Military Financial (Pacific Islanders) Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No. 174

REGULATIONS UNDER THE DEFENCE ACT 1903–1970.*

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 Defence Act 1903–1970.

Dated this sixth day of November, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

Amendments of the Military Financial (Pacific Islanders) Regulations

Parts.

1. Regulation 2 of the Military Financial (Pacific Islanders) Regulations is amended by omitting the words—

“Part IVa.—Papua and New Guinea Volunteer Rifles (Regulations 47a-47c).”.

and inserting in their stead the words—

“Part IVa.—Papua and New Guinea Volunteer Rifles (Regulations 47a-47ca).”.

Application.

2. Regulation 3 of the Military Financial (Pacific Islanders) Regulations is amended by omitting the word “Permanent”.

Pay.

3. Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting the table in sub-regulation (4.) and inserting in its stead the following table:—

Length of service as an apprentice	Rate per week
$
Less than one year’s service as an apprentice	3.22
Not less than 1year’s service as an apprentice but less than 2 years’ service as an apprentice	4.72
Not less than 2 years’ service as an apprentice but less than 3 years’ service as an apprentice	6.22
Not less than 3 years’ service as an apprentice	8.22

4. Regulation 14 of the Military Financial (Pacific Islanders) Regulations is repealed and the following regulation inserted in its stead:—

Higher duties allowance.

“14.—(1.) Subject to the succeeding sub-regulations of this regulation, where a member holding a rank lower than the rank for the position on the establishment of a part of the Military Forces performs temporarily the full duties of the position and a condition specified in the next succeeding sub-regulation is fulfilled in relation to the performance of the duties, an allowance, called ‘higher duties allowance’, is payable to the member.

*Notified in the Commonwealth Gazette on  1970.

  Statutory Rules 1966, No. 105 as amended by Statutory Rules 1966, No. 162; 1967, No. 124; 1968, No. 61; 1969, No. 199; and 1970, Nos. 6, 51 and 102.

22210/70—Price 8c 10/13.10.1970

“(2.) For the purpose of this regulation, the conditions are—

(a) that the member is performing the full duties of a position on an establishment to which he is posted but has not been promoted to the rank for the position; or

(b)that the member is performing the full duties of a position on an establishment in pursuance of a direction given by an appropriate authority—

(i) during the absence of the member posted to the position on leave, on furlough, on account of sickness or as a result of disciplinary action;

(ii) during a vacancy in the position; or

(iii) during an absence of the member posted to the position in the course of performing duties associated with the position.

“(3.) Where a member performs the full duties of a position on a particular occasion, but—

(a) for less than five consecutive working days; or

(b)for any other period that does not comprise, or include, a period of five consecutive working days on each of which he performs the full duties of the position,

higher duties allowance is not payable to the member in respect of any day in the period under any provision of this regulation, whether or not it is a day on which he performs the full duties of the position.

“(4.) For the purposes of ascertaining whether a member who has performed the full duties of a position during a period has performed them on each of five consecutive working days—

(a) a day, being a unit rest day or public holiday, in the period on which the member is absent from duty shall be deemed not to be a working day;

(b)the working day immediately preceding, and the working day immediately following, a day referred to in the last preceding paragraph shall be taken to be consecutive working days; and

(c) the member shall not be taken to have performed the full duties of the position on a working day, being a unit rest day, a public holiday or a day on which he is absent from duty on recreational leave or emergency leave or while sick, by reason only of being entitled under a succeeding sub-regulation of this regulation to higher duties allowance in respect of that day.

“(5.) Where a member performs temporarily the full duties of a position on the establishment of a part of the Military Forces during a period, higher duties allowance is not payable in respect of any day during that period on which the member is absent from duty on recreation leave.

“(6.) Subject to sub-regulation (3.) of this regulation, where a member performs temporarily the full duties of a position on the establishment of a part of the Military Forces during a period (in this sub-regulation referred to as ‘the specified period’), and a condition specified in sub-regulation (2.) of this regulation is fulfilled in relation to the performance of the duties, higher duties allowance is payable to the member in respect of—

(a)a day, being a unit rest day or public holiday, in the specified period on which the member is absent from duty; and

(b) a prescribed period, not being a period that consists of or includes the last day in the specified period, included in the specified period during which the member is absent from duty on emergency leave or while sick, notwithstanding the fact that the member does not perform any of the duties of the position on that day or during that prescribed period.

 

“(7.) For the purpose of the last preceding sub-regulation, each of the following periods is a prescribed period:—

(a) a single day;

(b) two consecutive days; or

(c) three consecutive days.

“(8.) Subject to sub-regulation (3.) of this regulation, where—

(a) a member performs temporarily the full duties of a position on the establishment of a part of the Military Forces during a period (in this sub-regulation referred to as ‘the specified period’) and a condition specified in sub-regulation (2.) of this regulation is fulfilled in relation to the performance of the duty;

(b)the specified period includes a Christmas Day and the next following New Year’s Day; and

(c) the member is absent from duty on recreation leave on the working days between that Christmas Day and that New Year’s Day,

higher duties allowance is payable to the member in respect of any public holidays in the period from and including that Christmas Day to and including that New Year’s Day if the member continues to perform temporarily the full duties of the position on the first working day after that New Year’s Day.

“(9.) Higher duties allowance is payable from and including the day on which the acting member commences to perform the duties of the position.”.

5. After regulation 47C of the Military Financial (Pacific Islanders) Regulations the following regulation is inserted in Part IVa:—

Pay.

“47ca.—(1.) The rate of pay of a member who holds the rank of Sergeant or a lower rank is the rate per day specified in relation to his rank, and where relevant, his age in the following table:—

Rank and Age	Rate per day
$
Sergeant........................................................................................................................	3.32
Corporal........................................................................................................................	2.84
Lance Corporal.............................................................................................................	2.24
Private who has attained the age of 21 years...............................................................	0.78
Private who has not attained the age of 21 years.........................................................	0.56

“(2.) The rate of pay of a member who is a chaplain is the rate per day specified in relation to his classification in the following table:—

Classification	Rate per day
$
Chaplain, Third Class (Major)......................................................................................	5.86
Chaplain, Fourth Class (Captain).................................................................................	5.42”.

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