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

STATUTORY RULES

1972 No. 165

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 twenty-first day of September, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

BOB KATTER

Minister of State for the Army.

Amendments of the Military Financial (Pacific Islanders) Regulations

Pay.

1.—(1.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended—

(a) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) The rate of pay of a member who is a student at the Officer Cadet School or an Officer Training Unit is—

(a) the rate specified in the second column of Table 2 in the Second Schedule to these Regulations in relation to a member holding the rank of Corporal and having less than one year’s service in the rank; or

(b) the rate at which pay is payable to a member—

(i) holding the rank that the member held, and included in the class of members in which the member was included, immediately before he became such a student; and

(ii) having the length of service in that rank that the member has,

whichever is the higher rate.”; and

(b)by omitting sub-regulations (8.), (9.) and (10.) and inserting in their stead the following sub-regulations:—

“(8.) For the purpose of the next two succeeding sub-regulations, ‘prescribed member’ means a member who has enlisted in the Military Forces under a scheme for enabling members to undertake, as full-time students, courses of studies at an institution referred to in the next succeeding sub-regulation.

“(9.) The rate at which pay is payable to a prescribed member who is undertaking, as a full-time student, a course of studies at the University of Papua New Guinea, the Papua New Guinea Institute

* Notified in the Commonwealth Gazette on 1972.

  Statutory Rules 1966, No. 105, as amended by Statutory Rules 1966, No. 162; 1967, No. 124; 1969, No. 61; 1969, No. 199; 1970, Nos. 6, 51, 120, 174 and 200; 1971, Nos. 27, 97 and 167; and 1972, No. 55.

17722/72—Price 10c 9/31.8.1972

of Technology or another institution approved by the Military Board for the purpose of this sub-regulation is the rate specified in the second column of the following table in relation to the stage of his studies in the first column:—

Stage of Studies	Rate of pay per day
$
During the first year of the course ....................................................................	1.32
During the second year of the course ...............................................................	1.47
During the third year of the course ...................................................................	1.62
During the fourth year of the course .................................................................	1.77
During the fifth year of the course ...................................................................	1.95
During the sixth year of the course ..................................................................	2.13
During the seventh year or a subsequent year of the course ...............................	2.31

“(10.) The rate at which pay is payable to a prescribed member in respect of service from and including the date on which he enlists in the Military Forces to but not including the day on which he commences or continues to undertake, as a full-time student, a course of studies at an institution referred to in the last preceding sub-regulation is—

(a)if he has not commenced the course—the rate per day applicable in the case of a prescribed member during the first year of his course; or

(b)in any other case—the rate per day specified in the second column of the table in the last preceding sub-regulation opposite to the stage of his studies in the first column.

“(11.) The Military Board shall not approve an institution for the purpose of sub-regulation (9.) of this regulation unless the institution provides courses of studies for full-time students at a tertiary level.”.

(2.) The rate of pay provided for in sub-regulation (5.) of regulation 9 of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations applies in relation to service of a member as a student at the Officer Cadet School or an Officer Training Unit on the twelfth day of January, 1972, or any subsequent day.

(3.) Where the amount of the pay that would have been payable to a prescribed member within the meaning of sub-regulations (9.) and (10.) of regulation 9 of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations, in respect of any service from and including the fourth day of January, 1972, to and including the day immediately before the commencement of these Regulations, if the amendment of that regulation effected by paragraph (b)of sub-regulation (1.) of this regulation had come into force on the fourth day of January, 1972, exceeds the amount of the pay paid or payable to the member in respect of that service, the member is, by virtue of this sub-regulation, entitled to be paid an amount equal to the excess.

Pay in lieu of leave on termination of service.

2. Regulation 12a of the Military Financial (Pacific Islanders) Regulations is amended—

(a) by omitting paragraph (c) of sub-regulation (3.); and

(b) by omitting from sub-regulation (5.) the words “Special allowance under regulation 9 of these Regulations or parachutists’ allowance” and inserting in their stead the words “Parachutists’ allowance”.

Higher duties allowance.

3.—(1.) Regulation 14 of the Military Financial (Pacific Islanders) Regulations is amended—

(a) by emitting from sub-regulation (5.) the word “Where” and inserting in its stead the words “Subject to the next succeeding sub-regulation, where”; and

(b) by inserting after sub-regulation (5.) the following sub-regulations:—

“(5a.) Higher duties allowance is payable to a member in respect of a period of absence on recreation leave if—

(a) he was in receipt of higher duties allowance in respect of the relevant day; and

(b) the condition specified in paragraph (a)of the next succeeding sub-regulation is fulfilled, or the conditions specified in paragraph (b) of that sub-regulation are fulfilled, in relation to the period of absence.

“(5b.) For the purposes of the last preceding sub-regulation, the conditions in relation to a member’s absence on recreation leave are—

(a) that he had been in receipt of higher duties allowance continuously during the period of twelve months ended on the relevant day; and

(b)that he had been in receipt of higher duties allowance in respect of a period of twelve months, or periods aggregating twelve months, during the period of twenty-four months ended on the relevant day and his Commanding Officer has certified that he would have continued to perform duties in respect of which higher duties allowance would have been payable but for that absence.

“(5c.) Where higher duties allowance is payable to a member in respect of a period of absence on recreation leave under sub-regulation (5a.) of this regulation, the allowance is payable at the rate at which it was payable to him immediately before the commencement of that period of absence.

“(5d.) In sub-regulations (5a.) and (5b.) of this regulation, ‘the relevant day’, in relation to a members absence on recreation leave for a period, means the day immediately preceding the first day in that period.”.

(2.) Where higher duties allowance would have been payable to a member in respect of—

(a)a period of absence commencing on or after the twenty-third day of September, 1971; or

(b)a period of absence commencing before that date and ending on or after that date,

if the amendments of regulation 14 of the Military Financial (Pacific Islanders) Regulations effected by the last preceding sub-regulation had come into operation immediately before the commencement of the period of absence, higher duties allowance is payable to the member in accordance with regulation 14 of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations—

(c)if the period of absence commenced on or after that day—in respect of the period of absence; or

(d)if the period of absence commenced before that day—in respect of absence during the period on or after that day.

Mileage allowance.

4. Regulation 32 of the Military Financial (Pacific Islanders) Regulations is amended—

(a) by omitting from item 5 in the table in sub-regulation (2.) the figures “4.29” (in the third column) and inserting in their stead the figures “4.79”; and

(b) by omitting from item 6 in that table the figures “5.22” (in the third column) and inserting in their stead the figures “5.21”.

Repeal of Part IVb.

5. Part IVb. of the Military Financial (Pacific Islanders) Regulations is repealed.

6. After regulation 47cc 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 an appointment of 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 and to regulation 47h of these Regulations, 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 rank held by the officer of cadets and has less than one year’s service in that rank.

“(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 the next succeeding sub-regulation, an allowance, called ‘service allowance’, is payable to a member at the rate specified in the following table in relation to the rank that the member holds:—

Rank	Rate per year in dollars
Lieutenant-Colonel ...................................................................................................	40
Major .......................................................................................................................	32
Captain ....................................................................................................................	24
Lieutenant ...............................................................................................................	20
Cadet Under Officer .................................................................................................	4

“(2.) Service allowance is not payable to a member of a Cadet Battalion—

(a) except in respect of complete months of service in the Australian Cadet Corps; or

(b) in respect of any complete month of service in that Corps in respect of which the Commander of the Cadet Brigade in which that Cadet Battalion is included does not certify that the member has performed his duties efficiently.

“(3.) 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 applied 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.

Travelling allowance.

“47j. Where an officer of cadets travels on duty for the purpose of performing duty at a place other than the place at which he ordinarily performs duty, travelling allowance is payable to him in accordance with provisions of regulation 47cc of these Regulations as if—

(a) he were a member within the meaning of Part IVa. of these Regulations and held in the Papua and New Guinea Volunteer Rifles the rank that he holds as an officer of cadets; and

(b) the travel on duty for the purpose of performing duty were travel on duty for the purposes of performing duty as a member within the meaning of that Part.”.

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