Defence Force (Bounties and Gratuities) Regulations (Cth)

Statutory Rules

1973 No. 110

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 Defence Act 1903-1970, the Naval Defence Act 1910-1971 and the Air Force Act 1923-1965.

Dated this eighth day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

 

DEFENCE FORCE (BOUNTIES AND GRATUITIES) REGULATIONS

Part I—Preliminary

Citation.

1. These Regulations may be cited as the Defence Force (Bounties and Gratuities) Regulations.

Interpretation.

2. In these Regulations, “the Permanent Forces” means the Permanent Naval Forces, the Permanent Military Forces or the Permanent Air Force.

Part II—Re-engagement Bounty

Interpretation.

3. (1) In this Part—

“member” means—

(a) a male or female member of the Permanent Naval Forces other than—

(i) an officer;

(ii) a member who is a member within the meaning of the Naval Forces (Papua New Guinea Division) Regulations; or

(iii) a female member who is undergoing training under the Women’s Royal Australian Naval Service Officer Training Scheme while she is undergoing training;

 

* Notified in the Commonwealth Gazette on 8 June 1973.

 

(b) a male or female member of the Australian Regular Army or the Regular Army Supplement, other than—

(i) an officer;

(ii) a member who is a member within the meaning of the Military Financial (Pacific Islanders) Regulations; or

(iii) a male member who is a student at an Officer Training Unit or at an Officer Cadet School or a female member who is a student at an Officer Cadet Course at the Women’s Royal Australian Army Corps School while he or she is such a student;

(c) a male or female member of the Permanent Air Force other than—

(i) an officer; or

(ii) an air cadet while he is an air cadet or a cadet aircrew while he is a cadet aircrew;

“prescribed period of service ” means—

(a) in relation to a member other than an eligible member referred to in paragraph (b) or (c)—a continuous period of not less than six year’s service;

(b) in relation to a member who enlisted—

(i) as an apprentice in the Naval Forces;

(ii) as an apprentice, other than as an apprentice musician in the Military Forces; or

(iii) as an airman apprentice in the Air Force,

and successfully completed his course of apprenticeship training—a continuous period of not less than nine years’ service; or

(c) in relation to a member who enlisted as an apprentice musician in the Military Forces and successfully completed his course of apprenticeship training—a continuous period of not less than eight years’ service.

(2) Where a member who enlisted as an apprentice in the Naval Forces, as an apprentice or an apprentice musician in the Military Forces or as an airman apprentice in the Air Force, does not complete his course of apprenticeship raining, the period during which the member was undergoing his course of apprenticeship training shall be disregarded for the purpose of ascertaining whether he has completed, for the purposes of this Part, the prescribed period of service applicable to him.

Payment of re-engagement bounty to members who have completed prescribed period of service before commencement of Regulations.

4.(1) This sub-regulation applies to a member—

(a) who is a member on the date of commencement of these Regulations and is, on that date, bound, or becomes, after that date, bound, to serve for a period that will expire on or after 6th December, 1975;

(b) who had, before or on 7th December, 1972, become entitled to be discharged for the reason that he had completed the period for which he was, on his original enlistment or subsequent re-engagement, engaged to serve but was not discharged by reason that he had, before becoming entitled to be discharged, re-engaged to serve as a member; and

(c) who had, on or before the date on which he would have become entitled to be discharged, completed a continuous period of service of not less than the prescribed period of service applicable to the member and has continued to serve continuously since that date.

(2) This sub-regulation applies to a member—

(a) who is a member on the date of commencement of these Regulations;

(b) who, on the 7th December, 1972, was serving on his original enlistment or on a subsequent re-engagement for a period that will expire on or after 6th December, 1975; and

(c) had on or before that date completed not less than the prescribed period of service applicable to the member,

(3) This sub-regulation applies to a member—

(a) who is a member on the date of commencement of these Regulations;

(b) who had, in the period that commenced on 7th December, 1972, and ended on the day immediately before the commencement of these Regulations, become entitled to be discharged for the reason that he had completed the period of service for which he was, on his original enlistment or subsequent re-engagement engaged to serve but was not discharged by reason that he had, before becoming entitled to be discharged, re-engaged to serve for a period of not less than three years; and

(c) who had, on or before the date on which he would have become entitled to be discharged, completed a continuous period of service of not less than the prescribed period of service applicable to him and has continued to serve as a member continuously since that date.

(4) This sub-regulation applies to a member—

(a) who is a member on the date of commencement of these Regulations;

(b) who had, in the period that commenced on the 7th December, 1972, and ended on the day immediately before the commencement of these Regulations, completed the prescribed period of service applicable to the member; and

(c) who was, on the date on which he completed the prescribed period of service applicable to the member, bound to serve for further period of not less than three years after that date.

(5) A bounty, called "re-engagement bounty”, is payable to a member to whom sub-regulation (1), (2), (3) or (4) applies.

Payment of re-engagement bounty to persons who complete prescribed period of service after commencement of these Regulations.

5.(1) This sub-regulation applies to a member—

(a) who, on or after the commencement of these Regulations, becomes entitled to be discharged by reason that he has completed the period for which, on his original enlistment or subsequent re-engagement, he has engaged to serve;

(b) who is not discharged on the date on which he would have become entitled to be discharged for the reason that he has re-engaged to serve for a further period of not less than three years; and

(c) who has, on the date on which he would have become entitled to be discharged, completed the prescribed period of service applicable to the member.

(2)This sub-regulation applies to a member—

(a) who, on or after the commencement of these Regulations, completes the prescribed period of service applicable to the member; and

(b) who is, on the date on which he completes the prescribed period of service applicable to the member, bound to serve for a further period of not less than three years.

(3)A bounty, called “re-engagement bounty”, is payable—

(a) to a member to whom sub-regulation (1) applies on the date on which he commences to serve the further period of not less than three years referred to in that sub-regulation; and

(b) to a member to whom sub-regulation (2) applies on the date on which he completes the prescribed period of service applicable to the member referred to in that sub-regulation.

Re-engagement bounty not payable in certain cases.

6. (1) Re-engagement bounty is not payable to a member who would otherwise be entitled to payment of re-engagement bounty if re-engagement bounty has been paid to him under this Part on a former occasion.

(2) Re-engagement bounty is, notwithstanding sub-regulations 4 (5) and 5(3), not payable to a member to whom sub-regulation 4(1), 4(2), 4(3), 4(4), 5 (1) or 5 (2) applies if the member will attain the prescribed age for retirement applicable to the member before—

(a) in the case of a member to whom sub-regulation 4(1) or 4(2) applies—6th December, 1975; or

(b) in any other case—the date until which he would otherwise be bound to serve.

Recovery of portion of re-engagement bounty where appropriate period of service is not served.

7.(1) Subject to this regulation, a person to whom re-engagement bounty under this Part has been paid as a member is liable to repay to the Commonwealth an amount equal to the difference between One thousand dollars and an amount equal to the prescribed amount applicable to the person if the person is discharged or dismissed from the Permanent Naval Forces, the Permanent Military Forces or the Permanent Air Force, as the case requires, and the person has not on the day on which he is discharged or dismissed completed three years’ effective service as a member after the date on which re-engagement bounty is deemed to have become payable to the member.

(2) Sub-regulation (1) does not apply to or in relation to a person—

(a) who, upon being discharged, is immediately appointed an officer of the Permanent Forces;

(b) who, upon being discharged, is immediately enlisted again in the part of the Permanent Forces in which the member was serving or the member is immediately enlisted in another part of the Permanent Forces;

(c) who is discharged as medically unfit and his unfitness was not due to the member’s serious default or wilful act;

(d) who is discharged from the Permanent Forces for reasons beyond his control; or

(e) who is discharged upon his own request on compelling compassionate or personal grounds.

(3) Notwithstanding sub-regulation (2), where a person referred to in paragraph (a) or (b) of that sub-regulation ceases, for a reason other than death or a reason specified in paragraph (c), (d) or (e) of that sub-regulation, to be an officer or a member of the Permanent Forces before the expiration of a period of three years’ effective service after the date on which re-engagement bounty is deemed, for the purposes of this regulation, to have become payable to the person, the person is liable to repay to the Commonwealth an amount equal to the difference between One thousand dollars and an amount equal to the prescribed amount applicable to the person.

(4) For the purposes of this regulation, re-engagement bounty shall be deemed to have become payable—

(a) to a member to whom sub-regulation 4(1) or 4(2) applies on the 7th December, 1972;

(b) to a member to whom sub-regulation 4 (3) or 5 (1) applies on the date on which the member commenced to serve the period of not less than three years referred to in paragraph (b) of whichever of those sub-regulations is applicable; and

(c) to a member to whom sub-regulation 4 (4) or 5 (2) applies on the date on which the member completed the prescribed period of service referred to in paragraph (b) of whichever of those sub-regulations is applicable.

(5) In this regulation, “effective service” means continuous full time service as a member of the Permanent Forces, excluding any period or periods of non-effective service by the member.

(6) For the purposes of this regulation, any period exceeding twenty-one consecutive days during which a member is—

(a) on leave of absence without pay;

(b) absent without leave;

(c) in custody or under suspension awaiting or undergoing trial on a charge in respect of an offence of which he was later convicted and awarded imprisonment, detention or field punishment; or

(d) undergoing field punishment, detention or imprisonment,

is a period of non-effective service by the member.

(7) In this regulation, a reference to the prescribed amount applicable to a person shall be read as a reference to an amount that bears to One thousand dollars the same proportion as the number of days in the period of notional effective service of the person bears to the number of days in three years, namely, 1095 days.

(8) Subject to the next succeeding sub-regulation, a reference to the number of days in the period of notional effective service of a person shall be read as a reference to the number of days in the period of the effective service of the person as a member or officer after the date on which re-engagement bounty is deemed to have become payable to the person.

(9) Where, in the period of service of a person as a member or officer after the date on which re-engagement bounty is deemed to have become payable to a person, a period of non-effective service by the person as a member or officer has occurred or two or more periods of non-effective service by the person as a member or officer have occurred and the number of days in that period of non-effective service or the total number of days in those periods of non-effective service exceed thirty days, the reference to the number of days in the period of notional effective service by the member shall be read as a reference to the number of days ascertained by deducting from the number of days in the period of the effective service of the person as a member or officer after the date on which re-engagement bounty is deemed to have become payable to the person a number of days equal to the number by which the number of days in that period of non-effective service or the total number of days in those periods of non-effective service exceeds thirty days.

Deduction of amounts re-payable to the Commonwealth.

8. Without prejudice to the right of the Commonwealth to recover by other means an amount payable to the Commonwealth under sub-regulation 7(1) or 7 (3), that amount may be deducted from any moneys that are, or become, payable to the member under Regulations in force under the Defence Act 1903-1970, the Naval Defence Act 1910-1971 or the Air Force Act 1923-1965.

Re-engagement bounty payable to certain persons who are no longer members.

9.