Defence Force (Salaries) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE DEFENCE ACT 1903-1973, THE NAVAL DEFENCE ACT 1910-1973 AND THE AIR FORCE ACT 1923-1973.*
I,
THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive
Council, hereby make the following Regulations under the Defence Act 1903-1973, the
Dated this fifteenth day of May, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LANCE BARNARD
Minister of State for Defence.
_______
Amendments of the Defence Force (Salaries) Regulations
Part I—Preliminary
(2) The amendment effected by regulation 3 in its application to members other than members serving in Papua New Guinea shall be deemed to have come into operation on 29 November 1973.
Part II—Amendments of the Principal Regulations
“‘recreation leave’, in relation to a member of the Naval Forces means home service leave, foreign service leave or leave granted under regulation 144 of the Naval Forces Regulations;”.
“9a. (1) Subject to this regulation, a member who serves in a class A or class B locality shall, in respect of this service in that locality, be paid an allowance, called ‘post allowance’, at the rate of—
(a) in the case of a member who serves in a class A locality—$1,000 a year; or
* Notified in the
Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; and 1974, Nos. 71 and 77.
(b) in the case of a member who serves in a class B locality—$700 a year.
“(2) Post allowance is not payable to a member in respect of service in a class A or class B locality during a period when the member normally resides in that locality with a person who is—
(a) the spouse of the member; or
(b) living with the member on a permanent and
bona fide domestic basis as the spouse of the member,
being
a person who is paid, or is entitled to be paid, difficult post allowance under
the
“(3) Post allowance is not payable to a member in respect of service in a class A or class B locality during a period when the member normally resides with another member who is—
(a) the husband of the member; or
(b) living with the member on a permanent and
bona fide domestic basis as the husband of the member,
and who is entitled to be paid post allowance in respect of service in that locality during that period.
“(4) Where a member serves in a class A or class B locality for a period of less than one month, post allowance is not payable to that member in respect of his service during that period.
“(5) Where district allowance is payable to a member under the Service Financial Regulations in respect of a period of service, post allowance is not payable to that member in respect of that period.
“(6) Where a member is deemed, by virtue of sub-regulation (7), to serve in class A or class B locality during a period when he is required, through the exigencies of the service, to render a period of service in another locality and no dependant of the member remains in that first-mentioned locality during that period of service, post allowance is not payable to that member in respect of any part of that period of service exceeding 30 days.
“(7) Subject to sub-regulation (8), where a member serves in class A or class B locality and—
(a) takes a period of recreation leave;
(b) takes, in that locality, a period of furlough;
(c) takes, in that locality, a period of leave granted in respect of illness;
(d) is hopitalized for a period in that locality; or
(e) is required, through the exigencies of the service, to render a period of service in another locality,
he shall be deemed, for the purposes of this regulation, to have served in that first-mentioned locality during that period.
“(8) For the purposes of this regulation, where a member to whom post allowance is payable in respect of his service in a class A or class B locality takes a period of recreation leave and will not, immediately upon the completion of that period of recreation leave, resume his service in that locality—
(a) that period of recreation leave;
(b) a period of recreation leave equal to the period of recreation leave to which the member would have been entitled in respect of a period of 12 months service in that locality, being service of the same nature as the service rendered by the member in that locality; or
(c) a period of recreation leave equal to the period of recreation leave to which the member is entitled in respect of his service in that locality,
whichever is the lesser period, shall be deemed to be a period of service in that locality.
“(9) For the purposes of sub-regulation (8), a member shall be deemed to take recreation leave immediately on ceasing to serve in a class A or class B locality if—
(a) he takes recreation leave immediately on the expiration of a period of leave, being a period of leave continuous with a period of service in that locality, granted to him in respect of travel;
(b) he takes recreation leave immediately on the expiration of a period of sick leave or hospitalization which commenced on or before the date on which he so ceased to serve;
(c) through the exigencies of the service, the member is required to render a period of service before he can proceed on recreation leave and the member proceeds on recreation leave immediately upon completing that period of service.
“(10) Notwithstanding the provisions of regulation 21, post allowance does not accrue and is not payable to the member in respect of service in a class A or class B locality during the period of one month after the date on which the member begins to serve in that locality until the expiration of that period.
“(11) For the purposes of this regulation, a member shall be deemed to serve in a class A locality during a period when he serves in one of the following localities:—
(a) Dacca;
(b) Dar Es Salaam;
(c) Hanoi;
(d) Lagos;
(e) Peking;
(f) Phnom Penh;
(g) Rangoon;
(h) Saigon;
(i) Vientiane.
“(12) For the purposes of this regulation, a member shall be deemed to serve in a class B locality during a period when he serves in one of the following localities:—
(a) Accra;
(b) Ankara;
(c) Belfast;
(d) Bombay;
(e) Cairo;
(f) Calcutta;
(g) Colombo;
(h) Karachi;
(i) Nauru;
(j) Tel Aviv;
(k) Moscow;
(l) A post in Indonesia;
(m) A post in Papua New Guinea.”.
“(13) This regulation applies to a member who is posted to a locality in Australia or is serving in Australia.”.
(a) by omitting from the item relating to sub-regulation 152B (1) the words:—
“(h) Territory allowance;”;
(b) by omitting from the item relating to sub-regulation 152C (6) the letter “(h)”;
(c) by inserting after the item relating to sub-regulation 571c (2) the following item:—
“Sub-regulation 577 (1) omit definition of ‘unmarried member’, substitute the following:—
‘unmarried member’ means a category MS or category O member within the meaning of the Defence Force (Salaries) Regulations.”; and
(d) by inserting in the item relating to sub-regulation 578 (3), after the words:—
“Omit from paragraph (a) ‘if a married member’, the words:—
“Omit from paragraph (a) ‘and
Part III—Amendments of the Naval Financial Regulations*
(a) by omitting the definition of “Australia” in sub-regulation (1) and substituting the following definition:—
“Australia” includes the Territories of Australia other than Papua New Guinea;”; and
(b) by omitting the definition of “the New Guinea area” in sub-regulation (1).
Part IV—Amendments of the Military Financial Regulations
(a) by inserting in the definition of “oversea” after the word “Australia” the words “and includes Papua New Guinea”;
(b) by omitting from the definition of “Pacific Islander” the words “the New Guinea area” and substituting the words “Papua New Guinea”; and
(c) by omitting the definition of “the New Guinea area”.
* Statutory Rules 1956 No. 88, as
amended to date. For previous amendments to the Naval Financial Regulations see footnote to Statutory Rules 1974,
No. 74 and sec also Statutory Rules 1974, No. 74,
Statutory Rules 1966, No. 35, as amended by Statutory Rules 1966, Nos. 58, 87,
129 and 151; 1967, Nos. 24, 34, 111, 145 and 163; 1968, Nos. 49, 50, 62, 63, 111 and 154; 1969,
Nos. 6, 15, 53, 67, 97, 112, 118, 131, 132 and 169; 1970, Nos. 5, 46, 76, 102,
133, 157 and 175; 1971, Nos. 8, 45, 79, 98, 118, 131, 155 and 164; 1972, Nos.
25, 80, 127, 135, 145 and 197; and 1973, Nos. 88, 160, 171, 204 and 255.
Part V—Amendments of the Air Force Regulations*
“‘Territory’ means a Territory referred to in section 122 of the Constitution;”.
“‘Australia’ includes the Territories of Australia other than Papua New Guinea;”.
Part VI—Miscellaneous
(a) was, on 1 December 1973, serving in Papua New Guinea;
(b) was, on that date, entitled to be granted a period of recreation leave in respect of service rendered by the member in Papua New Guinea before that date;
(c) has not, after that date, taken a period or periods of recreation leave equal to or exceeding the first-mentioned period of recreation leave before returning for the first time after that date to Australia; and
(d) takes a period of recreation leave immediately upon returning to Australia,
shall be entitled to be paid an allowance in respect of that last-mentioned period of recreation leave or in respect of a period of recreation leave not exceeding the period by which the period of recreation leave referred to in paragraph (b) exceeds the period, or the aggregate of the periods, of recreation leave taken by the member before so returning to Australia, whichever is the lesser period.
(2) The amount of the allowance paid to a member under sub-regulation (1) in respect of a period of recreation leave shall be equal to the amount of—
(a) the amount of post allowance that would have been payable to the member if he had continued to serve in Papua New Guinea; or
(b) the amount of—
(i) in the case of a member of the Naval Forces—district allowances or territory allowance, or the amount of both of those allowances where both of those allowances were payable to that member immediately before 1 December 1973, to which the member would have been entitled under regulation 107 or 107a of the Naval Financial Regulations if that regulation had been continued to apply to the member during that period;
(ii) in the case of a member of the Military Forces—district allowance or territory allowance, or the amount of both
* Statutory Rules 1927, No. 161, as
amended to date. For previous amendments of the Air Force Regulations ee
footnote to Statutory Rules 1974, No. 76 and
allowances where both of those allowances were payable to that member immediately before 1 December 1973, to which the member would have been entitled under regulation 41 or 42 of the Military Financial Regulations that regulation had continued to apply to a member in respect of that period; or
(iii) in the case of a member of the Air Force—of district allowance or of an allowance payable under regulation 633A of the Air Force Regulations, or the amount of both of those allowances where both of those allowances were payable to the member immediately before 1 December 1973, to which the member would have been entitled under regulation 614 or 633A of those Regulations if that regulation had continued to apply to the member during that period, whichever is the greater amount.
(3) For the purposes of this regulation a member shall be deemed to serve in Papua New Guinea during a period (being a period which expires before the member takes a period of recreation leave in Australia)—
(a) granted in respect of travel between Papua New Guinea and Australia;
(b) of leave granted in respect of illness;
(c) during which the member is hospitalized in Papua New Guinea; or
(d) during which the member is, through the exigencies of the service, required to serve in Australia before he can proceed on recreation leave.
(a) whose service is terminated;
(b) who resided in Papua New Guinea at the time of his appointment or enlistment; and
(c) requests to be transported to the place where he so resided,
as if Papua New Guinea were a part of Australia.
(2) Regulation 81 of the Military Financial Regulations shall continue to apply to a member whose home, for the purposes of that regulation, was, before the date of commencement of this regulation, and continues, until the relevant time, to be, in Papua New Guinea and whose service is terminated on disciplinary grounds or for medical reasons occasioned by his own default as if Papua New Guinea were a part of Australia.
(3) Regulation 82 of the Military Financial Regulations shall continue, during the prescribed period, to apply to a member as if Papua New Guinea were a part of Australia.
(4) Regulation 84 of the Military Financial Regulations shall continue to apply to a member whose home, for the purposes of that regulation, was, before the date of commencement of this regulation, and continues, until the relevant time, to be, in Papua New Guinea as if Papua New Guinea were a part of Australia.
(5) Where a member who—
(a) is, on the date on which these Regulations are notified in the
Gazette , serving in Papua New Guinea; or(b) enlists in, or is appointed to, the Military Forces during the prescribed period and was residing in Papua New Guinea at the time of his enlistment or appointment,
is posted for service in Australia after that date and would, if Papua New Guinea were a part of Australia, have been entitled, under Division 11 of Part II of the Military Financial Regulations, to have his family and any of his furniture and
effects and the furniture and effects of any member of his family removed in accordance with that Division, the member shall be entitled, in respect of that posting, to the removal of his family and that furniture and those effects as if that Division continued to apply to the member.
(6) Sub-regulation (5) applies to the first removal of the
family of a member and any of his furniture and effects and the furniture and
effects of any member of his family after the date on which these Regulations
are notified in the
(7) Subject to sub-regulation (8), regulation 138A of the Military Financial Regulations shall continue, during the prescribed period, to apply to a member as if Papua New Guinea were part of Australia.
(8) In the continued application of regulation 138A of the Military Financial Regulations to a member by virtue of sub-regulation (7), the reference in sub-regulation 138A (2) to twelve months shall be read as a reference to six months.
(9) Regulations 132 and 133 of the Military Financial
Regulations shall continue to apply to a member who is, on the date on which
these Regulations are notified in the
(10) In this regulation—
“member” means a member of the Military Forces;
“the prescribed period” means the period commencing on 1 December 1973 and ending on the date on which Papua New Guinea becomes an independent sovereign state.
(a) the cost and inconvenience of his removal and the removal of his dependants (if any) to Papua New Guinea;
(b) the cost of the education of his dependants;
(c) the cost of accommodation for himself and for his dependants (if any);
(d) the cost of living in Papua New Guinea of himself and of his dependants (if any),
and would, if he had been entitled to receive a greater amount in the form of an allowance or allowances in respect of those matters if he had, during that period, been entitled to receive the allowances which he is entitled to receive on and after that date at the rate applicable to service in Papua New Guinea on that date, he shall he paid an allowance equal to the difference between that amount and that higher amount.
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