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

STATUTORY RULES

1970 No. 51

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*

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 1903-1966.

Dated this third day of April, 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 inserting after the words—

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

the words—

“Part IVb.—Australian Cadet Corps (Regulations 47d-47h).”.

2. After regulation 47 of the Military Financial (Pacific Islanders) Regulations the following Part is inserted:—

“Part IVb.—Australian Cadet Corps.

Interpretation.

“47d.—(1.) In this Part, unless the contrary intention appears—

‘cadet under officer’ means a person enrolled in the Australian Cadet Corps who holds the rank of cadet under officer and is a Pacific Islander;

‘member’ means an officer of cadets or a cadet under officer;

‘officer of cadets’ means a person who holds office as an officer of cadets and is a Pacific Islander.

“(2.) This Part does not apply to or in relation to the attendance of a member at a military school or course held for members of the Citizen Military Forces unless the commander of a formation has approved the attendance of the member at that school or course.

Officers of cadets—pay.

“47e.—(1.) Subject to the next succeeding sub-regulation, to regulation 47h of these Regulations and to such conditions as the Military Board determines, where an officer of cadets attends an annual camp of continuous training of his unit or a military school or course, being a camp, school or course that extends over a period of not less than seven consecutive days, he may be paid pay, in respect of his attendance, at the rate specified in sub-regulation (1.) of regulation 9 of these Regulations in relation to an officer of the Permanent Military Forces who holds the like rank as the officer of cadets holds and has less than one year’s service in that rank.

* 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, No. 6.

11045/70—Price 8c 10/18.3.70

 

“(2.) An officer of cadets is not entitled to be paid pay in respect of his attendance at a camp, school or course until the conclusion of the camp, school or course.

Service allowance.

“47f.—(1.) Subject to such conditions as the Military Board determines, an allowance, called ‘service allowance’, is payable to a member in accordance with a scale of rates determined by the Military Board.

“(2.) Service allowance is payable to a member in respect of each complete month during which he serves in the Australian Cadet Corps, as follows:—

(a)the allowance in respect of the member’s service during the whole or a part of a period of six months ended on a thirty-first day of December is payable to the member in the month of February next following the end of that period; and

(b)the allowance in respect of the member’s service during the whole or a part of a period of six months ended on a thirtieth day of June is payable to the member in the month of August next following the end of that period.

Camp allowance.

“47g.—(1.) Subject to the next succeeding sub-regulation and to regulation 47h of these Regulations, where a cadet under officer attends an annual camp of continuous training of his unit or a military school or course, being a camp, school or course that extends over a period of not less than seven consecutive days, he may be paid an allowance, called ‘camp allowance’, in respect of his attendance at the rate of Twelve cents per day.

“(2.) Camp allowance is not payable to a cadet under officer in respect of his attendance at a camp, school or course—

(a)unless a cadet under officers’ mess is established at the camp, school or course; or

(b)unless he takes his meals, in accordance with a direction given by his commanding officer, in an officers of cadets’ mess at the camp, school or course.

Condition applicable to payment of pay and camp allowance.

“47h.—(1.) Where an officer of cadets or a cadet under officer attends a camp, school or course for part only of the period over which the camp, school or course extends, this regulation applies to the officer of cadets or to the cadet under officer.

“(2.) Where the commander of a formation is satisfied, by the production of a medical certificate or other appropriate evidence, that a member to whom this regulation applies did not attend a camp, school or course during the whole of the period over which the camp, school or course extended because—

(a)the member was prevented by illness from completing the camp, school or course;

(b)the member was unable to report at the commencement of the camp, school or course for reasons beyond his control; or

(c) the member was authorized to leave the camp, school or course before its conclusion for reasons of urgency that arose while he was attending the camp, school or course,

the formation commander shall, by instrument under his hand, authorize payment of pay or camp allowance, as the case may be, to the member in respect of the period during which he attended the camp, school or course.

“(3.) Pay is not payable under regulation 47e of these Regulations to an officer of cadets to whom this regulation applies, and camp allowance is not payable under the last preceding regulation to a cadet under officer to whom

this regulation applies, in respect of his attendance during part of a camp, school or course, except in accordance with an instrument under the last preceding sub-regulation authorizing the payment of pay or camp allowance to the member.”.

Application.

3.—(1.) Pay, service allowance and camp allowance are payable to officers of cadets and to cadet under officers in respect of their service in the Australian Cadet Corps on and after the first day of July, 1969, as if Part IVb. of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations, and the first determinations made by the Military Board for the purpose of the regulations included in that Part, had come into operation on that date.

(2.) In the application of the provisions of Part IVb. of the Military Financial (Pacific Islanders) Regulations in accordance with the last preceding sub-regulation, sub-regulation (2.) of regulation 47f of those Regulations shall be read as requiring payment of service allowance in respect of a member’s service during the whole or a part of the period of six months ended on the thirty-first day of December, 1969, as soon as practicable after the commencement of these Regulations in lieu of in the month of February next following the end of that period.

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