately prior to retirement have been granted to him under sub-regulation (1) of this regulation.

C.12727.—Price 3d.

(3) Upon the death of any member who at the date of his death was eligible under this regulation for the grant of furlough, the Military Board may authorize payment to the dependants of the member of a sum equivalent to the amount of pay which would, under this regulation, have been granted to the member had he retired immediately prior to the date of his death, or, in cases where all or any of the dependants are under the age of twenty-one years, may authorize payment of the whole or part of such sum, on behalf of the dependants or such of them as are under the age of twenty-one years, to a person or persons approved by the Minister.

(4) Notwithstanding anything contained in this regulation—

(a)there shall not be granted under this regulation, in respect of the service of any member, furlough or pay on retirement or death exceeding in the whole twelve months on full pay or its equivalent;

(b) except upon the retirement of a member who has reached the age for retirement, or, if the age for his retirement is over sixty years, has reached the age of sixty years, leave of absence for recreation shall not be granted in respect of the year in which furlough granted under this regulation commences, and if leave of absence for recreation has been granted in the year in which furlough granted under this regulation commences, it shall be regarded as part of the period of granted under this regulation:

Provided that the total period of leave of absence for recreation which may, under this paragraph, he withheld, or regarded as part of the period of furlough granted under this regulation, during any member’s period of service, shall not exceed the period of leave of absence, for recreation which may be granted in respect of one year of service, and

(c) the official conduct record of a member shall be taken into consideration in determining whether the whole or any portion of the furlough or pay provided in this regulation may be granted.

408. (1) the Military Board may grant to any member whose period of continuous service is less than twenty years, who is not eligible for furlough under the last preceding regulation, immediately prior to his retirement from the Permanent Forces on or subsequent to, his attaining the age for retirement, or, if the age for his retirement is over sixty years, on or subsequent to his reaching the age of sixty years, furlough on full pay for a period not exceeding that appropriate to his service as specified in the following scale:—

Service.	Furlough.
16 years and less than 20 years..................................................	5 months.
12 years and less than 16 years..................................................	4 months.
8 years and less than 12 years....................................................	3 months,
4 years and less than 8 years......................................................	2 months.

Provided that in the case of any person becoming a member of the Permanent Forces after the date of the making of this regulation, the service which shall be taken into account for the purposes of this regulation shall not include any service in a temporary capacity.

(2) In lieu of furlough in accordance with the last preceding sub-regulation the Military Board may authorise payment to a member, eligible for furlough in pursuance of that sub-regulation, upon his retirement from the Permanent Forces, of a sum equivalent to the pay for a period of furlough not exceeding that which the member could have been granted under that such regulation.

(3) Where a member, who has not reached the age for retirement or, if the age for his retirement is over sixty years, has not reached the age of sixty years, retires from the Permanent Forces after less than twenty years’ service, and produces to the Military Board satisfactory evidence that his retirement it due to ill-health and that such ill-health is permanent and is not due to misconduct or to causes within his own control, the Military Board may authorize payment to the member of a sum equivalent to the pay for a period of furlough not exceeding that for which, had he attained the age for retirement or the age of sixty years, he would have been eligible under sub-regulation (1) of this regulation.

(4) In the event of the death of a member before he has completed twenty years’ service in the Permanent Forces, the Military Board may, irrespective of the age of the member at the time of his death, authorize payment to the dependants of the member of a sum equivalent to the pay for the period of furlough which the member would have received had he been eligible for, and granted furlough under sub-regulation (1) of this regulation.

Provided that upon the death of an officer or soldier leaving dependants all or any of whom are under the age of twenty-one years, any sum of money payable to the dependants under this regulation may be paid in whole or in part on their behalf or on behalf of such of them as are under the age of twenty-one years to a person or persons approved by the Minister,

(5) The official conduct record of a member shall be taken into consideration in determining whether the whole or any portion of the furlough or pay provided in this regulation may be granted.

409. For the purposes of the last two preceding regulations pay includes the remuneration paid to amember in respect of the appointment or rank held by him, exclusive of all allowances excepting cost of living allowances and command or staff pay.”

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