Defence Force (Furlough) Regulations (Amendment) (Cth)

Statutory Rules

1980No. 147

INTERIM DETERMINATION UNDER THE DEFENCE

AMENDMENT ACT 19791

I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this fourth day of June 1980.

J. E. MCLEAY

Minister of State for Administrative Services

for and on behalf of the

Minister of State for Defence

AMENDMENTS OF THE DEFENCE FORCE (FURLOUGH) REGULATIONS2

Salary of a member

 1. Regulation 10 of the Defence Force (Furlough) Regulations is amended by —

• (a)

  omitting from sub-paragraph (i) of paragraph (c) of sub-regulation (1) “regulation” and substituting “provision”;

• (b)

  omitting from sub-paragraph (i) of paragraph (c) of sub-regulation (2) “regulation” (second occurring) and substituting “provision”;

• (c)

  omitting from paragraph (b) of sub-regulation (3) “, 24, 40, 76 or 76A” and substituting “or 40”;

• (d)

  omitting from paragraph (b) of sub-regulation (3) “, regulation 33, 33A or 34 of the Military Financial Regulations or regulations 553, 553A, 553B, 553C or 556F of the Air Force Regulations;”;

• (e)

  inserting at the end of paragraph (b) of sub-regulation (3) “or Determination 0106, Flying Allowance; Determination 0107, Flight Duties Allowance, other than clause 4; Determination 0108, Parachutist Allowance, other than paragraph 3 (b); Determination 0109, Special Air Service Allowance; Determination 0110, Clearance Diving Allowance, other than paragraphs 3 (b) and 3 (c); Determination 0113, Trainee Leader’s Allowance; Determination 0114, Married Trainee’s Allowance; and Determination 0204, Submarine Service Allowance; being Determinations made under section 58B of the Defence Act 1903;”;

• (f)

  omitting from paragraph (c) of sub-regulation (3) “or 47 of the Military Financial Regulations” and substituting “of the Military Financial Regulations or a determination under the Military Financial Regulations in relation to service in Antarctica”; and

• (g)

  omitting paragraph (a) of sub-regulation (7) and substituting —

  • “(a)

    where the member is granted furlough —

    • (i)

      the day on which the period of furlough begins; or

    • (ii)

      where a member is entitled to Submarine Service Allowance under Determination 0204, Submarine Service Allowance, and who prior to the day on which the period of furlough begins is serving in a posting other than a posting to a seagoing submarine by virtue of having been posted from that submarine for the purpose of proceeding on furlough on compassionate grounds, and immediately following completion of that furlough, is liable to return to a posting to a seagoing submarine—the last day during which the member was serving on that submarine prior to posting for the purpose of proceeding on furlough on compassionate grounds; or”.

Application

 2. Subject to clause 3, the Defence Force (Furlough) Regulations as amended by paragraphs (a), (b), (e) and (g) of clause 1 shall apply in respect of a grant of furlough that commences, or a payment in lieu of furlough in respect of a member who ceases to be a member —

• (a)

  in the case of a member of the Air Force—on or after 7 June 1979; and

• (b)

  in the case of a member of the Navy or Army—on or after 8 June 1979.

Transitional

 3. For the purposes of the amendments to the Defence Force (Furlough) Regulations made by paragraph (e) of clause 1 the amount of an allowance referred to in column 2 of the following table, to be included in salary under sub-regulation 10 (3) of those regulations during the period commencing on —

• (a)

  7 June 1979 in the case of a member of the Air Force; or

• (b)

  8 June 1979 in the case of a member of the Navy or the Army,

and ending on the date of making under section 58B of the Defence Act 1903 of a Determination referred to in column 2 of that table is—where in respect of that period a member had an entitlement to an allowance under a regulation specified in column 1 of that table—the amount that would have been payable to the member during that period if he had been entitled during that period to an allowance under a Determination or a provision of a Determination specified in column 2 of that table opposite that regulation.

Column 1

Regulation

Column 2

Determination or provision of a Determination made under section 58B of the Defence Act 1903

Regulation 17 of the Defence Force (Salaries) Regulations

Determination 0110, Clearance Diving Allowance, other than paragraphs 3 (b) and 3 (c)

Regulation 30 or 79B of the Naval Financial Regulations

Determination 0113, Trainee Leader’s Allowance

Regulation 15 of the Defence Force (Salaries) Regulations

Determination 0204, Submarine Service Allowance

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 June 1980.

2. Statutory Rules 1979 Nos. 21, 256 and 260; 1980 No. 93.