Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES.

 

1962. No. 61.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations: under the DefenceAct 1903-1956.

Dated this thirtieth day of July, 1962.

  

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

  

J. O. CRAMER

Minister of State for the Army.

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AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS. 

1.—(I.) After regulation 33 of the Military Financial Regulations the following regulation is inserted:—

Diving allowance.

“33A.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called ‘diving allowance’, is payable to a diver, in respect of the time during which he is under water or under compression in the course of a diving operation authorized by the commanding officer, at the rate specified, according to the depth of the diving operation, in the following table:—

Depth of Diving Operation in Fathoms.	Rate per Minute.
20 or less..................................................................................................	One penny
Over 20 but not more than 30.................................................................	Two pence
Over 30 but not more than 40.................................................................	Three pence
Over 40 but not more than 50.................................................................	Five pence
Over 50 but not more than 55.................................................................	Six pence
Over 55 but not more than 60.................................................................	Seven pence

“(2.) For the purpose of the last preceding sub-regulation, all time from the time at which the diver enters the water or goes under compression to the time at which he emerges from the water or ceases to be under compression shall be regarded as time under water at the greatest depth reached in the course of the diving operation.

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* Notified in the Commonwealth Gazette on 30th July, 1962.

  Statutory Rules 1961, No. 129, as amended by Statutory Rules 1961, Nos. 84, 100 and 129.

3974/62.—PRICE 3D. 9/5.7.1962.

“(3.) Where a diver attends another diver during a diving operation, the attendant shall be paid—

(a) diving allowance of an amount equal to one-fifth of the amount of diving allowance paid to the diver, calculated to the nearest penny; or

(b) if the attendant is employed in a compression chamber—diving allowance at a rate equal to the rate of diving allowance payable to the diver,

but if he is attending on more than one diver at the same time, the diving allowance is payable only in respect of one diver.

“(4.) If, in the opinion of the commanding officer, any work performed by a diver in the course of a diving operation has not been performed satisfactorily, the whole or any portion of the diving allowance payable under the preceding provisions of this regulation to that diver in respect of that diving operation may be disallowed by the commanding officer.

“(5.) In this regulation, ‘diver’ means a member who has the qualifications approved by the Military Board as the qualifications that a member must possess before he is classified as a diver.”.

(2.) Diving allowance is payable in accordance with the provisions of the regulation inserted in the Military Financial Regulations by the last preceding sub-regulation in respect of diving operations performed on or after the twenty-first day of February, 1962.

Mileage allowance.

2. Regulation 99 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (3.) all words from and including the words “mileage allowance” and inserting in their stead the words—

“the amount of mileage allowance payable is—

(a) the sum of an amount calculated at the appropriate rate per mile in respect of the number of miles necessarily travelled on duty and an amount equal to the travelling allowance (if any) that would, but for: the provisions of the next succeeding sub-regulation, be payable under this Division in respect of the period during which he was actually travelling on duty; or

(b) the sum of an amount equal to the cost of the fare by the normal method of public transport available to the destination and an amount equal to the travelling allowance (if any) that would, but for the provisions of the next succeeding sub-regulation, be payable under this Division if he had travelled to his destination by that method of transport,

whichever is the less.”; and

(b) by inserting after sub-regulation (3.) the following sub-regulations:—

“(3A.) Travelling allowance is not payable to a member under this Division in respect of any travel on duty for which the member receives mileage allowance calculated as provided in the last preceding sub-regulation.

“(3B.) In sub-regulation (3.) of this regulation, the reference to the appropriate rate per mile shall be read as a reference to the rate per mile for each mile after 5,000 miles in a period of twelve months specified in sub-regulation (2.) of this regulation in relation to the class of motor vehicle in which the motor vehicle used by the member is included.”.

Removal on death of member.

3. Regulation 108 of the Military Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The family of a deceased member is not entitled to be removed at the expense of the Department under the last preceding sub-regulation after the expiration of a period—

(a) if the Military Board is satisfied that a housing shortage exists in the locality to which removal is approved—of twelve consecutive months after the date of the member’s death; or

(b) in any other case—of six consecutive months after the date of the member’s death.”.

Accommodation allowance on a removal or return from overseas.

4. Regulation 118 of the Military Financial Regulations is amended by omitting from paragraph (b) of sub-regulation (3.) the word “Thirteen” and inserting in its stead the word “Fourteen”.

Disturbance allowance on removal.

5. Regulation 122 of the Military Financial Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) An allowance, called ‘disturbance allowance’, is payable—

(a) to a member on the removal of the member; or

(b) to the widow or another member of the family of a deceased member on the removal of the family of the deceased member,

if the furniture and effects of the member or deceased member transported on the removal are of a value of not less than Five hundred pounds and constitute, in the opinion of the Military Board, a substantial part of the furniture and effects of the member or deceased member.”; and

(b) by adding at the end thereof the following sub-regulation:—

“(5.) In this regulation, references to the furniture and effects of a member or deceased member include references to the furniture and effects of the members of the family of the member or deceased member but do not include references to the clothing or personal effects of the member or of the members of the family of the member or deceased member.”.

Interpretation.

6. Regulation 127 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the definition of “short term duty” and inserting in its stead the following definition:—

“‘short term duty’, in relation to a member, means duty in an overseas country for a period of six months or less.”.

Locumtenensallowance.

7.—(1.) Regulation 181 of the Military Financial Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “Three pounds three shillings” and inserting in their stead the words “Seven pounds seven shillings”.

(2.) Locum tenens allowance shall be paid to a medical officer or dental officer at the rate prescribed by paragraph (a) of sub-regulation (1.) of regulation 181 of the Military Financial Regulations, as amended by the last preceding sub-regulation, in respect of each day on or after the first day of November, 1961, and before the date of commencement of these Regulations, on which the officer, whilst attending at a camp of continuous training, at a military school or course or at a bivouac, employed a locum tenens.

8.—(1.) After regulation 184 of the Military Financial Regulations the following regulation is inserted:—

Diving allowance.

“184A. An allowance, called ‘diving allowance’, is payable to a member who has the qualifications approved by the Military Board for the purposes of sub-regulation (5.) of regulation 33A of these Regulations in like circumstances as diving allowance is payable to a diver under that regulation and as if references in that regulation to a diver included references to a member who has those qualifications.”.

(2.) Diving allowance is payable in accordance with the provisions of the regulation inserted in the Military Financial Regulations by the last preceding sub-regulation in respect of diving operations performed on or after the twenty-first day of February, 1962.

                        

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