Interim Forces Benefits (Leave on Discharge) Regulations (Cth)

STATUTORY RULES.

1947. No..

REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Interim Forces Benefits Act 1947.

Dated this fifth day of November, 1947.

W. J. McKell

Governor-General.

By His Excellency’s Command,

John J. Dedman

Minister of State for Post-war Reconstruction.

 

Interim Forces Benefits (Leave on Discharge) Regulations.

Citation.

1. These Regulations may be cited as the Interim Forces Benefits (Leave on Discharge) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“pay regulations” means, in relation to any member of the Interim Forces, the laws of the Commonwealth by which the rates and conditions of his remuneration are prescribed;

“the Act” means the Interim Forces Benefits Act 1947.

Payment in lieu of leave.

3.—(1.) A member of the Interim Forces who, under section 5 of the Act, is entitled to leave of absence on discharge, but—

(a.) is not granted that leave prior to his discharge; or

(b) has not, at the date of his discharge, completed that leave,

shall, subject to this regulation, be paid a sum equivalent to his pay for the period of leave, or the uncompleted period of leave, as the case may be.

(2.) For the purposes of this regulation, “pay” includes such allowances (other than exchange allowance) as would have been payable to the member, under the pay regulations, in respect of leave of absence with pay, if that leave had been granted and completed immediately prior to his discharge.

(3.) Where, during the period of a member’s service, he made an allotment of his pay, or a sum was ordered to be deducted from his pay and paid to or for the benefit of another person, under the pay regulations, a sum equivalent to the amount ascertained in accordance with the next succeeding sub-regulation shall be deducted from the sum

* Notified in the Commonwealth Gazette on , 1947.

5194—Price 3d. 10/25. 8.1947.

 

payable to the member under this regulation and shall be paid to the person to whom the allotment or the sum ordered to be deducted was payable:

Provided that, if, in the opinion of a prescribed authority under the pay regulations, payment cannot be made to the allottee or the person to whom the sum ordered to be deducted was payable, or the circumstances do not justify such payment, the prescribed authority shall direct that the sum be paid to the member.

(4.) The amount referred to in the last preceding sub-regulation shall be the amount which would, in accordance with the allotment or order, have been allotted or deducted if the period of the member’s service had been extended for the period of leave of absence in lieu of which the member is paid under this regulation.

Prescribed authorities.

4. For the purpose of forming the opinion referred to in sub-section (1.) of section 5 of the Act, the authority shall be—

(a) in relation to a member of the Naval Forces—the Naval Board;

(b) in relation to an officer of the Military Forces—the Adjutant-General;

(c) in relation to any member of the Military Forces other than an officer—the officer who authorizes the discharge of the member; and

(d) in relation to the Air Force—the Director of Personal Services.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.