Military Financial (Pacific Islanders) Regulations (Cth)

STATUTORY RULES

1966 No. 105

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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*

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 1903-1965.

Dated this thirtieth day of June, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

A. J. FORBES

Minister of State for Health acting for & on behalf of the

Minister of State for the Army.

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MILITARY FINANCIAL (PACIFIC ISLANDERS) REGULATIONS

Part I.—Preliminary

Short title.

1. These Regulations may be cited as the Military Financial (Pacific Islanders) Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-8).

Part II.—Pay and Allowances.

Division 1.—Pay (Regulations 9-13).

Division 2.—Allowances (Regulations 14-20).

Division 3.—Allotments (Regulations 21-30).

Part III.—Travel at the Expense of the Department (Regulations 31-43).

Part IV.—Training at Civilian Establishments (Regulations 44-47).

Part V.—Miscellaneous (Regulations 48-57).

Application.

3. These Regulations apply to and in relation to a male member of the Permanent Military Forces who is a Pacific Islander.

Interpretation.

4.—(1.) In these Regulations, unless the contrary intention appears—

“army apprentice” means a member serving in the Australian Regular Army as an apprentice tradesman, an apprentice musician or an apprentice clerk;

“Australia” includes the Territories of the Commonwealth that form part of the Commonwealth, but does not include any other Territory of the Commonwealth to which the Act extends;

“commanding officer”, in relation to a member, means the officer who is the commanding officer of that member according to the custom of the Military Forces;

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* Notified in the Commonwealth Gazette on 1 July, 1966.

15548/65.—Price 25c (2s. 6d.) 15/17.6.1966

“Command Paymaster” means the person performing the duties of the paymaster for a command;

“home”, in relation to a member, means the place determined by the Military Board to be the member’s home;

“leave” means leave of absence with pay;

“member” means a member of the Australian Regular Army or the Regular Army Supplement who is a Pacific Islander;

“military school or course” means a military school or course other than a voluntary class of instruction, in the nature of a bivouac or a temporary camp, held by a unit;

“oversea” means outside the New Guinea area or Australia;

“prescribed authority” means the Minister or a person appointed by the Minister, in writing, to be a prescribed authority;

“Pacific Islander” means a person who is or has been an aboriginal inhabitant of the New Guinea area;

“quarters” includes tent accommodation;

“termination”, in relation to the service of a member, means—

(a)if the member is an officer—the termination of his appointment (except where he continues to serve as a soldier), his resignation, retirement or transfer to the reserve of officers; and

(b)if the member is a soldier—the discharge of the member, except where the discharge is for the purpose of appointing the member to commissioned rank;

“the Act” means the Defence Act 1903-1965;

“the Department” means the Department of the Army;

“the Military Board” means the Board of Administration for the Military Forces constituted under section 28 of the Act;

“the New Guinea area” means the area comprising the Territory of New Guinea as described in the Second Schedule to the Papua and New Guinea Act 1949-1964 and the Territory of Papua as described in the Third Schedule to that Act.

(2.) Subject to this regulation, a reference in these Regulations to a rank, appointment or classification shall be read as including a reference to a provisional, probationary, temporary or acting rank, appointment or classification, but not a local, honorary or brevet rank.

(3.) A reference in these Regulations to a married member shall be read as including a reference to a member who has entered into a native customary marriage in accordance with the customs prevailing in the tribe or group of natives to which the parties to the marriage belong or either of them belongs, being a marriage that is, by virtue of Part V. of the Marriage Ordinance 1963 of the Territory of Papua and New Guinea, for the purposes of a law in force in that Territory as valid and effectual as a marriage under Part IV. of that Ordinance.

Delegations.

5.—(1.) The Minister may, in relation to a matter or a class of matters, by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation).

(2.) The Military Board may, in relation to a matter or a class of matters, delegate any of the Military Board’s powers and functions under these Regulations (except this power of delegation).

(3.) A power or function delegated by the Minister or the Military Board under this regulation may be exercised or performed by the delegate with respect to the matter or to the matters included in the class of matters specified in the instrument of delegation.

(4.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Military Board, as the case may be.

(5.) A delegation under this regulation remains in force unless revoked by the Minister or the Military Board, as the case may be.

Powers of the Military Board.

6. Any power or function that is by these Regulations conferred upon a formation commander, a Command Secretary or a Command Paymaster may be exercised by the Military Board.

Date on which determination, &c., takes effect.

7.—(1.) In this regulation, “determination, direction or approval” means a determination, direction or approval made or given by the Minister or the Military Board under a provision of these Regulations.

(2.) A determination, direction or approval takes effect from the date on which it is made or given or, if it is expressed to take effect from another date specified in it, from that other date.

(3.) A determination, direction or approval—

(a) shall not be expressed to take effect—

(i) from a date that is before the date on which the provision of these Regulations under which itis made or given came or comes into operation; or

(ii) from a date that is more than two years before the date on which it is made or given; and

(b)shall not be expressed to take effect from a date before the date on which it was made or given in a case where, if it so took effect—

(i) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date it is made or given would be affected in a manner prejudicial to that person; or

(ii)liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date it is made or given,

and where, in such a determination, direction or approval, provision is made in contravention of this sub-regulation, that provision is void and of no effect.

Certain determinations, &c., subject to the approval of Treasurer.

8.—(1.) Where by the provisions of the regulations specified in the Schedule to these Regulations it is provided that a matter may be determined, directed or approved by the Minister or the Military Board, the determination, direction or approval of the Minister or the Military Board, as the case requires, is subject to the approval of the Treasurer.

(2.) For the purposes of this regulation, “the approval of the Treasurer” includes an approval by an officer authorized by the Treasurer to give or withhold such an approval.

Part II.—Pay and Allowances

Division 1.—Pay

Pay.

9.—(1.) Subject to this regulation, the rate of pay of a member who is an officer is the rate of pay specified, in relation to his rank and, where specified, his length of service in his rank, in the following table:—

Rank, and Length of Service in the Rank	Rate per Day
$
Brigadier	7.72
Colonel—
With less than 1 year’s service in the rank..................................................................	6.40
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	6.73
With not less than 2 years’ service in the rank............................................................	7.06
Lieutenant-Colonel—
With less than 1 year’s service in the rank..................................................................	5.25
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	5.42
With not less than 2 years’ service in the rank but less than 3 years’ service in the rank	5.58
With not less than 3 years’ service in the rank............................................................	5.75
Major—
With less than 1 year’s service in the rank..................................................................	4.30
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	4.43
With not less than 2 years’ service in the rank but less than 3 years’ service in the rank	4.60
With not less than 3 years’ service in the rank............................................................	4.76
Captain—
With less than 1 year’s service in the rank..................................................................	3.64
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	3.78
With not less than 2 years’ service in the rank............................................................	3.91
Lieutenant—
With less than 1 year’s service in the rank..................................................................	3.25
With not less than 1 year’s service in the rank............................................................	3.38
Second Lieutenant—
With less than 1 year’s service in the rank..................................................................	3.01
With not less than 1 year’s service in the rank............................................................	3.12

(2.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member holding a rank specified in the first column of the following table is—

(a)if the member has served for not less than four years and has attained a standard of proficiency determined by the Military Board for the purposes of this paragraph—the rate of pay specified in the fourth column of that table;

(b)if the member, not being a member to whom the rate referred to in the last preceding paragraph is applicable, has served for not less than two years and has attained a standard of proficiency determined by the Military Board for the purposes of this paragraph—the rate of pay specified in the third column of that table; or

(c) in any other case—the rate of pay specified in the second column of that table,

in relation to the rank held by the member and, where specified, the member’s length of service in that rank.

First Column	Second Column	Third Column	Fourth Column
Rank and Length of Service in the Rank	Rate per Day	Rate per Day	Rate per Day
$	$	$
Warrant Officer, Class I...................................................	2.95	..	..
Warrant Officer, Class II..................................................	2.79	..	..
Staff Sergeant...................................................................	2.62	..	..
Sergeant—
With less than 1 year’s service in the rank....................	2.35	..	..
With not less than 1 year’s service in the rank.............	2.46	..	..
Corporal—
With less than 1 year’s service in the rank ..	2.08	..	..
With not less than 1 year’s service in the rank	2.18	..	..
Lance-Corporal—
With less than 1 year’s service in the rank...................	1.47	1.69	1.91
With not less than 1 year’s service in the rank.............	1.58	1.80	2.02
Private—
With less than I year’s service in the rank....................	0.38	..	..
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	0.49	..	..
With not less than 2 years’ service in the rank but less than 3 years’ service in the rank	0.71	0.82	..
With not less than 3 years’ service in the rank but less than 4 years’ service in the rank	0.82	0.93	..
With not less than 4 years’ service in the rank but less than 5 years’ service in the rank	0.92	1.03	1.14
With not less than 5 years’ service in the rank but less than 6 years’ service in the rank	1.03	1.14	1.25
With not less than 6 years’ service in the rank but less than 7 years’ service in the rank	1.14	1.25	1.36
With not less than 7 years’ service in the rank but less than 8 years’ service in the rank	1.25	1.36	1.47
With not less than 8 years’ service in the rank but less than 9 years’ service in the rank	1.36	1.47	1.58
With not less than 9 years’ service in the rank but less than 10 years’ service in the rank	1.36	1.58	1.69
With not less than 10 years’ service in the rank	1.36	1.58	1.80

(3.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member who is a tradesman holding a rank specified in the following table is therate of pay specified, in relation to his rank and his length of service as a tradesman, in that table:—

Rank and Length of Service as a Tradesman	Rate per Day
Lance-Corporal—	$
With less than 1 year’s service as a tradesman..........................................................	1.91
With not less than 1 year’s service as a tradesman....................................................	2.02
Private—
With less than 1 year’s service as a tradesman..........................................................	1.47
With not less than 1 year’s service as a tradesman but less than 2 years’ service as a tradesman................................................................................................................	1.58
With not less than 2 years’ service as a tradesman but less than 3 years’ service as a tradesman................................................................................................................	1.69
With not less than 3 years’ service as a tradesman....................................................	1.80

(4.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member who is an apprentice is the rate of pay specified, in relation to his length of service as an apprentice, in the following table:—

Length of Service as an Apprentice	Rate per Week
$
Less than 1 year’s service as an apprentice.................................................................	3.00
Not less than 1 year’s service as an apprentice but less than 2 years’ service as an apprentice..................................................................................................................	4.50
Not less than 2 years’ service as an apprentice but less than 3 years’ service as an apprentice..................................................................................................................	6.00
Not less than 3 years’ service as an apprentice but less than 4 years’ service as an apprentice..................................................................................................................	7.50
Not less than 4 years’ service as an apprentice...........................................................	9.50

(5.) The rate of pay of a member who is a student at the Officer Cadet School or an Officer Training Unit is the rate specified in the second column of the table in sub-regulation (2.) of this regulation in relation to a member holding the rank of Corporal and having less than 1 year’s service in the rank.

(6.) From the pay payable to a member, an amount equal to 5 per centum of that pay shall be retained as an accumulating credit in the pay account of the member.

(7.) The amount of the accumulating credit in the pay account of a member is payable to him upon the termination of his service.

(8.) A member who was a member of the Permanent Military Forces immediately before the commencement of these Regulations may be paid an allowance, called “special allowance”, subject to such conditions, in accordance with such rates and for such period or periods as the Military Board determines.

(9.) The Military Board shall determine conditions, rates and periods for the purposes of the last preceding sub-regulation having regard to the rates of pay payable to members referred to in that sub-regulation, and to the benefits provided by the Department for such members, immediately before the commencement of these Regulations and the rates of pay payable to such members, and the benefits provided by the Department for such members, from time to time after the commencement of these Regulations.

(10.) For the purposes of the last two preceding sub-regulations, these Regulations shall be taken to come into operation on the first day of July, 1966.

Calculation of pay.

10.—(1.) Subject to the succeeding sub-regulations of this regulation, the service of a member for the purposes of pay commences on the day on which he commences duty.

(2.) Subject to the next succeeding regulation, the service of a member for the purposes of pay ceases at midnight on—

(a) the day recorded in the Department as—

(i) the day on which he died;

(ii) the day on or after which he died;

(iii) the day on or before which he died;

(iv) the day on which he became missing and is for official purposes presumed to be dead,

unless he is subsequently found to be dive; or

(b)the day on which his service terminates.

(3.) An incremental advancement in the rate of pay of a member in respect of length of service in a rank, as a tradesman or as an apprentice, as the case requires, is payable from and including the day after the day upon which the member completes the period of service for which the increased rate of increment is specified.

Period during which member entitled to pay when absent on account of illness or Injury.

11.—(1.) Subject to this regulation, a member who has been absent from duty on account of illness or injury for a continuous period exceeding six months is not entitled to pay and allowances under these Regulations in respect of any period of the absence continuing after the expiration of that period of six months.

(2.) A member who has been absent from duty for a continuous period of six months on account of an illness suffered or an injury sustained Whilst serving oversea is, if the Military Board considers that he is unable to resume duty at the expiration of that period of six months by reason of the illness or injury, entitled to pay and allowances under these Regulations in respect of such further period of absence (if any), not exceeding six months, as the Military Board determines.

(3.) Where—

(a) a member has been absent from duty for a continuous period of six months on account of illness or injury;

(b)a claim has, within that period of six months, been made under whichever of the Acts referred to in sub-regulation (7.) of this regulation is applicable that the illness or injury is an illness or injury in respect of which that Act makes provision for the payment of compensation or pension; and

(c) the claim has not been determined under that Act within that period of six months,

the Military Board may determine that this sub-regulation applies to the member, and, in that case, the member is entitled to pay and allowances under these Regulations during any continuation of the absence that occurs after the expiration of that period of six months and before the expiration of the next succeeding six months or, if, in that next succeeding period of six months, a determination is made under that Act disallowing or rejecting the claim, until the date on which the determination is made.

(4.) A member who has been absent from duty for a continuous period of six months on account of an illness suffered or an injury sustained that is attributable to service is, if the Military Board considers that he is unable to resume duty after the expiration of that period of six months by reason of the illness or injury, entitled to pay and allowances under these Regulations in respect of such further period of absence (if any), not exceeding six months, as the Military Board determines.

(5.) Where—

(a)the Military Board has made, under the last preceding sub-regulation, a determination in respect of a member;

(b)the illness or injury that is the cause of the absence from duty of the member resulted in an amputation of a part of the member’s body, or the treatment of which involved amputation, bone-grafting or skin-grafting; and

(c) the Military Board is satisfied that further treatment of the injury or illness is necessary,

the member is entitled to pay and allowances under these Regulations in respect of such further period of the absence, not exceeding six months, as the Military Board determines.

(6.) Where a member—

(a)has been absent from duty on account of illness or injury;

(b) has resumed duty;

(c)is, within fourteen days after resuming duty, again absent from duty on account of the same illness or injury,

the periods during which the member is so absent shall be deemed to be, for the purposes of this regulation, a continuous period of absence from duty.

(7.) For the purposes of this regulation, an illness or injury is attributable to service if—

(a) it is an illness or injury in respect of which the Commonwealth Employees’ Compensation Act 1930-1964 makes provision for the payment of compensation; or

(b) it is an illness or injury in respect of which the Repatriation Act 1920-1965 or the Repatriation (Special Overseas Service) Act 1962-1965 makes provision for the payment of a pension.

(8.) This regulation does not—

(a)entitle a member to pay and allowances; or

(b)authorize the Military Board to make a determination under which a member becomes entitled to pay and allowances,

in respect of any period that occurs after the member attains the prescribed age of retirement or, if the Governor-General has, in the case of the member, extended the prescribed age of retirement, after the expiration of the period of the extension.

Pay and allowances when absent on account of illness or injury caused by own offence.

12. Where—

(a)a member has been absent from duty for a continuous period exceeding 30 days on account of illness or injury, whether or not by reason of the fact that he is in hospital; and

(b)the Military Board determines that the illness or injury is due to action or conduct constituting an offence of which the member has been convicted,

the member shall forfeit—

(c)one-half of his pay in respect of each day, from and including the thirty-first day to and including the ninety-first day, on which he is so absent from duty; and

(d)the whole of his pay and allowances in respect of each day on which he is so absent from duty after the expiration of 91 days.

Pay and advances against pay where pay forfeited or pay account overdrawn.

13.—(1.) Subject to the next succeeding sub-regulation, where a member’s pay account is without credit balance—

(a)because the member’s pay has been forfeited or stopped; or

(b)because of the deduction from the member’s pay of—

(i) a fine inflicted upon or a sum of money ordered to be paid by, or stopped from the pay of, the member;

(ii) an amount equal to an amount overpaid in respect of an allotment by the member; or

(iii) an amount agreed to be paid by the member in respect of loss or damage to departmental property issued to the member,

the member may, subject to such conditions as are approved by the Military Board, draw in respect of each day that his pay account is without a credit balance, as an advance against his future pay and allowances, an amount equal to one-tenth of his daily rate of pay.

(2.) A member is not eligible for an advance against future pay and allowances where he is undergoing a sentence of imprisonment, detention or field punishment in custody, or is absent without leave, but where a member is serving in stage three of a sentence of detention in a military corrective establishment, he may, subject to such conditions as are approved by the Military Board, be paid a sum not exceeding Twenty cents per day.

Division 2.—Allowances

Higher duties allowance.

14.—(1.) Subject to the succeeding sub-regulations of this regulation and to such conditions as the Military Board determines, where a member holding a rank lower than the rank for a position on the establishment of a part of the Military Forces performs temporarily the full duties of the position, an allowance, called “higher duties allowance”, is payable to the member.

(2.) Higher duties allowance is not payable unless the period for which the acting member performs the duties of the position is 6 or more consecutive working days.

(3.) A day for which the member is absent from duty on a unit rest day or a public holiday does not count as a working day for the purpose of the qualifying period referred to in the last preceding sub-regulation, but shall not be deemed to interrupt the continuity of that qualifying period.

(4.) Higher duties allowance is not payable in respect of a period for which the acting member is absent from duty on recreation leave during the period of his acting in the position.

(5.) Higher duties allowance is payable in respect of any period for which the acting member is absent from duty on a unit rest day or public holiday, or on emergency leave or while sick not exceeding a total of three days, during the period of his acting in the position if, immediately after the absence from duty, the member continues to perform the duties of the position.

(6.) Higher duties allowance is payable from and including the day on which the acting member performs the duties of the position.

(7.) Higher duties allowance is not payable unless the approving authority is satisfied that—

(a)the duties of the position cannot be distributed among other personnel;

(b) the acting member is performing competently the full duties of the position; and

(c) real and definite responsibilities are involved in that performance.

(8.) The Military Board may appoint an officer to be an approving authority for the purposes of the last preceding sub-regulation.

(9.) In this regulation, “promoted” includes promoted to a provisional, probationary, temporary or acting rank.

Rates of higher duties allowance.

15.—(1.) Where, under the last preceding regulation, higher duties allowance is payable to a member, the rate of allowance is the rate payable in accordance with the succeeding sub-regulations of this regulation that are applicable in the circumstances.

(2.) The rate of higher duties allowance is a rate per day equal to the amount of the difference between the rate of active pay per day payable to the acting member in respect of the rank that he holds and the rate of active pay per day payable to a member on promotion to the rank for the position.

(3.) Notwithstanding the preceding sub-regulations of this regulation, where the rank for the position is more than one rank higher than that held by the acting member, the rate of allowance is equal to the amount of the difference between the rate of active pay payable to the acting member and—

(a) the rate of active pay payable to a member on promotion to the rank immediately higher than that held by the acting member; or

(b) if the Military Board considers that exceptional circumstances exist—such rate, being the rate of active pay payable to a member on promotion to a rank higher than that held by the acting member, but not higher than the lowest rank for the position, as the Military Board determines.

(4.) In this regulation, “rank for the position” means—

(a) in relation to a position in an establishment which is normally filled by a civilian—the rank shown in the establishment as appropriate to the position;

(b)in relation to an acting member who performs the duties of a position but who could not be promoted because of a restriction placed upon the rank to which he may be promoted—the highest rank to which he may be promoted; and

(c) in relation to a position for which two ranks are provided in the establishment—the lower rank so provided.

Parachutists’ allowance.

16.—(1.) Subject to the succeeding sub-regulations of this regulation, an allowance, called “parachutists’ allowance”, is payable to a member in respect of a period during which—

(a) he undergoes a course of military training as a parachutist at which he qualifies as a parachutist;

(b)he serves as a parachutist with an army parachute unit;

(c) he serves as a parachute training instructor at the Air Movement and Development Training Unit; or

(d)being a qualified parachutist not serving with an army parachute unit, he—

(i) makes a parachute descent from an aircraft in the course of his duties; or

(ii) undergoes a refresher training course.

(2.) The rate at which parachutists’ allowance is payable is—

(a) where the member is entitled to the allowance under paragraph (a)of the last preceding sub-regulation—Twenty-two cents per day;

(b)where the member is entitled to the allowance under paragraph (b)of the last preceding sub-regulation—Thirty-three cents per day;

(c) where the member is entitled to the allowance under paragraph (c) of the last preceding sub-regulation—Thirty-eight cents per day;

(d)where the member is entitled to the allowance under subparagraph (i) of paragraph (d)of the last preceding sub-regulation—Thirty-three cents for each day on which a parachute descent is made; and

(e) where the member is entitled to the allowance under subparagraph (ii) of paragraph (d)of the last preceding sub-regulation—Thirty-three cents for each day of the course.

(3.) Subject to the next succeeding sub-regulation, parachutists’ allowance is not payable to a member by virtue of paragraph (a), (b)or (c) of sub-regulation (1.) of this regulation in respect of a day—

(a)on which the member is in hospital as a result of illness or injury caused by his own default;

(b) thatis more than six months after the day on which the member last made a parachute descent; or

(c) on which the member is borne on the strength of a unit other than a parachute unit or parachute training unit.

(4.) Where the Military Board approves payment of parachutists’ allowance to members included in a class of members specified in an instrument of approval in respect of a period so specified, parachutists’ allowance is payable to a member included in that class of members in respect of a day included in that period notwithstanding that the day is more than six months after the day on which the member last made a parachute descent.

(5.) In this regulation, “parachute unit” and “parachute training unit”, respectively, mean a unit so designated by the Military Board.

Living out allowance.

1 7.—(1.) Subject to such conditions as the Military Board determines, a member may be paid an allowance, called “living out allowance”, at the rate of Fifty cents per day in respect of any period during which he lives out and is not supplied with rations or quarters at the expense of the Department.

(2.) A member shall not be taken to be living in or to be supplied with rations or quarters at the expense of the Department for the purposes of the last preceding sub-regulation by reason only of the fact that, in circumstances specified by the Military Board for the purposes of this sub-regulation, rations or quarters or rations and quarters are provided by the Department for the member, for the family of the member or for the member and his family.

Mainland allowance.

18. Subject to such conditions as the Military Board determines, an allowance, called “mainland allowance”, is payable at the rate determined by the Military Board to a member while he is in Australia in the course of performing his duties as a member of the Permanent Military Forces.

Mainland outfit allowance.

19. Subject to such conditions as the Military Board determines, an allowance, called “mainland outfit allowance”, of such amount as the Military Board determines is payable to a member who serves in Australia in the course of performing his duties as a member of the Permanent Military Forces.

Special allowance.

20.—(1.) The Minister may, having regard to the special nature of a member’s duties or appointment or to any other circumstances connected with a member’s service, authorize the payment to the member of a special allowance.

(2.) A special allowance shall not be authorized by the Minister under the last preceding sub-regulation where another allowance is payable under these Regulations in respect of the member’s duties or appointment or of those circumstances.

(3.) An allowance under sub-regulation (1.) of this regulation is payable at such rate, for such period, and subject to such conditions as the Minister determines.

Division 3.—Allotments.

Voluntary allotment.

21. Subject to regulation 24 of these Regulations, a member may make an allotment from his pay and allowances to or for the benefit of such person, institution or corporation or to the credit of such bank account as is approved by a prescribed authority.

Compulsory deductions.

22. Subject to regulation 24 of these Regulations, where the Minister is of opinion that a person is wholly or partly dependent upon, or has a claim for maintenance against, a member, the Minister may direct that such reasonable sum as the Minister thinks fit for the support of that person be deducted from the pay of the member and paid to, or for the benefit of, that person.

Compulsory deductions deemed to be allotment.

23. A deduction from the pay of a member directed by the Minister under the last preceding regulation shall, for the purposes of these Regulations, be deemed to be an allotment made by the member.

Limit on amount that may be allotted.

24.—(1.) An allotment shall not exceed such an amount as would leave less than ten per centum of the member’s pay and allowances payable to the member.

(2.) The reference in the last preceding sub-regulation to allowances shall be read as not including such allowances (if any) as the Military Board determines.

Suspension, variation or cancellation of allotment.

25.—(1.) A prescribed authority may, where in his opinion circumstances justify that course of action—

(a) suspend payment of an allotment or part of an allotment;

(b) vary an allotment; or

(c) cancel an allotment.

(2.) A prescribed authority shall not suspend the payment of an allotment or part of an allotment, or vary or cancel an allotment, under the last preceding sub-regulation, unless he has first given notice in writing to the member of the intention to suspend, vary or cancel.

(3.) Where an allotment is made by a member under regulation 21 of these Regulations, the member may vary or cancel the allotment.

(4.) An allotment by a member shall be deemed to be cancelled—

(a)from and including the day after the day on which the service of the member is terminated;

(b)from and including the day after the day on which the member dies; or

(c) from and including the day after the day on which the person to or for whose benefit the allotment was made dies,

whichever first occurs.

(5.) An allotment by a member is not payable in respect of a period for which the member is not eligible for pay under these Regulations.

Payment of allotment.

26.—(1.) An allotment is payable, by fortnightly instalments, either into a bank account approved by a prescribed authority or by cheque, money order, bank draft or in currency directly to the person, institution or corporation to whom it is payable.

(2.) For the purpose of payment of instalments of an allotment in currency, the Military Board may authorize payments of the instalments through a person who is an officer of the Public Service of the Territory of Papua and New Guinea.

(3.) A person through whom payments of instalments of an allotment is authorized under last preceding sub-regulation—

(a)shall, where a prescribed authority so directs in writing, vary or withhold payment of an instalment; and

(b) shall not pay an instalment—

(i) except to the person to whom the allotment is payable, or to a person authorized to receive payment of the allotment by the person to whom the allotment is payable in accordance with a form approved by the Military Board; and

(ii) unless the person to whom the allotment is payable gives a receipt for the instalment in accordance with a form approved by the Military Board or, in the case of a person authorized to receive payment of the allotment, unless the person so authorized signs a declaration, in accordance with a form approved by the Military Board, that he is not receiving payment of the instalment for the benefit of a person entitled to the instalment in consequence of an assignment of the instalment by the person to whom it is payable.

False statement.

27.—(1.) A person shall not procure payment of an instalment of an allotment under the last preceding regulation by means of a false statement in an authorization, receipt or declaration.

Penalty: Forty dollars or imprisonment for three months.

(2.) In addition to imposing a penalty, a court before whom a person is convicted under the last preceding sub-regulation may order the payment to the Commonwealth or to the person to whom the allotment is payable, as the case requires, of an amount equal to any moneys received by the person convicted in consequence of the false statement.

Payment of allotment outside the Commonwealth

28.—(1.) An allotment is not payable without the approval of a prescribed authority to or for the benefit of a person who resides oversea.

(2.) An allotment to a person who resides oversea is payable in Australian currency, or its equivalent after conversion at the prevailing rate of exchange, in the currency of the country in which the person resides.

Death of allottee.

29. Where a person to or for whose benefit an allotment is payable dies, the amount of allotment accrued and unpaid at the date of the person’s death is payable for the benefit of the estate of that person.

Overpayment of allotment.

30. An overpayment of an amount by way of allotment under these Regulations may be deducted from the pay and allowances that are or become payable to the member.

Part III.—Travel at the Expense of the Department

Travel at departmental expense.

31.—(1.) A member who is required to travel in the performance of his duty is, subject tosub-regulation (3.) of this regulation, entitled to travel at the expense of the Department.

(2.) For the purposes of this regulation, the expense of the Department includes the expense of transporting so much of the member’s baggage as the Military Board approves.

(3.) Where a member travels in the course of his duties, the member is not entitled to reimbursement of the cost of fares paid by him in connexion with that travelling unless—

(a) if the cost exceeds Fifty cents—the member produces to his commanding officer a receipt for the payment of the fare; or

(b)if the cost exceeds One dollar—the Command Paymaster certifies that, for special reasons, it was impracticable for a ticket, warrant or other document authorizing the provision of transport for the member at the expense of the Department to be issued to him before he so travelled.

Methods of travel.

32.—(1.) Where, under this Part—

(a)a member is entitled to travel at the expense of the Department; or

(b)the fares of a member or of a member of his family incurred in travelling to or from a place are payable by the Department,

the method of travel and the class of travel shall, subject to the next succeeding sub-regulation, be as determined by the Military Board.

(2.) A member may, with the approval of the Military Board be permitted to travel, by means of a vehicle of which he has the use, on an occasion on which he would be entitled to travel at the expense of the Department or the fares of the member would be payable by the Department.

Travel on termination of service.

33.—(1.) Subject to the succeeding sub-regulations of this regulation, a member may on the termination of his service, otherwise than at his own request after having completed less than twenty years’ continuous service, on disciplinary grounds or for medical reasons occasioned by his own default, be transported at the expense of the Department to the place at which he resided immediately before he commenced to serve in the Permanent Military Forces.

(2.) A member other than a married member eligible to be transported at the expense of the Department to a place under the last preceding sub-regulation may elect to travel to any other place in the New Guinea area, but, on the member so electing, the Department shall bear only so much of the cost of his fare to that other place as does not exceed the cost of his fare to the first-mentioned place.

(3.) Where the Military Board is satisfied that a married member has established or intends to establish a permanent home for his family at some place in the New Guinea area other than the place to which he is entitled to be transported under sub-regulation (1.) of this regulation, he may be transported to that place at the expense of the Department.

(4.) Nothing in this regulation authorizes travel oversea at the expense of the Department.

Travel on termination of service on disciplinary grounds or for medical reasons occasioned by member’s own default.

34.—(1.) A member may, on the termination of his service on disciplinary grounds or for medical reasons occasioned by his own default, be transported at the expense of the Department—

(a)in the case of a married member—to the place in the New Guinea area where his family resides; or

(b)in the case of a member other than a married member—to his home in the New Guinea area.

(2.) The method of travel under this regulation shall be the most economical means of transport available and the cost of travel borne by the Department shall include the cost of necessary meals during the journey.

Applicants for appointment or enlistment.

35.—(1.) When an applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces makes a journey to the place ofhis interview and medical examination or for the purposes of attending at the place at which he is directed to take up duty on his appointment or enlistment, the cost of his transport from his residence to that place shall, subject to such conditions as are approved by the Military Board, be borne by the Department.

(2.) If an applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces is not directed to take up duty immediately after his interview and medical examination and returns to his place of residence to await further instructions from the Department, the cost of his transport from the place of interview and examination to his place of residence shall, subject to such conditions as are approved by the Military Board, be borne by the Department.

Travel on leave.

36.—(1.) Where a member, having been granted recreation or emergency leave, travels from the locality in which he is serving to another locality for the purpose of spending the period, or part of the period, of leave at his home in that last-mentioned locality, this regulation applies to that travel.

(2.) Subject to such conditions as the Military Board determines, the fares of a member in connexion with travel to which this regulation applies shall be paid by the Department on such occasions as the Military Board determines.

Tickets, &c., improperly used.

3 7.—(1.) In the event of a ticket, a warrant or another document authorizing the provision of transport at the expense of the Department under this Part being used for a purpose other than the transport of the person to or in respect of whom the ticket, warrant or other document was issued, that person is liable to pay to the Department the amount of the value of the transport.

(2.) Where, under the last preceding sub-regulation, a person is liable to pay an amount to the Department, that amount may be deducted from any moneys that are or become payable to that person or may be recovered by suit in a court of competent jurisdiction.

Payments for use of motor vehicles not deemed hire or reward.

38. An allowance or other payment, made by the Department to a member under these Regulations in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration within the meaning of a law relating to motor vehicles, transport or traffic, and the member shall not be required to obtain a licence or permission or to pay a fee or tax under a law by reason of the fact that he receives, or is entitled to receive, that allowance or other payment.

Damage to vehicle used for travel.

39. Where a member is permitted, under these Regulations, to use a vehicle in his possession, other than a Commonwealth vehicle, for the purpose of travel, nothing in these Regulations shall be deemed to impose any liability upon the Department in respect of damage to the vehicle caused by the negligence of the member.

Travelling allowance.

40.—(1.) An allowance, called “travelling allowance”, is payable to a member in such circumstances as the Military Board determines.

(2.) Travelling allowance is payable at such rates and subject to such conditions as the Military Board determines.

Removal.

41.—(1.) A member may be removed at the expense of the Department in such circumstances as the Military Board determines.

(2.) The removal of a member under this regulation is subject to such conditions as the Military Board determines.

(3.) The conditions determined by the Military Board for the purposes of the last preceding sub-regulation may include the condition that, in specified circumstances, the member is liable to pay a part of the expenses of the removal ascertained in accordance with a specified method.

(4.) In this regulation, a reference to the expense of removing a member shall be read as including the expense of transporting the member’s family and any furniture or effects of the member or his family and of packing or unpacking that furniture and effects.

Disturbance allowance.

42. Where a member is removed at the expense of the Department under the last preceding regulation, disturbance allowance is payable to the member at such rates and subject to such conditions as the Military Board determines.

Travel oversea.

43. Where a member is required to travel on duty oversea—

(a)the member is entitled to travel by such means, and by such class of accommodation, as the Military Board determines;

(b)travelling allowance is payable to the member in respect of the period of travel at such rates and subject to such conditions as the Military Board determines; and

(c) if the member is required to serve oversea—such allowances (if any) as the Military Board determines are payable to the member, in such circumstances and subject to such conditions, as the Military Board determines.

Part IV.—Training at Civilian Establishments

Courses of study.

44.—(1.) The Military Board may approve of a member undertaking at the expense of the Department a course of study or training at a civil training establishment as an official training requirement.

(2.) In this regulation, “official training requirement” means a training requirement approved by the Minister.

Payment of fees for courses of study.

45.—(1.) Where approval is given for a member to undertake a course of study or training at a civil training establishment, the Department shall pay such fees and charges payable in respect of that course as the Military Board approves.

(2.) Where fees are payable by the Department under this regulation and the member is remunerated for any civil employment associated with the course of study in which he is engaged during the period in which fees are payable, he is liable to pay to the Department so much of the amount of that remuneration as does not exceed the amount of active pay and allowances payable to him under these Regulations in respect of that period.

(3.) Without prejudice to the right of the Commonwealth to recover by other means any amount payable by a member to the Department under the last preceding sub-regulation, that amount may be deducted from the pay and allowances that are or become payable to him under these Regulations.

Books and instruments on loan.

46. Where a member is undergoing a course of training or study at the expense of the Department, he may, subject to the approval of the Military Board, be supplied with necessary books and instruments on loan from the Department.

Vocational and educational training.

47.—(1.) Subject to such conditions as the Military Board determines, where a member undertakes a vocational or educational training course approved by the Military Board, the whole or part of the fees for the course may be paid by the Department as provided in the next succeeding sub-regulation.

(2.) The amount payable by the Department in respect of a course undertaken by a member is—

(a)if the member has completed 15 years’ continuous service—an amount equal to the fees for the course; and

(b)in any other case—an amount equal to three-quarters of the fees for the course.

(3.) In this regulation “fees”, in relation to a course, includes all the fees, including examination fees (if any), that the body providing the course or conducting an examination in relation to the course requires a person undertaking the course to pay, but does not include the cost of books and instruments or other expenses associated with the course.

Part V.—Miscellaneous

Rent—married quarters.

48.—(1.) Where married quarters are provided for a member, the rental shall be such amount as the Minister directs.

(2.) Where fuel is provided by the Department, or electricity, sanitation and other like services are provided by the Department or otherwise, at married quarters, the member in occupation of the quarters is liable to reimburse the Department an amount equal to the cost (if any) to the Department of the fuel or services so provided.

(3.) Without prejudice to the right of the Commonwealth to recover by other means, the amount of the rental of married quarters occupied by a member or of reimbursement under the last preceding sub-regulation may be deducted from the pay and allowances that are or become payable to him under these Regulations.

Rent—furnished married quarters.

49.—(1.) Residential furniture and equipment may be supplied to a member for use in married quarters in accordance with conditions determined by the Military Board.

(2.) The conditions determined by the Military Board under the last preceding sub-regulation may include a condition that the member pay to the Department a charge, at such rate as the Military Board determines, in respect of his use of the furniture and equipment.

(3.) The Military Board may waive payment of the charge referred to in the last preceding sub-regulation, in whole or in part, in a particular case if it considers that the circumstances justify the waiver.

(4.) Without prejudice to the right of the Commonwealth to recover an amount due to the Department in respect of the use of furniture and equipment by other means, that amount may be deducted from the pay and allowances that are, or become, payable to the member under these Regulations.

Recovery of amounts owing for rations, &c.

50. Subject to the approval of the Military Board, the amount of any debt owed by a member to the Department in respect of rations or commodities supplied to him by the Department may be deducted from the pay and allowances that are, or become, payable to him under these Regulations.

No deductions other than those authorized.

51. The pay and allowances of a member shall be paid without any deduction other than such deductions as are authorized by the Act, any other Act or any regulations made under an Act.

Over-payments during prior service.

52.—(1.) This regulation applies in relation to an over-payment made to a member by a Department of State of the Commonwealth upon or before the termination of a period of service of the member in a part of the Defence Force, being a period of service that is not continuous with the period for which the member is serving.

(2.) Where an over-payment toa member to which this regulation applies was due to an error of the Department by which the over-payment was made, no deduction in respect of that over-payment shall be made from any amount of pay and allowances payable to the member under these Regulations.

(3.) Where an over-payment to which this regulation applies was due to an act or omission of the member, an amount equal to the amount of the overpayment may be deducted, in such instalments as the Military Board directs, from the pay and allowances that are, or become, payable to the member under these Regulations.

Stoppages of pay and allowances.

53. A member shall not, by virtue of the forfeiture or stoppage of his pay and allowances, be disqualified for payment under sub-regulation (2.) of regulation 13 of these Regulations.

Deduction from pay and allowances when pension paid on reported death, &c., of member.

54. Where a member who has been reported dead or missing is subsequently found to be alive, an amount equal to the amount of any pension or allowance paid under an Act to a person as a result of the member having been reported dead or missing may, if not repaid, be deducted from any pay and allowances that are or become payable to the member under these Regulations.

Restriction on pay which may be drawn by member in hospital.

55.Where the commanding officer of a military hospital or convalescent establishment so directs, the amount of pay which may be drawn by a member who is a patient in the hospital or establishment shall be restricted to such amounts as the commanding officer determines.

Assignment of pay void.

56. Any assignment or charge, other than an assignment or charge under these Regulations, in respect of pay or allowances of a member, and every agreement to make such an assignment or charge, is void.

Transitional.

57.—(1.) From and including the first day of July, 1966, a member is not entitled to any pay or allowances under the Military Financial Regulations in respect of service in the Permanent Military Forces on or after that date but is entitled to pay and allowances under these Regulations.

(2.) Notwithstanding the provisions of sub-regulation (17.) of regulation 12 of the Military Financial Regulations, upon the commencement of these Regulations, the amount of the accumulating credit in the pay account of a member who is a native member within the meaning of the Military Financial Regulations is, by virtue of this sub-regulation, payable to the member.

(3.) Where a member is absent from duty on account of illness or injury for a continuous period commencing before the commencement of these Regulations and continuing after that commencement, regulations 11 and 12 of these Regulations apply to so much of that period as is after that commencement as if the whole of that period of absence were a period of absence after the commencement of these Regulations and any determination or opinion of the Military Board made or given before the commencement of these Regulations under a provision of regulation 16 or 17 of the Military Financial Regulations in relation to that absence were a determination or opinion made or given under the corresponding provision of regulation 11 or 12 of these Regulations.

(4.) For the purposes of the last preceding sub-regulation, a reference to a continuous period of absence from duty on account of illness or injury shall be read as including a reference to periods of absence from duty on account of illness or injury that are, by virtue of sub-regulation (6.) of regulation 11 of these Regulations, to be deemed to be a continuous period of absence from duty.

(5.) Where a member in receipt of higher duty allowance immediately before the commencement of these Regulations continues, after that commencement, to perform the duty in respect of which he was in receipt of that allowance, the member continues to be entitled to receive higher duties allowance under these Regulations and any opinion of the Military Board given before the commencement of these Regulations under a provision of regulation 28 or 29 of the Military Financial Regulations in relation to that higher duties allowance shall be deemed to have been given under the corresponding provision of regulation 14 or 15 of these Regulations.

(6.) Where a member who, immediately before the commencement of these Regulations, was performing temporarily the duties of a position but was not in receipt of higher duties allowance, continues to perform those duties after that commencement, regulations 14 and 15 of these Regulations apply as if the whole of the period of performance of these duties were a period after the commencement of these Regulations.

(7.) An approval given by the Military Board in relation to a member for the purposes of regulation 170, 171, 173 or 174 of the Military Financial Regulations before the commencement of these Regulations shall be deemed, after that commencement, to be an approval given for the purposes of regulation 45, 46, 47 or 48 of these Regulations, as the case requires.

(8.) For the purposes of this regulation, these Regulations shall be taken to come into operation on the first day of July, 1966.

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THE SCHEDULE

Regulation 8.

Provisions to which regulation 8 applies

Sub-regulation (8.) of regulation 9

Sub-regulation (4.) of regulation 16

Regulation 17

Regulation 18

Regulation 19

Regulation 20

Regulation 31

Regulation 40

Regulation 41

Regulation 42

Regulation 43

Regulation 44

Regulation 45

Regulation 47

Regulation 48

Regulation 49

                              

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra