Defence Force (Bounties and Gratuities) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE DEFENCE ACT 1903-1970, THE NAVAL DEFENCE ACT 1910-1971 AND THE AIR FORCE ACT 1923-1965.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the
Executive Council, hereby make the following Regulations under the
Dated this thirtieth day of August, 1973.
PAUL HASLUCK.
Governor-General.
By His Excellency’s Command,
LANCE BARNARD
Minister of State for Defence.
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Amendments of the Defence Force (Bounties and Gratuities) Regulations
“ 2a (1) The Service Board may, in relation to a matter or a class of matters, or to a State, a part of the Commonwealth or a formation, delegate any of its powers and functions under these Regulations (except this power of delegation).
“ (2) A power or function delegated by the Service Board under this regulation may be exercised or performed by the delegate with respect to the matter or to the matters included in the class of matters, or with respect to the State, the part of the Commonwealth, or the formation specified in the instrument of delegation.
“ (3) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Service Board.
“ (4) A delegation under this regulation remains in force unless revoked by the Service Board.”.
(2) Regulation 4 of the Defence Force (Bounties and Gratuities) Regulations is amended by adding at the end of sub-regulation (5) the words “ at the rate of $1,000.00 ”
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* Notified
in the
Statutory Rules 1973, No. 110.
(3) The amendments effected by this regulation shall be deemed to have come into operation on 8th June, 1973,
(2) The amendments effected by sub-regulation (1) shall be deemed to have come into operation on 8th June, 1973.
“ Part III—Gratuities
“ 10. (1) In this Part, unless the contrary intention appears—
‘ denial officer ’ means an officer who is a qualified dental practitioner and is serving in—
(a) the Dental Branch of the Naval Forces;
(b) the Royal Australian Army Dental Corps; or
(c) the Medical Branch of the Air Force;
‘ eligible service ’ in relation to a member, means continuous full-time service by the member in respect of which he was a contributor under the previous Act or a contributing member under the Act, or both, and includes—
(a) a period, continuous with such a period of service, in respect, of which an amount has been paid or is payable under section 23, 55 or 89 of the Act or by virtue of sub-section 52 (1) of the Act;
(b) a period in respect to which an amount has been paid or is payable under sub-section 53 (2) of the Act; and
(c) a period during such a period of service when the member has been—
(i) on leave of absence without pay;
(ii) absent without leave;
(iii) in custody or under suspension or awaiting or undergoing trial on a charge; or
(iv) serving a period of imprisonment or other detention or undergoing field punishment,
but does not include a period of previous service in respect of which a member made an election, under sub-section. 27 (1) of the previous Act or under sub-section 82 (3) of the
Defence Forces Retirement Benefits Act 1959-1968;‘ existing contributor ’ has the same meaning as that expression has in sub-section 38 (1) of the
Defence Forces Retirement Benefits Act 1959-1968;‘ medical officer ’ means an officer who is a qualified medical practitioner and is serving in—
(a) the Medical Branch of the Naval Forces;
(b) the Royal Australian Army Medical Corps; or
(c) the Medical Branch of the Air Force;
‘ member ’ means a member of the Permanent Forces and includes any member of the Defence Force rendering continuous full-time service, but does not include a person who is a member within the
meaning of the Naval Forces (Papua New Guinea Division) Regulations or the Military Financial (Pacific Islanders) Regulations, or a person to whom section 90of the Act applies and who does not make an election under that section;
‘ non-effective service ’ means a period of eligible service exceeding twenty-one consecutive days during which a member has been, or is deemed to have been—
(a) on leave of absence without pay;
(b) absent without leave;
(c) in custody or under suspension or awaiting or undergoing trial on a charge in respect of which he was later convicted and in respect of which he was imprisoned or otherwise detained or underwent field punishment; or
(d) serving a period of imprisonment or other detention or undergoing field punishment;
‘ notional eligible service ’ in relation to a serving member, means a period equal to the sum of his period of eligible service and any other period served by him as a member of the Defence Force before 19th July, 1968, that, under the Service Regulations as in force immediately before that date, was service to be taken into account in calculating any gratuity provided for in those Regulations as so in force;
‘ officer ’ means a member of the Defence Force who is an officer for the purposes of the
Defence Act 1903-1970 and includes a Cadet Midshipman enrolled in the Royal Australian Naval College, a cadet enrolled at the Royal Military College and a member enlisted in the Permanent Air Force as an air cadet;‘ retiring age ’ in relation to a member, means the age for compulsory retirement of the member ascertained in accordance with, or in accordance with regulations under, the
Defence Act 1903-1970, theNaval Defence Act 1910-1971 or theAir Force Act 1923-1965;‘ retirement ’ means retirement as a member of the Defence Force and includes termination of appointment as an officer of, or discharge from, the Defence Force and ‘ retired ’ has a corresponding meaning;
‘ Service Board’ means—(a) in relation to a member of the Naval Forces—the Naval Board;
(b) in relation to a member of the Military Forces—the Military Board; and
(c) in relation to a member of the Air Force—the Air Board;
‘ Service Regulations ’, in respect of a period of service of a member, means whichever of the Naval Financial Regulations, the Military Financial Regulations or the Air Force Regulations applies to that member in respect of that period;
‘ serving member ’ means a member who—
(a) was serving as a member of the Defence Force on 19th July, 196S, and has served as such a member on continuous fulltime service from a date before that date; and
(b) was, on that date, a member as defined by sub-section 4 (1) of the previous Act as in force on that date, and—
(i) was not, immediately before that date, a member as defined by sub-section 4 (1) of the previous Act as in force immediately before that date; or
(ii)was, immediately before that date, a member as defined by sub-section 4 (1) of the previous Act as in force immediately before that date, but was not contributing to the Fund by reason of sub-section 23 (3) or 23 (4) of the previous Act as in force immediately before that date, but would have been required to contribute to the Fund if the amendments made by the
Defence Forces Retirement Benefits Acts 1968 had been in force immediately before that date;‘ the Authority ’ means the Defence Force Retirement and Death Benefits Authority established by section 8 of the Act;
‘ the Act ’ means the
Defence Force Retirement and Death Benefits Act 1973;‘ the Fund ’ means the Defence Forces Retirement Benefits Fund established under the previous Act;
‘ the previous Act ’ means the
Defence Forces Retirement Benefits Act 1948 or that Act as amended and in force from time to time.
“ (2) For the purposes of the definition of ‘ eligible service ’ in sub-regulation (1), a person shall be deemed to be on continuous full-time service during a period—
(a) when, by virtue of sub-section 63 (1) of the Act, the Act applies to him as if he had not retired and as if he had been on leave of absence without pay;
(b) where deferred benefits were applicable to him under the Act, if those benefits have ceased to be applicable by virtue of section 83 of the Act; or
(c) in respect of which deferred benefits were applicable to him under section 82zb of the previous Act if, before those benefits became payable, he again became a member,
but that period shall not be eligible service for the purposes of this Part.
“ (3) For the purposes of the definition of ‘ retirement ’ in sub-regulation (1), a member shall be deemed to retire on the date on which he ceases to render continuous full-time service.
“ 11. (1) This regulation applies to an officer who is not entitled on retirement to retirement pay under the Act or to invalidity benefit under the Act
“ (2) Subject to this Part, where—
(a) an officer to whom this regulation applies—
(i) has completed ten years’ eligible service; and
(ii) retires on or after attaining the retiring age for the rank held by him; or
(b) an officer to whom this regulation applies—
(i) has completed twelve years’ eligible service; and
(ii) retires before attaining the retiring age for the rank held by him,
and the purpose of his retirement is to meet the needs of the Service,
he is entitled, on his retirement, to a gratuity in accordance with this regulation.
“ (3) Subject to this Part, the gratuity to which an officer is entitled under this regulation is an amount calculated at the rate of Two hundred and forty dollars if the officer is a male, or One hundred and twenty dollars if the officer is a female, for each completed year of the officer’s eligible service.
“ (4) Where the period of eligible service of an officer includes a period served as a member other than an officer, the gratuity to which the officer is entitled under this regulation is an amount equal to the sum of—
(a) an amount calculated at the rate of One hundred dollars per annum, if the officer is a male, or Fifty dollars per annum if the officer is a female, in respect of the period of eligible service completed by the officer as a member other than an officer; and
(b) an amount calculated at the rate of Two hundred and forty dollars per annum if the officer is a male, or One hundred and twenty dollars per annum if the officer is a female, in respect of the period that is equal to the difference between—
(i) the period comprising the years of eligible service completed by the officer before retirement; and
(ii) the period of eligible service completed by the officer as a member other than an officer.
“ 12. In this regulation and in regulations 13 and 14—
‘ non-Permanent Forces officer ’ means an officer who is not a member of the Permanent Forces;
‘ Permanent Forces ’ means the Permanent Naval Forces, the part of the Permanent Military Forces known as the Australian Regular Army or the Permanent Air Force;
‘ Permanent Forces officer ’ means an officer who is a member of the Permanent Forces.
“ 13. Where—
(a) a non-Permanent Forces officer retires; and
(b) the retiring age for the rank held by him on his retirement is greater than it would have been if he had been a Permanent Forces officer on his retirement,
the retiring age for the rank held by him on his retirement shall, for the purposes of regulations 11 and 16, if he became a non-Permanent Forces officer after 19th July, 1968, and he was, immediately before becoming a non-Permanent Forces officer, a Permanent Forces officer, be deemed to be the age that would have been that retiring age if he had been a Permanent Forces officer on his retirement.
“ 14. (1) This regulation applies to—
(a) an officer who—
(i) is a member of the Permanent Fortes; and
(ii) is serving under a short service commission, including an extension of such a commission; and
(b) an officer who is not a member of the Permanent Forces, but does not apply to a medical officer or a dental officer.
“ (2) Subject to this Part, where—
(a) an officer to whom this regulation applies retires; and
(b) he is not entitled, on his retirement, to retirement pay under the Act, to invalidity benefit under the Act or to a gratuity under regulation 11,
he is entitled to a gratuity in accordance with, this regulation.
“ (3) Subject to this regulation, a gratuity payable to an officer under this regulation is an amount calculated at the rate of One hundred dollars if the officer is a male, or Fifty dollars if the officer is a female, for each completed year of the officer’s eligible service.
“ (4) Where the period of eligible service of an officer includes a period served as a member other than an officer, the gratuity to which the officer is entitled under this regulation is an amount equal to the sum of the following, amounts:—
(a) if the officer had completed twelve years’ eligible service before his appointment as an officer, an amount calculated at the rate of One hundred dollars if the officer is a male, or Fifty dollars if the officer is a female, for each year of eligible service completed by the officer before that appointment or, if the officer had not completed, twelve years’ eligible service before appointment as an officer, an amount determined in accordance with the following table having regard to the number of years of eligible service completed by the officer before that appointment:—
Number of completed years of eligible service | Amount of gratuity | ||
Male member | Female member | ||
$ | $ | ||
1…………………………………….. | 40 | 30 | |
2…………………………………..... | 80 | 60 | |
3 | 120 | 90 | |
4 | 160 | 120 | |
5 | 200 | 150 | |
6 | 240 | 180 | |
7 | 340 | 210 | |
8 | 440 | 240 | |
9 | 540 | 270 | |
10 | 760 | 380 | |
11 | 980 | 490 | |
(b) an amount calculated at the rate of One hundred dollars per annum if the officer is a male, or Fifty dollars per annum if the officer is a female, in respect of the period that is equal to the difference between—
(i) the period comprising the years of eligible service completed by the officer on his retirement; and
(ii) the period comprising the years of eligible service completed by the officer before his appointment as an officer.
“ (5) In the application of this regulation to a serving member, a reference in sub-regulation (4) to the eligible service of a member shall be read as a reference to the notional eligible service of the serving member.
“ 15. (1) Subject to this Part, a member (not being an officer) who, on retirement, is not entitled to retirement pay under the Act or to invalidity benefit under the Act is, on retirement, entitled to a gratuity in accordance with this regulation.
“ (2) The gratuity to which a member who, on retirement, has not completed twelve years’ eligible service is entitled under this regulation is an amount determined in accordance with the following table having regard to the number of years of eligible service completed by the member on his retirement:—
Number of completed years of eligible service | Amount of gratuity | ||||
Male member | Female member | ||||
1…………………………………… | 40 | 30 | |||
2…………………………………… | 80 | 60 | |||
3…………………………………… | 120 | 90 | |||
4…………………………………… | 160 | 120 | |||
5…………………………………… | 200 | 150 | |||
6…………………………………… | 240 | 180 | |||
7…………………………………… | 340 | 210 | |||
8…………………………………… | 440 | 240 | |||
9…………………………………… | 540 | 270 | |||
10…………………………………. | 760 | 380 | |||
11………………………………….. | 980 | 490 | |||
“ (3) The gratuity to which a member who, on retirement, has completed not less than twelve years’ service is entitled under this regulation is an amount calculated at the rate of One hundred dollars if the member is a male, or Fifty dollars if the member is a female, for each year of eligible service completed by the member on his retirement,
“ 16. (1) Subject to this Part, a person who becomes entitled to invalidity benefit under the Act of an amount determined in accordance with sub-section 32 (2) of the Act and was an officer immediately before his retirement is entitled to a gratuity, called invalidity gratuity, in accordance with this regulation.
“ (2) Subject to sub-regulations (3), (5), (6) and (7), the gratuity to which a person is entitled under sub-regulation (1) is an amount calculated at the rate of One hundred and fifty dollars if the person is a male, or Seventy-five dollars if the person is a female, for each year of eligible service completed by the person.
“ (3) Subject to sub-regulations (5), (6) and (7), where the period of eligible service of a person who was an officer immediately before his retirement includes a period served by the person as a member other than an officer, the gratuity to which the person is entitled under sub-regulation (1) is an amount equal to the sum of—
(a) an amount calculated at the rate of One hundred dollars per annum if the person is a male, or Fifty dollars per annum if the person is a female, in respect of the period of eligible service completed by the person as a member other than an officer; and
(b) an amount calculated at the rate of One hundred and fifty dollars per annum if the person is a male, or Seventy-five dollars per annum if the person is a female, in respect of the period that is equal to the difference between—
(i) the period comprising the years of eligible service completed by the person on retirement; and
(ii) the period of eligible service completed by the person as a member other than an officer.
“ (4) Subject to this Part, a person who becomes entitled to invalidity benefit under the Act of an amount determined in accordance with sub-section 32 (2) of the Act and was not an officer immediately before his retirement is entitled to a gratuity, called invalidity gratuity—
(a) if the person is a male—of an amount calculated at the rate of One hundred dollars for each year of eligible service completed by him; or
(b) if the person is a female—of an amount calculated at the rate of Fifty dollars for each year of eligible service completed by her.
“ (5) Where a person to whom sub-regulation (1) applies—
(a) retired on or after attaining the retiring age for the rank held by him; and
(b) would have been entitled to a gratuity under regulation 11 if he had not retired on the grounds of invalidity,
the rate of invalidity gratuity payable to him in respect of his eligible service as an officer is the rate that he would have received if he had received a gratuity under regulation 11.
“ (6) If, upon re-classification as Class C under section 53 of the previous Act or under section 34 of the Act, a person becomes entitled in accordance with this regulation to a gratuity, the amount of the gratuity payable to him is to be reduced by the excess (if any) of the total amount of invalidity pay received by him under the Act over the amount of benefit that would have been payable under sub-section 32 (2) of the Act if he had been classified Class C on retirement
“ (7) Where a member retired on grounds other than invalidity and invalidity gratuity becomes payable to him in respect of his eligible service, the gratuity is payable to him at a rate equal to the amount (if any) by which an invalidity gratuity payable under the preceding provisions of this regulation exceeds the amount of any other gratuity paid to him under this Part.
“ 17. (1) A gratuity under this Part is not payable to, or in respect of, a member—
(a) who, by virtue of section 27 or 29 of the Act, is not paid invalidity benefit; or
(b) whose service is terminated by his death.
“ (2) Where a transfer value is payable under section 77 of the Act in respect of a period of eligible service of a member, the member is not entitled to a gratuity under this Part in respect of that period.
“ (3) Subject to regulation 25 where deferred benefits are applicable to a member under the Act in respect of a period of eligible service of the member, any gratuity to which the member may otherwise be entitled under this Part in respect of that period of eligible service is not payable.
“ 18. If the eligible service of a person includes a period or periods of non-effective service and the period ascertained by adding—
(a) a period equal to the number of that person’s completed years of eligible service; and
(b) the period, or the total of the periods, of that person’s non-effective service,
exceeds the period of eligible service of the person, the amount of the gratuity to which the person would, but for this regulation, be entitled under this Part shall be reduced to an amount calculated in accordance with the formula—
where—
A is the amount of gratuity to which the person would, but for this regulation, be entitled under this Part;
C is the period equal to the number of the person’s completed years of eligible service;
F is the period by which the period ascertained by adding the period referred to in paragraph (a) and the period or periods referred to in paragraph (b) exceeds the period of the person’s eligible service.
“ 19. (1) Where a male member other than an officer completes, on or after 1st October, 1972, a period of eligible service of three years or more but less than six years and, without having ceased to be on continuous full-time service since the commencement of that period of eligible service, is serving under an engagement for a period that will end not earlier than six years after the commencement of that period of eligible service then he is entitled to receive by way of an advance against gratuity which may become payable to him under this Part, a payment of Two hundred dollars if, by notice in writing given to the Service Board before or at the time of completing that first-mentioned period of eligible service or within such period after that time as the Service Board, on an application made before or after the completion of that period of eligible service, allows, he elects to receive that payment.
“ (2) Where a male member other than an officer completes, on or after 1st October, 1972, a period of eligible service of six years or more but less than twelve years and, without having ceased to be on continuous full-time service since the commencement of that period of eligible service, is serving under an engagement for a period that will end not later than twelve years after the commencement of that period of eligible service, then he is entitled to receive, by way of an advance against gratuity that may become payable to him under this Part, a payment of an amount equal to Eight hundred dollars less the amount of any payment made to him under sub-regulation if, by notice in writing given to the Service Board before or at the time of completion of that first-mentioned period of eligible service or within such period after that time as the Service Board, on an application made before or after the completion of that period of eligible service, allows, he elects to receive that payment.
“ (3) A period of eligible service of a member shall, for the purposes of sub-regulations (1) and (2), be deemed to be reduced by any period of service of the member which is a period—
(a) of non-effective service; or
(b) in respect of which an amount has been paid, or is payable, under section 21 or 89 of the Act.
“ (4) Where a period of eligible service of a member includes a period (in this sub-regulation referred to as ‘ the period of non-qualifying service’) that is a period of non-effective service—
(a) sub-regulation (1) applies in relation to the member as if the second reference in that sub-regulation to a period of six years were a reference to a period equal to the aggregate of six years and the period of non-qualifying service; and
(b) sub-regulation (2) applies in relation to the member as if the second reference in that sub-regulation to a period of twelve years were a reference to a period equal to the aggregate of twelve years and the period of non-qualifying service.
“ (5) Where a member, before the completion of the engagement under which he is serving, agrees to engage to serve, on completion of that engagement under which he is serving, for a further period, he shall be deemed, for the purposes of sub-regulations (1) and (2), to be serving under an engagement for a period that will end at the end of that further period.
“ (6) Where—
(a) a member who has received a payment or payments under this regulation ceases, otherwise than by death, to be a member: and
(b) invalidity benefit under the Act is not payable to or in respect of the member,
an amount equal to the payment or the aggregate of the payments, as the case may be, shall be deemed to have been payable by the member to the Commonwealth immediately before he ceased to be a member and that amount—
(c) shall, to the extent that it does not exceed the amount of gratuity (if any) payable to or in respect of the member under this Part, be deducted from the gratuity; and
(d) may, to the extent, if any, that it exceeds the amount of that gratuity, be recovered as a debt due and payable to the Commonwealth,
“ (7) Where a payment has been, made to, or in respect of, a member under section 42a of the previous Act in respect of a period of service, the amount of advance payable under this regulation in respect of that period shall be reduced by the amount paid under that section.
“ 20. Subject to regulation 21, gratuities under this Part are not capable of being assigned or charged.
“ 21. Where, in the opinion of the Service Board, payment of gratuity under this Part should, by reason of the person who, but for this regulation, would be entitled to the payment, being a person who is insane or undergoing imprisonment or otherwise being under a disability, be made to a person other than the person who would be so entitled to the payment, the Service Board may authorize the payment to be made to the other person and payment shall be made to the other person accordingly,
“ 22. (1) Where—
(a) a member who was an existing contributor had, before 14th December, 1959, made an election by virtue of section 80a of the
Defence Forces Retirement Benefits Act 1948-1955 to become a contributor under that Act as from the date immediately following the date on which he completed six years’ service under an initial engagement;(b) on the retirement of the member he is entitled to a gratuity under this Part; and
(c) the gratuity that he would have received under the Service Regulations if he had not made the election exceeds the sum of that first-mentioned gratuity and the gratuity actually paid to him under the Service Regulations,
the gratuity under this Part shall be increased by an amount, equal, to the excess.
“ (2) Where, in respect of a period of eligible service, a member would
have been entitled under section 62, 63 or 64 of the
“ 23. Where a serving member becomes entitled to a gratuity under regulation 15, the amount of the gratuity is, in lieu of the amount that, but for this regulation, would be payable—
(a) in the case of a member who, on retirement, has not completed seven years’ notional eligible service—an amount determined in accordance with the following table, having regard to the number of years of notional eligible service completed by him. on his retirement:-—
Number of years of national eligible service completed before retirement | Male member | Female member |
$ | $ | |
1…………………………………… | 40 | 30 |
2…………………………………… | 80 | 60 |
3…………………………………… | 120 | 90 |
4…………………………………… | 160 | 120 |
5…………………………………… | 200 | 150 |
6…………………………………… | 240 | 180 |
(b) in the case of a male member who, on retirement, has completed seven years’ notional eligible service—an amount determined in accordance with the following table, having regard to the number of years of notional eligible service completed by him before 19th July, 1968, and before his retirement, respectively, together with, if he has completed thirteen years’ notional eligible service, an amount calculated at the rate of One hundred dollars for each year of notional eligible service completed by him in excess of twelve years:—
Number of years of notional eligible service completed before 19th July, 1968 | Number of years of notional eligible service completed before retirement | |||||
7 | 8 | 9 | 10 | 11 | 12 | |
$ | $ | $ | $ | $ | $ | |
0……………… | 340 | 440 | 540 | 760 | 980 | 1,200 |
1……………… | 340 | 440 | 540 | 740 | 940 | 1,140 |
2……………… | 340 | 440 | 540 | 720 | 900 | 1.080 |
3……………… | 340 | 440 | 540 | 700 | 860 | 1,020 |
4……………… | 340 | 440 | 540 | 680 | 820 | 960 |
5……………… | 340 | 440 | 540 | 660 | 780 | 900 |
6……………… | 340 | 440 | 540 | 640 | 740 | 840 |
7……………… | 280 | 380 | 480 | 580 | 680 | 780 |
8……………… | 320 | 420 | 520 | 620 | 720 | |
9……………… | 360 | 460 | 560 | 660 | ||
10……………… | 400 | 500 | 600 | |||
11……………… | 440 | 540 | ||||
12……………… | 480 | |||||
(c) in the case of a female member who, on retirement, has completed seven years’ notional eligible service—an amount determined in accordance with the following table, having regard to the number of years of notional eligible service completed by her before 19th July, 1968, and before her retirement, respectively, together with,
if she has completed thirteen years’ notional eligible service, an amount calculated at the rate of Fifty dollars for each year of notional eligible service completed by her in excess of twelve years:—
Number of years of notional eligible service completed before 19th July, 1968 | Number of years of notional eligible service completed before retirement | |||||
7 | 8 | 9 | 10 | 11 | 12 | |
$ | $ | $ | $ | $ | $ | |
0…………………. | 210 | 240 | 270 | 380 | 490 | 600 |
1………………… | 210 | 240 | 270 | 374 | 477 | 580 |
2………………… | 210 | 240 | 270 | 367 | 464 | 560 |
3………………… | 210 | 240 | 270 | 360 | 450 | 540 |
4………………… | 210 | 240 | 270 | 354 | 437 | 520 |
5………………… | 210 | 240 | 270 | 347 | 424 | 500 |
6………………… | 210 | 240 | 270 | 340 | 410 | 480 |
7………………… | 210 | 240 | 270 | 334 | 397 | 460 |
8………………… | .. | 240 | 270 | 327 | 384 | 440 |
9………………… | .. | .. | 270 | 320 | 370 | 420 |
10………………… | .. | .. | .. | 300 | 350 | 400 |
11………………… | .. | .. | .. | .. | 330 | 380 |
12………………… | .. | .. | .. | .. | .. | 360 |
“ 24. (1) In the application of this regulation to a serving member—
(a) a reference in this regulation to the officer pre-commencement rate shall be read as a reference to the rate of One hundred dollars per annum in the case of a male member and Fifty dollars per annum in the case of a female member;
(b) a reference in this regulation to the non-officer pre-commencement rate shall be read as a reference to the rate of Forty dollars per annum in the case of a male member, and Thirty dollars per annum in the case of a female member, in respect of the first twelve years included in the period to which the rate is applicable, and to the rate of One hundred dollars per annum in the case of a male member, and Fifty dollars per annum in the case of a female member, in respect of any subsequent part of that period;
(c) a reference in. this regulation to the officer post-commencement rate shall be read as a reference to the rate of One hundred and fifty dollars per annum in the case of a male member and Seventy-five dollars per annum in the case of a female member; and
(d) a reference in this regulation to the non-officer post-commencement rate shall be read as a reference to the rate of One hundred dollars per annum in the case of a male member and Fifty dollars per annum in the case of a female member.
“ (2) Where a serving member becomes entitled to a gratuity under regulation 16, the amount of the gratuity is, in lieu of the amount that, but for this regulation, would be payable, an amount equal to the sum of—
(a) an amount calculated at the officer pre-commencement rate if the member was an officer on his retirement, or at the non-officer pre-commencement rate if the member was not an officer on his retirement, in respect of the period of notional eligible service completed by the member before 19th July, 1968; and
(b) an amount calculated at the officer post-commencement rate if the member is an officer on his retirement, or at the non-officer post-commencement rate if the member is not an officer on his retirement, in respect of the period that is equal to the difference between—
(i) the period comprising the years of notional eligible service completed by the member on his retirement; and
(ii) the period of notional eligible service completed by the member before 19th July, 1968,
or, if sub-regulation (3) or (4) applies to the member, the amount provided for in that sub-regulation.
“ (3) Where the serving member is an officer on his retirement and was an officer on 19th July, 1968, but the period of his notional eligible service includes a period served by him before that date as a member other than an officer, the amount of the gratuity is the sum of—
(a) an amount calculated at the non-officer pre-commencement rate in respect of the period of notional eligible service completed by the member as a member other than an officer;
(b) an amount calculated at the officer pre-commencement rate in respect of the period of notional eligible service completed by the member after he became an officer and before 19th July, 1968; and
(c) an amount calculated at the officer post-commencement rate in respect of the period that is equal to the difference between—
(i) the period comprising the years of notional eligible service completed by the member on his retirement; and
(ii) the period of notional eligible service completed by the member before 19th July, 1968.
“ (4) Where the serving member is an officer on his retirement but was not an officer on 19th July, 1968, the amount of the gratuity is the sum of—
(a) an amount calculated at the non-officer pre-commencement rate in respect of the period of notional eligible service completed by the member before 19th July, 1968;
(b) an amount calculated at the non-officer post-commencement rate in respect of the period of notional eligible service completed by the member after 19th July, 1968, and before he became an officer; and
(c) an amount calculated at the officer post-commencement rate in respect of the period that is equal to the difference between—
(i) the period comprising the years of notional eligible service completed by the member on his retirement; and
(ii) the period of notional eligible service completed by the member before he became an officer.
“ 25. A person to whom deferred benefits cease to be applicable in respect of a period of eligible service by virtue of sub-section 78 (6) of the Act shall be paid gratuity under this Part in respect of that service as if deferred benefits had not been applicable to him.
“ 26. Where a gratuity has been paid to a person under this Part on the completion of his eligible service and—
(a) the person becomes a person who, under section 37 of the Act or on a review or an appeal under Part XI of the Act, is treated as if he had been retired on the ground of invalidity or of physical or mental incapacity to perform his duties, and is entitled to invalidity pay under the Act; or
(b) the person becomes a person to and in relation to whom the Act applies by reason of section 63 of the Act,
an amount equal to the amount of the gratuity paid to him under this Part is repayable to the Commonwealth by the person and may be recovered as a debt due and payable to the Commonwealth.
“ 27. An amount payable by a person to the Commonwealth under this Part may be paid in a lump sum, or in such instalments and at such time as the Service Board approves.
“ 28. (1) This regulation, applies to a person who—
(a) is, by sub-section 42a (13) of the previous Act, liable to pay to the Commonwealth an amount equal to the payment or the aggregate of the payments made to him under section 42a of the previous Act; and
(b) has not repaid that amount to the Commonwealth.
“ (2) Where the amount repayable to the Commonwealth, by a person to whom this regulation applies exceeds the amount of the gratuity that would be payable to that person under this Part, that person is not entitled to a gratuity under this Part.
“ (3) From the amount of any gratuity to which a person to whom this regulation applies becomes entitled under this Part, there shall be deducted aa amount equal to the amount referred to in paragraph 1 (a), and the person is only entitled to receive a payment of a gratuity under this Part of an amount equal to the amount by which the gratuity under this Part exceeds the amount (if any) referred to in paragraph 1 (a).
“ 29. (1) This regulation applies to a person who—
(a) retired in the period referred to in regulation 31; and
(b) is, by sub-section 59 (1) of the
Defence Forces Retirement Benefits Act 1973, liable to repay to the Fund an amount equal to the amount of a gratuity paid to him under the previous Act; and(c) has not repaid that amount to the Fund.
“ (2) Where the amount repayable to the Fund by a person to whom this regulation applies exceeds the amount of the gratuity that would be payable to that person under this Part, that person is not entitled to receive a gratuity under this Part.
“ (3) From the amount of any gratuity to which a person to whom this regulation applies becomes entitled by virtue of regulation 31, there shall be deducted an amount equal to the amount referred to in paragraph 1 (b), and the person is only entitled to receive payment of a gratuity under this Part of an amount equal to the amount (if any) by which the gratuity under this Part exceeds the amount referred to in paragraph 1 (b).
“ (4) Where sub-regulation (2) or (3) applies to or in relation to a person to whom this regulation applies, the Commonwealth shall pay to the Fund an amount equal to the amount of the gratuity that would otherwise have been payable to the person or an amount equal to the amount of the deduction, as the case requires, and an amount so paid shall be deemed to have been paid to the Fund on behalf of that person,
“ 30. (1) This regulation applies to a person who is entitled to a gratuity under this Part and who—
(a) has been paid a gratuity under the previous Act in respect of a period of his eligible service, or notional eligible service, and is liable to pay an amount equal to the amount of the last-mentioned gratuity; or
(b) has been paid, or is entitled to be paid, a gratuity under the Service Regulations in respect of a period of his eligible service, or notional eligible service.
“ (2) The amount of gratuity under this Part to which a person to whom sub-regulation (1) applies becomes entitled shall be reduced by an amount equal to the amount of the gratuity referred to in paragraph (1) (a) or (b) paid to the member or to which the member became entitled before he became entitled to a gratuity under this Part.
“ 31. Where a person retired in the period that commenced on 1st October, 1972, and ended on the day immediately preceding the commencement of this regulation, the person shall be entitled to a gratuity in accordance with this Part as if this Part had come into operation on 1st October, 1972.”.
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