Military Financial (Pacific Islanders) Regulations (Amendment) (Cth)
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
Dated this eighteenth day of January, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
R. BISHOP
Minister of State for Repatriation for and on behalf of the Minister of State for the Army.
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Amendments of the Military Financial (Pacific Islanders) Regulations
“ 2. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1-8).
Part II.—Pay and Allowances.
Division 1a.—Introductory (Regulation 9a).
Division 1.—Pay (Regulations 9-13).
Division 2.—Allowances (Regulations 14-20d).
Division 2a.—Gratuities (Regulation 20e).
Division 3.—Allotments (Regulations 21-30).
Part III.—Travel at the Expense of the Department (Regulations 30a-43).
Part IV.—Training at Civilian Establishments (Regulations 43A-47).
Part IVa.—Citizen Military Forces (Regulations 47a-47ch).
Part IVB.—Australian Cadet Corps (Regulations 47d-47j).
Part V.—Miscellaneous (Regulations 48-57).”.
(
a ) by omitting from sub-regulation (1.) the definition of “ member ” and inserting in its stead the following definition:—
“ ‘ member ’ means a male member of the Military Forces who is a Pacific Islander;”;
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* Notified in the
Statutory Rules 1966, No. 105, as amended by Statutory
Rules 1966, No. 162; 1967, No
(
b ) by omitting from sub-regulation (1.) the definition of "Pacific Islander "; and(
c ) by inserting after sub-regulation (1.) the following sub-regulation:—“ (1A.) A male member of the Military Forces is a Pacific Islander for the purpose of these Regulations—
(
a ) in the case of such a member who was serving in the Military Forces immediately before the date of commencement of this sub-regulation—if these Regulations as in force before that date applied to and in relation to his service before that date; or(
b ) in the case of any other male member of the Military Forces—if the member agreed, upon enlisting in, or being appointed an officer of, the Military Forces, to serve on the terms and conditions provided for under these Regulations.”.
“
“ 9a. In this Part, unless the contrary intention appears, ‘ member ’ means a member of the Australian Regular Army or the Regular Army Supplement who is a Pacific Islander.”.
Classification and length of service in the classification | Rate per day | |
Chaplain, Third Class (Major)— | $ | |
With less than 1 years’ service in the classification......................... | 7.66 | |
With not less than 1 year's service in the classification.................. | 7.93 | |
Chaplain, Fourth Class (Captain)— | ||
Withless than 1 year’s service in the classification......................... | 7.11 | |
With not less than 1 year’s service in the classification.................. | 7.39 | |
“ 20d. Where patrol allowance or sea-going allowance is payable to a member in respect of service during a night, the member is entitled to be paid in respect of the service—
(
(
b ) if the night is included in a period of more than thirty consecutive nights In respect of which the member is entitled to be paid patrol allowance or sea-going allowance—an additional amount of Ninety cents.”.
“
“ 20e.—(1.) An annuity, at the rate of Two hundred and fifty dollars per year, is payable to a member on whom has been conferred the decoration of the Victoria Cross.
“ (2.) The annuity referred to in the last preceding sub-regulation is payable from and including the day of the act in respect of which the decoration is conferred.
“ (3.) Where a member in receipt of an annuity under sub-regulation (1.) of this regulation dies before he has been paid instalments of the annuity amounting in the aggregate to One hundred and twenty-five dollars, a sum equal to the amount by which the aggregate of those instalments is less than One hundred and twenty-five dollars is payable to his estate.
“ (4.) Where the decoration of the Victoria Cross is conferred posthumously on a deceased member, an amount of One hundred and twenty-five dollars is payable to his estate.
“ (5.) Where a member, other than an officer, is awarded the Military Cross, the Distinguished Conduct Medal, the Conspicuous Gallantry Medal, the Distinguished Service Medal, the Military Medal or the Distinguished Flying Medal, a gratuity of Forty dollars is payable to the member.
“ (6.) Where a member (other than an officer) who has been awarded a cross or medal specified in the last preceding sub-regulation is awarded a bar to the cross or medal, an additional gratuity of Forty dollars is payable to him.
“ (7.) Gratuity is payable to a member under the last two preceding sub-regulations—
(
(
“ (8.) Where a member entitled to payment of a gratuity under sub-regulation (5.) or (6.) of this regulation dies 'before the gratuity is paid to him, an amount equal to the amount of the gratuity is payable to his estate.
“ (9.) An amount payable to the estate of a deceased member under this regulation is payable without deduction of any amounts payable to the Commonwealth by the member or his estate under these Regulations.”.
“ 30a. In this Part, unless the contrary intention appears, ‘member ’ means a member of the Australian Regular Army or the Regular Army Supplement who is a Pacific Islander.’’.
“43a. In this Part, unless the contrary intention appears, ‘member’ means a member of the Australian Regular Army or the Regular Army Supplement who is a Pacific Islander.".
“ Part IVa.—Citizen Military Forces.”.
“ 47a. In this Part, unless the contrary intention appears, ‘ member ’ means—
(
a ) a male member of the Active Citizen Military Forces who is a Pacific Islander; or(
b ) an officer of the Reserve Citizen Military Forces who is a Pacific Islander and is performing duties in accordance with regulation 121a of the Australian Military Regulations,
but does not include such a member or officer who is an Officer of Cadets.”.
Classification | Rate per day |
Chaplain, Third Class (Major)....................................................................... | $ |
7.66 | |
Chaplain, Fourth Class (Captain).................................................................. | 7.11 |
(2.) Regulation 47ca of the Military Financial (Pacific Islanders) Regulations is amended by adding at the end thereof the following sub-regulations:—
“ (3.) The rate of pay of a member in respect of an attendance at a parade designated as a half-day parade under the Australian Military Regulations is one-half of the rate otherwise applicable under this regulation.
“ (4.) The rate of pay of a member in respect of an attendance at a parade designated as a night parade under the Australian Military Regulations is one-third of the rate otherwise applicable under this regulation.’’.
Rank | Rate per day | |
$ | ||
Brigadier ......................................................................................................... | s | |
| 1.75 | |
Staff Sergeant or Sergeant............................................................................ | 1.50 | |
Corporal or Lance Corporal.......................................................................... | 1.00 | |
Private............................................................................................................... | 0.75 |
“47cd.—(1.) This regulation applies to and in relation to a period of continuous full-time military service, being a period of not less than one year, that a member is bound to render under sub-section (3.) of section 50 of the Act.
“ (2.) Subject to the next succeeding sub-regulation, the rate of pay of a member, being an officer, in respect of service included in a period of continuous full-time military service to which this regulation applies is the rate specified in the table in sub-regulation (1.) of regulation 9 of these Regulations in relation to the rank that he holds and his length of service in that rank.
“ (3.) The rate of pay of a member who is a dental officer and holds the rank of Lieutenant in respect of service included in a period of continuous fulltime military service to which this regulation applies is the rate specified in sub- regulation (Ia.) of regulation 9 of these Regulations.
“ (4.) The rate of pay of a member who is a chaplain in respect of service included in a period of continuous full-time military service to which this regulation applies is the rate specified in the table in sub-regulation (1B.) of regulation 9 of these Regulations in relation to his classification and his length of service in that classification.
“ (5.) The rate of pay of a member who holds a rank specified in a Table in the Second Schedule to these Regulations in respect of service included in a period of continuous full-time military service to which this regulation applies is the rate specified in relation to his rank and his length of service in his rank in whichever of the Tables in that Schedule is applicable to the class of members in which he is included by virtue of the position on the Establishment of the Permanent Military Forces that he holds.
“ (6.) For the purposes of calculating the rate of pay of a member under this regulation, the service of a member in the rank that he holds upon commencing to render continuous full-time military service to which this regulation applies shall be deemed to have commenced on the day on which he commences to render that service.
“47CE.—(1.) Subject to the next succeeding sub-regulation, an allowance is payable to a member in respect of a day on which he performs duty as a member of an advance party or rear party at a camp of continuous training equal to the amount of pay that would have been payable to him in respect of that day if he had been attending a camp of continuous training on that day and had been entitled to be paid pay in respect of his attendance on that day.
“ (2.) An allowance is not payable to a member in respect of a day under the last preceding sub-regulation if the member is eligible to be paid pay in respect of that day under regulation 47ca or regulation 47cd of these Regulations.
“47cf.—(1.) Subject to the next succeeding sub-regulation, an allowance, called ‘ out of pocket expenses allowance ’, is payable to a member as provided in the next succeeding sub-regulation.
“ (2.) The amount of out of pocket expenses allowance payable to a member in respect of a day is—
(
а ) if the member is eligible to be paid pay in respect of the day in accordance with sub-regulation (4.) of regulation 47ca of these Regulations—Two cents;(
b ) if the member is eligible to be paid pay in respect of the day in accordance with sub-regulation (3.) of regulation 47ca of these Regulations—Four cents; or(
c ) if the member is eligible to be paid pay in respect of the day otherwise than in accordance with sub-regulation (3.) or (4.) of regulation 47CA of these Regulations—Eight cents.
“ (3.) Out of pocket expenses allowance is not payable to a member in respect of a day in respect of which he is entitled to be paid pay in accordance with regulation 47cd of these Regulations.
“ 47cg. The provisions of regulations 20b, 20c and 20d of these Regulations apply to and in relation to the service of a member within the meaning of this Part in like manner as they apply to and in relation to the service of a member within the meaning of Part II.”.
“47ch.—(1.) In this regulation, ‘member’ means a male member of the Active Citizen Military Forces who is a Pacific Islander other than such a member who is an Officer of Cadets.
“ (2.) Where a member is attached to the Permanent Military Forces for continuous full-time military service, not being service in relation to which regulation 47cd of these Regulations applies, the rate of pay of the member is the rate specified in regulation 47ca of these Regulations in relation to his rank or classification, and if relevant, his age.
“ (3.) The provisions of Divisions 2, 2a and 3 of Part II., and of Parts III. and IV., of these Regulations apply to and in relation to a member who is attached to the Permanent Military Forces for continuous full-time military service, not being service to which regulation 47cd of these Regulations applies, as if the member were a member of the Permanent Military Forces.”.
Rank | Rate per year in dollars |
Lieutenant-Colonel.......................................................................... | 84 |
Major................................................................................................. | 66 |
Captain.............................................................................................. | 50 |
Lieutenant......................................................................................... | 40 |
Cadet Under Officer........................................................................ | 6 |
(2.) The rates specified in the table in sub-regulation (4.) of regulation 47CO of the Military Financial (Pacific Islanders) Regulations as amended by regulation 12 of these Regulations apply to and in relation to travelling allowance paid or payable to a member (not being a member who holds the rank of Colonel) under that first-mentioned regulation in respect of travel on or after the eleventh day of August, 1972.
(3.) Patrol allowance and sea-going allowance are payable to a member within the meaning of Part IVA, of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations as if regulation 47CO of those Regulations as so amended had come into operation on the nineteenth day of September, 1972.
(4.) For the purpose of the last preceding sub-regulation, the amounts of patrol allowance and sea-going allowance payable to a member are the amounts payable in accordance with regulation 20d of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations.
(5.) Where an officer of cadets who attended an annual camp of continuous training of his unit or a military school or course during the period from and including the first day of July, 1972, to and including the day immediately preceding the date of commencement of these Regulations was not entitled to be paid pay in respect of his attendance but would have been entitled to be paid pay if the amendment of regulation 47e of the Military Financial (Pacific Islanders) Regulations effected by regulation 14 of these Regulations had come into operation on the first day of July, 1972, the member is entitled to be paid, by virtue of this sub-regulation, an amount equal to the amount of pay that would have been so payable to him.
(6.) The rates specified in the table in sub-regulation (1.) of regulation 47f of the Military Financial (Pacific Islanders) Regulations
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0
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