Defence Force (Reserves) (Financial) Regulations (Amendment) (Cth)

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Statutory Rules 1981 No. 3371

Defence Force (Reserves) (Financial) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.

Dated 19 November 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

KEVIN NEWMAN

Minister of State for Administrative Services for and on behalf of the Minister of State for Defence

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1. Regulation 15 of the Defence Force (Reserves) (Financial) Regulations is repealed and the following regulation substituted:

Rations and quarters charge

“15. (1) Where a member, during a period in which he renders reserve service—

(a) lives in in service accommodation; and

(b) is not required, by reason of that reserve service, so to live in,

a deduction, by way of a rations and quarters charge, shall be made from pay due to that member at the rate per day ascertained in accordance with the table in sub-regulation 19 (1) of the Defence Force (Salaries) Regulations.

“(2) For the purposes of sub-regulation (1), in the calculation of a rations and quarters charge in respect of a period of more than 1 day—

(a) the first day of that period shall be taken into account; and

(b) the last day of that period shall not be taken into account.

 

“(3) For the purposes of sub-regulation (1), a reference—

(a) in the table in sub-regulation 19 (1) of the Defence Force (Salaries) Regulations; or

(b) in a schedule to those Regulations referred to in that table,

to a member or an officer shall be read as a reference to a member or an officer, respectively, within the meaning of these Regulations.

“(4) In this regulation “live in” has the same meaning in relation to a member as it has in the Defence Force (Salaries) Regulations in relation to a member within the meaning of those Regulations.”.

Application

2. (1) These Regulations apply in relation to reserve service after 10 March 1981.

(2) Where, in relation to reserve service on a day after 10 March 1981, a member has had an amount deducted under regulation 15 of the Defence Force (Reserves) (Financial) Regulations as in force before the commencement of these Regulations from pay due to him and where, after the commencement of these Regulations, he is not liable to have an amount by way of a rations and quarters charge deducted in respect of that day from the pay due to him, that member is entitled to an amount equal to the amount so deducted from his pay in respect of that day.

(3) Where, in relation to reserve service on a day after 10 March 1981, a member has had an amount deducted under regulation 15 of the Defence Force (Reserves) (Financial) Regulations as in force before the commencement of these Regulations from pay due to him, and where, after the commencement of these Regulations, he is liable to have an amount equal to that amount deducted in respect of that day from pay due to him, the amount deducted under section 15 of the Defence Force (Reserves) (Financial) Regulations as in force immediately before the commencement of these Regulations shall be regarded as having been deducted by way of a rations and quarters charge under the Defence Force (Reserves) (Financial) Regulations as amended by these Regulations.

(4) Notwithstanding the amendments of the Defence Force (Reserves) (Financial) Regulations made by these Regulations, where, in relation to reserve service on a day after 10 March 1981 and before the commencement of these Regulations, a member has not had an amount deducted under regulation 15 of the Defence Force (Reserves) (Financial) Regulations as in force before the commencement of these Regulations from pay due to him and where, after the commencement of these Regulations, he would, but for the operation of this sub-regulation, have been liable to have had an amount by way of a rations and quarters charge deducted in respect of that day from pay due to him, that member shall not be so liable.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 November 1981.

2. Statutory Rules 1976 No. 16 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 11 and see also

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