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

Statutory Rules

1980 No. 83

REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231

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 this seventeenth day of April 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

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 (Reserves) (Financial) Regulations2

Interpretation

 1. Regulation 2 of the Defence Force (Reserves) (Financial) Regulations is amended by inserting the following sub-regulation after sub-regulation (2):

• “(2A)

  A chaplain in the Navy shall, for the purposes of these Regulations, be deemed to hold a rank.”.

Service of a member in a rank

 2. Regulation 12 of the Defence Force (Reserves) (Financial) Regulations is amended —

• (a)

  by omitting from sub-regulation (2) “and (13)” and substituting “, (13), (15) and (16)”; and

• (b)

  by adding at the end thereof the following sub-regulations:

  • “(15)

    A chaplain in the Navy shall, for the purpose of paragraph (2) (a), be deemed to have had, during the period of 2 training years that ended on 30 June 1977, each previous period of the same duration and the period that commenced on 1 July 1977 and ended on 2 August 1977, the training commitment specified in the instrument of determination and exemption dated 3 August 1977 made under sub-regulations 201 (2) and (8) of the Naval Forces Regulations and shall be entitled to the payment of salary increments that would have been payable to him if this sub-regulation had come into force on 1 July 1975.

  • “(16)

    A chaplain in the Air Force shall, for the purpose of paragraph (2) (a), be deemed to have had, during the period of 1 training year that ended on 30 June 1977 and each previous period of the same duration, the training commitment specified in the determination dated 30 June 1977 made under sub-regulation 443 (1) of the Air Force Regulations and shall be entitled to the payment of salary increments that would have been payable to him if this sub-regulation had come into force on 1 July 1975.”.

Deduction for rations and quarters

 3. Regulation 15 of the Defence Force (Reserves) (Financial) Regulations is amended —

• (a)

  by omitting from sub-regulation (1) “sub-regulation (2)” and substituting “sub-regulations (2) and (3)”; and

• (b)

  by adding at the end thereof the following sub-regulation:

  • “(3)

    A deduction under sub-regulation (1) shall not be made from the pay of a member in respect of a period of reserve service that is not less than 96 hours in duration where —

    • (a)

      the member would have become entitled during that period, but for his undertaking that period of reserve service, to receive unemployment benefits under the Social Securities Act 1947; or

    • (b)

      immediately before the commencement of that period of reserve service, the member was in receipt of unemployment benefits under the Social Services Act 1947 and those benefits ceased to be payable to him by reason only of his undertaking that period of reserve service.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 April 1980.

2. Statutory Rules 1976 No. 16 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 10 and see also