Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES.

1939. No..

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 1903-1939.

Dated this second day of November, 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the Military Financial Regulations. 

1.–(1.) After regulation 19 of the Military Financial Regulations, the following regulation is inserted:-

Increments in time of war.

“19a. In time of war an increment may be paid to any member of the permanent Forces notwithstanding that he has not qualified at the examination, passed the test, or attended the course, which is prescribed in this Part as a condition for the payment of that increment.”.

(2.) In the case of any increment which would have accrued to any member of the Permanent Forces prior to the commencement of this regulation if he had qualified at the examination, passes the test, or attended the course, which is prescribes in the Military Financial Regulations as a condition for the payment of the increment, the Military Board may approve of the payment of the increment as from any date on or after the second day of September, 1939.

 

• *Notified in the Commonwealth Gazette on

                                                                                         1939.

  Statutory Rules 1935, No. 83, as amended by Statutory Rules 1935, No. 102 and 123; 1936, Nos. 1, 32, 62, 75, 98, 111, 122, 144 and 158; 1937, Nos. 1, 22, 29, 42, 71, 76, 96 and 113; 1938, Nos. 11, 15, 45, 76, 89, 96, 98 and 122; 1939, No. 82.

Establishments.

2. –(1.) Regulation 147 of the Military Financial Regulations is amended—

(a) by omitting, from sub-regulation (i), the words and figures “sub-regulation (iii)” (first occurring) and inserting in their stead the words and figures “sub-regulations (iii) and (v) of this regulation and regulation 149 of these Regulations.”;

(b) by omitting, from paragraph (a) of sub-regulation (i), the words and figures “Except as provided in sub-paragraph (iii) of this regulation no” and inserting in their stead the word “No”;

(c) by omitting, from sub-regulation (ii), the word “sub-paragraph” and inserting in its stead the word ‘sub-regulation”; and

(d) by omitting sub-regulation (iii) and inserting in its stead the following sub-regulations:—

“(iii) Except in time of war, a member of the Militia Forces holding an acting or temporary rank or appointment shall be paid at the rate prescribed in these Regulations for a member holding the next lower substantive rank or permanent appointment.

(iv) A member of the Militia Forces shall not be granted any acting or temporary rank or appointment unless a vacancy for an equivalent substantive rank or permanent appointment exists in the approved establishments.

(v) Except in the case of paid lance appointments authorized by the Australian Military Regulations and for which provision exists in the approved establishments, lance appointments shall not carry any increase in pay.”.

(2.) A member of the Militia Forces holding an acting or temporary rank or appointment, or a lance appointment, on the date of commencement of these Regulations, may be paid at the rate prescribed for such rank or appointment as from the date on which he was appointed or promoted to that rank or appointment, or from the second day of September, 1939 (whichever is the later date).

3. – (1.) Regulation 149 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:-

Officers provisionally appointed or promoted.

“149. Except in time of war, a person who is provisionally appointed or promoted to any commissioned rank (other than the rank of lieutenant) in the Militia Forces shall, unless he is an officer of the Australian Army Legal Department, be paid at the rate prescribed in these Regulations for the substantive rank next below that provisional rank:

Provided that when a person completed the prescribed examination for a rank to which he has been provisionally promoted, he shall, upon notification in the Gazette of the confirmation of his provisional

rank and with effect from the date (inclusive) upon which he completed that examination, be eligible for the pay prescribed in these Regulations for that rank.”

(2.) A person provisionally appointed or promoted to any commissioned rank, prior to the commencement of these Regulations, may be paid at the rate prescribed for that rank as from date of his provisional appointment or promotion or from the second day of September, 1939 (whichever is the later date).