Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES.

1963. No. 9.

REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

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 1903-1956.

Dated this eighth

day of  February , 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

Amendments of the Military Financial Regulations.  

Definition.

1. Regulation 9 of the Military Financial Regulations is amended by adding at the end of paragraph (b)of the definition of “member” the words “appointed or enlisted for service in the Australian Regular Army or in the Regular Army Special Reserve”.

Members other than General Officers.

2. Regulation 11 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (8.) the word “substantive”; and

(b) by omitting paragraph (a)of sub-regulation (15.) and inserting in its stead the following paragraph:—

“(a)a member appointed to a commissioned rank shall be deemed to continue to hold the rank and classification held by him immediately before his appointment while the rate of pay applicable to him in respect of that rank and classification is higher than the rate of pay applicable to him as a commissioned officer;”.

Flying allowance.

3. Regulation 29 of the Military Financial Regulations is amended—

(a) by omitting from sub-paragraph (iii) of paragraph (b) of sub-regulation (1.) the word “or”;

(b) by adding at the end of paragraph (b) of sub-regulation (1.) the following word and sub-paragraph:—

“;or (v) with the approval of the Military Board, he serves on flying duties as a pilot otherwise than with an Army aviation unit.”;

* Notified in the Commonwealth Gazette on 14 February, 1963.

  Statutory Rules 1961, No. 39, as amended by Statutory Rules 1961, Nos. 84, 100 and 129; and 1962, Nos. 61 and 75.

10895/62.—Price 5d. 10/25.1.1963.

(c) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Flying allowance is not payable—

(a) to a member referred to in paragraph (a)of the last preceding sub-regulation in respect of a period before the member commences the flying portion of his course; or

(b) to a member referred to in sub-paragraph (iv) or (v) of paragraph (b)of the last preceding sub-regulation in respect of the period of three consecutive months commencing on the day on which he commenced to serve in his air staff appointment or on flying duties as a pilot, as the case may be, or in respect of each subsequent period of three consecutive months, unless the member has, during the period, completed at least six hours’ flying time as a pilot in command of an aircraft.”;

(d) by omitting paragraph (b)of sub-regulation (3.) and inserting in its stead the following paragraph:—

“(b) where the member is eligible for the allowance under paragraph (b)of sub-regulation (1.) of this regulation—at the rate per day specified in relation to his rank and, where specified, his length of service in the rank, in the following table:—

Rank.	Rate per Day.
s.	d.
Colonel—
With less than eight years’ service in the rank ....................	9	6
With not less than eight years’ service in the rank...............	8	0
Lieutenant-Colonel .............................................................	9	6
Major .................................................................................	15	6
Captain ...............................................................................	15	6
Lieutenant ..........................................................................	13	6
Second Lieutenant ..............................................................	11	6
Warrant Officer, Class I.......................................................	13	6
Warrant Officer, Class II......................................................	13	6
Staff Sergeant .....................................................................	11	6
Sergeant .............................................................................	9	6”; and

(e) by omitting sub-regulation (4.).

Tropical allowance.

4. After regulation 31 of the Military Financial Regulations the following regulation is inserted:—

“31a.—(l.) An allowance, called ‘tropical allowance’, is payable, at the rate of One shilling and sixpence per day, to a soldier who is posted to, and is living on board, a ship employed on sea service in respect of any period during which he is engaged on duty on the ship, either at sea or in port, within the tropics.

“(2.) In this regulation, ‘duty’ means employment or duty included in a class of employment or duty determined by the Military Board to be duty for the purposes of this regulation.”.

Gratuity—long service and good conduct.

5. Regulation 67 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the words “A soldier” and inserting in their stead the words “A member holding the substantive rank of Warrant Officer, Class II., or a lower substantive rank,”.

Interpretation.

6. Regulation 127 of the Military Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Where a member requests that, although his daughter has attained the age of twenty-one years, she should be regarded as a member of his family for the purposes of this Division—

(a)because she is performing essential domestic duties in his household; or

(b) for other special reasons,

the Military Board may approve of her being so regarded.”.

Outlay allowance.

7. Regulation 147 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

“147.—(1.) An allowance, called ‘outlay allowance’, is payable to a member posted to an oversea country on intermediate term duty or long term duty.

“(2.) Outlay allowance is payable at such rate and subject to such conditions as the Military Board determines.

“(3.) The Military Board may determine that a specified portion of the outlay allowance payable to a member is payable before the member’s departure from Australia and that the remaining portion is payable after the member’s arrival in the oversea country.”.

Oversea living out allowance.

8.—(1.) Regulation 148 of the Military Financial Regulations is amended—

(a) by omitting sub-regulation (3.);

(b)by omitting from sub-regulation (4.) the words “or North America”;

(c) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (5.) the words “or North America”;

(d)by adding at the end of paragraph (a)of sub-regulation (5.) the word “or”;

(e) by omitting from paragraph (b)of sub-regulation (5.) the words “the rate” and inserting in their stead the words “at the rate per annum”;

(f) by omitting from the table in paragraph (b)of sub-regulation (5.) the figures “602”, “556” and “522” and inserting in their stead the figures “657”, “626” and “587”, respectively;

(g) by omitting paragraph (c) of sub-regulation (5.);

(h) by omitting from sub-regulation (7.) the words “the last five preceding sub-regulations” (first occurring) and inserting in their stead the words “a preceding provision of this regulation”; and

(i) by omitting from sub-regulation (7.) the words “specified in the last five preceding sub-regulations” and inserting in their stead the words “payable to him under that provision”.

(2.) Where a member has received or receives oversea living out allowance (whether payable under the Military Financial Regulations or otherwise) in respect of the period, or of a part of the period, commencing on the first day of January, 1961, and ending on the day immediately preceding the commencement of these Regulations, being oversea living out allowance calculated at the rate payable to a married member occupying a house or flat in the United Kingdom elsewhere than London or Manchester, an additional allowance is payable to the member in respect of that period or that part of that period, as the case may be, at a rate equal to the difference between the rate at which that allowance was so calculated and the rate prescribed in relation to such a married member in the table in paragraph (b)of sub-regulation (5.) of regulation 148 of the Military Financial Regulations as amended by the last preceding sub-regulation.

Child education allowance and payment of fares for visits.

9. Regulation 151 of the Military Financial Regulations is amended by inserting after sub-regulation (2.) the following sub-regulations:—

“(2a.) Where child education allowance is payable to a member posted oversea on long term duty for a period of not less than two years in respect of a child or children of the member—

(a) a return passage for the child or each child in respect of whom the allowance is payable between the place where the child is residing in Australia and the place at which the member is posted oversea may, with the approval of the Military Board, be provided once during the member’s period of duty oversea at the expense of the Department by a means and class of transport approved by the Military Board; or

(b)if the member or his wife visits a child in respect of whom the allowance is payable in Australia during the member’s period of duty oversea—an amount equal to—

(i) the cost of a return passage for the member or his wife, by a means and class of transport approved by the Military Board, between the place at which the member is posted oversea and the place where a child in respect of whom the allowance is payable is residing in Australia; or

(ii) the cost of the return passage or return passages referred to in paragraph (a) of this sub-regulation,

whichever is the less, may, with the approval of the Military Board, be paid to the member in respect of one such visit during the member’s period of duty oversea.

“(2b.) A member is not entitled under the last preceding sub-regulation both to the provision of a return passage for a child and to payment in respect of a visit by the member or his wife to a child in Australia during the member’s period of duty oversea.”.

Representation and entertainment allowances.

10. Regulation 155 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

“155. Where oversea living out allowance or oversea living in allowance is payable to a member under regulation 148 or regulation 149, as the case may be, of these Regulations, the member may be paid—

(a) where his posting is of a diplomatic or liaison staff nature— representation allowance; or

(b) where he is attending a school or course or is attached to the Forces of another country—entertainment allowance,

at such rate, for such period and subject to such conditions as the Military Board determines.”.

Definitions.

11. Regulation 170 of the Military Financial Regulations is amended by omitting the definition of “member” and inserting in its stead the following definition:—

“‘member’ means—

(a)a male member of the Active Citizen Military Forces;

(b)la member of the Royal Australian Army Nursing Corps or the Women’s Royal Australian Army Corps appointed or enlisted for service in the Active Citizen Military Forces; or

(c) an officer of the Reserve Citizen Military Forces who performs military duties in accordance with regulation 121a of the Australian Military Regulations,

but does not include—

(d)a member of the Citizen Military Forces who is attached, for full time duty, to the Permanent Military Forces; or

(e) an officer of cadets;”.

Senior appointments.

12. Regulation 171 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the word and figure “Table I” and inserting in their stead the words “Table 1 in the Third Schedule to these Regulations”.

Locum tenens allowance.

13. Regulation 181 of the Military Financial Regulations is amended by omitting from paragraph (b)of sub-regulation (1.) the words “Two pounds two shillings” and inserting in their stead the words “Five pounds five shillings”.

Band allowance

14. Regulation 195 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

“195.—(1.) Subject to such conditions as are approved by the Military Board, an amount determined by the Military Board, being an amount not exceeding One hundred pounds, may be expended each financial year in respect of the band of a unit.

“(2.) The Military Board may, for the purposes of the last preceding sub-regulation, determine different amounts in respect of bands included in different classes of bands.”.

Members of Citizen Military Forces attached to Permanent Military Forces for full time duty.

15. Regulation 199 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

“199.—(1.) The rate of pay, in the case of a member of the Citizen Military Forces who is attached, for full time duty, to the Permanent Military Forces, is the appropriate rate of pay provided for under regulation 172 of these Regulations having regard to his rank or classification and, where applicable, his corps and age.

“(2.) The provisions of Divisions 3, 4, 5, 6, 7, 9, 10, 13 and 15 of Part II., and of Parts VI., VII. and VIII., of these Regulations apply, with such modifications, adaptions and exceptions as the Military Board determines, to and in relation to a member of the Citizen Military Forces who is attached, for full time duty, to the Permanent Military Forces as if the member were a member of the Permanent Military Forces.

“(3.) In this regulation, ‘member of the Citizen Military Forces’ means—

(a)a male member of the Active Citizen Military Forces; or

(b)a member of the Royal Australian Army Nursing Corps or the Women’s Royal Australian Army Corps appointed or enlisted for service in the Active Citizen Military Forces,

but does not include an officer of cadets.”.

First Schedule.

16. The First Schedule to the Military Financial Regulations is amended—

(a) by inserting after the words and figures “Sub-regulation (1.) of Regulation 24.” the words and figures “Sub-regulation (2.) of Regulation 31a.”; and

(b) by omitting the words and figures “Sub-regulations (4.) and (5.) of Regulation 147.” land inserting in their stead the word and figures “Regulation 147.”.

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