Defence Force (Salaries) Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 216

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 seventeenth day of July 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 (SALARIES) REGULATIONS2

Interpretation

 1. Sub-regulation 4 (1) of the Defence Force (Salaries) Regulations is amended by omitting the definition “category MS member” and substituting the following definitions:

“ ‘category MS member’ means a male member who maintains a home for his dependants and—

• (a)

  who is prevented from residing in that home by the exigencies of the service; or

• (b)

  whose family is to be removed at the expense of the Commonwealth to the place at which he is required to live, but whose family is not removed to that place by reason that—

  • (i)

    he is unable to obtain suitable accommodation for his family at the place at which he is required to live;

  • (ii)

    he is unable to remove his family to that place by reason of illness or infirmity of a dependant of the member;

  • (iii)

    a removal of his family to that place would result in interference to the continuity of the secondary or tertiary education of his child; or

  • (iv)

    it is necessary for the member to continue to maintain his home at his former place of residence in the interests of his child who is serving an apprenticeship or is a handicapped child attending a school for handicapped children or a rehabilitation centre;

‘category MS member’ means, for the purposes of regulation 19, a male member who maintains a home for his dependants and is prevented by the exigencies of the service from residing in that home;”.

Separation allowance

 2. Regulation 12 of the Defence Force (Salaries) Regulations is amended by—

• (a)

  omitting sub-regulation 12 (1) and substituting:

  • “(1)

    Subject to this regulation, a member who lives away from his home for a continuous period exceeding 14 days and who during that period is—

    • (a)

      a category M member who is prevented from residing in his home by the exigencies of the service; or

    • (b)

      a category MS member,

shall be paid an allowance called ‘separation allowance’ at the rate of $2.10 per day for each day after the expiration of the period of 14 days of that continuous period.”; and

• (b)

  omitting sub-regulation 12 (5).

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 August 1980.

2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also