Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 170.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 Defence Act 1903-1941.

Dated this twenty second day of November, 1944.

Administrator.

By His Excellency’s Command,

Acting Minister of State for the Army.

 

Amendments of the Military Financial Regulations. 

Commencement.

1.—(1.) These Regulations, except regulations 5, 7, 24, 25 and 33, paragraph (d)of regulation 37 and regulation 46, shall be deemed to have come into operation as on and from the sixth day of October, 1939:

Provided that—

(a) the rates payable under regulation 130 of the Military Financial Regulations,as inserted by regulation 19 of these Regulations, shall be the rates specified in that regulation less—

(i) in respect of the period on and from the sixth day of October, 1939, to and including the sixth day of November, 1941—the sum of one shilling per day; and

(ii) in respect of the period on and from the seventh day of November, 1941, to and including the thirteenth day of August, 1942—the sum of fourpence per day; and

 

* Notified in the Commonwealth Gazette on , 1944.

  Statutory Rules 1935, No. 83, as amended by Statutory Rules 1935, Nos. 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, Nos. 82, 132, 133, 135 and 159; 1940, Nos. 39, 68, 76, 204, 211 and 253; 1941, Nos. 13, 30, 50, 109, 154, 216 and 306; 1942, Nos. 84 and 507; 1943, Nos. 152 and 157; and 1944, Nos. 89 and 110.

2949.—Price 8d. 9/5.10.1944.

(b) the rate payable under regulation 133 of the Military Financial Regulations, as amended by regulation 23 of these Regulations, shall be the rate specified in that regulation, as so amended, less—

(i) in respect of the period on and from the sixth day of October, 1939, to and including the sixth day of November, 1941—the sum of one shilling and sixpence per day; and

(ii) in respect of the period on and from the seventh day of November, 1941, to and including the thirteenth day of August, 1942—the sum of sixpence per day.

(2.) Regulations 5 and 7 of these Regulations shall be deemed to have come into operation as on and from the first day of December, 1940.

(3.) Regulations 24, 25 and 33 of these Regulations shall be deemed to have come into operation as on and from the first day of January, 1940:

Provided that the rates payable under regulation 134 of the Military Financial Regulations, as amended by regulation 24 of these Regulations, shall be the rate specified in that regulation, as so amended, less—

(a)in respect of the period on and from the sixth day of October, 1939, to and including the sixth day of November, 1941—the sum of one shilling and sixpence per day; and

(b) in respect of the period on and from the seventh day of November, 1941, to and including the thirteenth day of August, 1942—the sum of sixpence per day.

(4.) Paragraph (d)of regulation 37 of these Regulations shall be deemed to have come into operation as on and from the twelfth day of June, 1940.

(5.) Regulation 46 of these Regulations shall be deemed to have come into operation as on and from the twenty-sixth day of October, 1940.

2. After regulation 43 of the Military Financial Regulations the following regulation is inserted:—

Provisions of regulations 17 to 43 not applicable to certain members of the Permanent Military Forces.

“43a. The provisions of regulations 17 to 43 (both inclusive) of these Regulations shall not apply to, or in relation to, any member of the Permanent Military Forces to whom the War Financial (Military Forces) Regulations apply:

Provided that a member of the Permanent Military Forces appointed or transferred to, or seconded for service with, the Australian Imperial Force may, during his period of service with that Force, be granted nominal increments of pay in accordance with the provisions of these Regulations.”.

3. After regulation 49 of the Military Financial Regulations the following regulation is inserted:—

Provisions of regulations 44 to 49 not applicable to certain members of the Permanent Military Forces.

“49a. The provisions of regulations 44 to 49 (both inclusive) of these Regulations shall not apply to or in relation to, any member of the Permanent Military Forces to whom the War Financial (Military Forces) Regulations apply.”.

District Allowances—Scale and conditions.

4. Regulation 52 of the Military Financial Regulations is amended by inserting, after the word “locality”, the words “, except such members as are transferred to such a locality on or after the sixth day of October, 1939,”.

5. Regulation 54 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Clothing-Issues of.

“54. (i) Except as otherwise prescribed in these Regulations, initial issues of uniforms, clothing and necessary articles of personal equipment shall be provided at Commonwealth expense for warrant officers, non-commissioned officers and men on first appointment to or enlistment in the Permanent Military Forces.

(ii) Except as otherwise prescribed in these Regulations, any necessary replacement of or repairs to or any additional requirements of articles of uniform, clothing or personal equipment subsequent to the initial issue shall be made at Commonwealth expense, if the necessity therefor is not due to the wilful default or neglect of the member.

(iii) The scales of issue and replacement shall be as authorized by the Military Board.

(iv) Unless in special circumstances the Military Board otherwise determines, the cost of washing of clothing shall not be a charge against Commonwealth funds.

(v) This regulation shall not apply to any member who is, or has been, appointed to or enlisted in the Permanent Military Forces on or after the sixth day of October, 1939.”.

Outfit allowance.

6. Regulation 55 of the Military Financial Regulations is amended by omitting from paragraph (b) of sub-regulation (i) the words “or non-commissioned”.

Uniform maintenance allowance.

7. Regulation 56 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (iv) the words “The allowance shall be regarded as pay for the purposes of” and inserting in their stead the words “Any allowance which is or, but for the next succeeding sub-regulation, would be credited to a member under this regulation shall be reckoned as or deemed to be pay or regarded as an allowance in the nature of pay for the respective purposes of”; and

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

“(v) After the thirtieth day of November, 1940, an allowance under this regulation shall not be credited to any member except a warrant officer in receipt of an allowance under regulation 55 of these Regulations.”.

Field allowance

8. Regulation 61 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(v) The provisions of this regulation shall not apply to, or in relation to, any officer to whom the War Financial (Military Forces) Regulations apply.”.

Transport allowance.

9. Regulation 62 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(v) The provisions of this regulation shall not apply to, or in relation to, any member to whom the War Financial (Military Forces) Regulations apply.”.

10. After regulation 62a of the Military Financial Regulations the following regulation is inserted in Part VI. of those Regulations:—

Regulations 50, 53, 57 and 58 not to apply to certain members of the Permanent Military Forces.

“62b. The provisions of regulations 50, 53, 57 and 58 of these Regulations shall not apply to, or in relation to, any member of the Permanent Military Forces to whom the War Financial (Military Forces) Regulations apply.”.

11. Before regulation 63 of the Military Financial Regulations the following regulation is inserted in Part VII. of those Regulations:—

Provisions of this Part not applicable to certain members of the Forces.

“63aa. The provisions of regulations 63 to 74 (both inclusive) and 81 of this Part shall not apply to, or in relation to, any member to whom the War Financial (Military Forces) Regulations apply.”.

12. Before regulation 82 of the Military Financial Regulations the following regulation is inserted in Part VIII. of those Regulations:—

Application of Part VIII.

“82aa. Unless, in any case with special circumstances, the Military Board otherwise directs, the provisions of this Part shall not apply to, or in relation to, any member appointed to or enlisted in any part of the Permanent Military Forces other than the Australian Staff Corps on or after the sixth day of October, 1939.”.

13. Before regulation 89 of the Military Financial Regulations the following regulation is inserted in Part IX. of those Regulations:—

Application of Part IX.

“89aa. The provisions of this Part shall not apply to, or in relation to, any member of the Military Forces to whom the War Financial (Military Forces) Regulations apply.”.

14. Before regulation 95 of the Military Financial Regulations the following regulation is inserted in Part XI. of those Regulations:—

Application of Part XI.

“95aa. The provisions of this Part shall not apply to, or in relation to, any member of the Military Forces to whom the War Financial (Military Forces) Regulations apply.”.

15. Before regulation 111 of the Military Financial Regulations the following regulation is inserted in Part XII. of those Regulations:—

Application of Part XII.

“111aa. The provisions of this Part shall not apply to, or in relation to, any member of the Military Forces to whom the War Financial (Military Forces) Regulations apply.”.

16. After regulation 111 of the Military Financial Regulations the following regulation is inserted in Part XII. of those Regulations:—

Members of Citizen Forces attending camps of training.

“111a. In time of war, members of the Citizen Military Forces attending camps of training shall be accorded dental treatment at Commonwealth expense limited to relief of pain treatment, extractions and temporary fillings.”.

17. Regulation 129 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Burial expenses of certain members of the Forces.

“129. (i) Expenditure of a sum not exceeding Ten pounds may be authorized by the District Finance Officer for, or towards the expenses of, the funeral in Australia of any person who at the time of death was—

(a) a member of the Permanent Military Forces,

(b)a member of the Citizen Military Forces called up for continuous full time war service,

(c) a member of the Citizen Military Forces who died whilst in a camp of continuous training or as a result of injuries or illness received or contracted on duty, or

(d)a member of the Australian Army Nursing Service employed on continuous full time duty.

(ii) Where it is shown to the satisfaction of the Military Board that the actual expenses necessarily incurred on account of the burial are in excess of Ten pounds, the Board may approve of expenditure of such additional sum as it considers reasonable in the circumstances of the case.

(iii) The legal personal representative or next of kin of the deceased may, at his own expense, have the deceased’s body conveyed from the place of death to his home for burial, or, if a military funeral is arranged, may be issued with two first class railway warrants, not including the provision of sleeping berths, to enable the nearest relative of the deceased and one other to proceed to and return from the military funeral, if the journey between the place of interment and the home of the relatives will occupy not more than twenty-four hours.”.

Heading to Part XVA.

18. The Military Financial Regulations are amended by omitting the heading before regulation 130 and inserting in its stead the following heading:—

“Part XVa.—A.A.N.S. and V.A.D.—Pay and Allowances.”.

19. Regulation 130 of the Military Financial Regulations is repealed and the following regulations are inserted in its stead:—

Members of Australian Army Nursing Service—Limited periods of service—Pay and allowances for.

“130. (i) A member of the Australian Army Nursing Service, when employed on duty in connexion with the Military Forces in Australia, not being continuous full time duty or duty of the description specified in the next succeeding regulation, shall be paid at the rate specified in the following table in relation to the designation of her Grade:—

Grade.	Rate of pay per day.
£	s.	d.
Matron-in-Chief.................................................................................	1	3	6
Principal Matron.................................................................................	1	1	0
Matron...............................................................................................	0	18	6
Sister..................................................................................................	0	11	0
Staff Nurse.........................................................................................	0	9	6

(ii) During the period of her duty rations shall be provided for and issued to the member in accordance with the provisions of Part XXIII. of these Regulations and she shall, wherever practicable, be provided with quarters and with fuel and light at Commonwealth expense:

Provided that, where it is impracticable to provide rations, quarters or fuel and light, the member may be paid an allowance in respect thereof at such rate as the Military Board, having regard to the circumstances of any particular case or class of cases, determines.

(iii) A member of the class to which this regulation relates shall be paid an outfit allowance and a clothing maintenance allowance at such rate as the Minister determines.

Members of Australian Army Nursing Service—Part-time service—Pay for.

“130a. (i) Subject to this regulation, a member of the Australian Army Nursing Service, when employed, with the approval of the Military Board, on duties in connexion with the Military Forces not entailing continuous attendance for a continuous period of more than one day at a time shall be paid—

(a) a full day’s pay for attendance of or exceeding three hours in any one day, or

(b) a half day’s pay for attendance of less than three hours in any one day,

at the same rate as the rate prescribed by the last preceding regulation for a member of similar designation, but shall not, except as provided by sub-regulation (ii) of this regulation, be eligible for any allowances.

(ii) A member of the class to which this regulation relates may be paid an outfit allowance and a clothing maintenance allowance at such rate as the Minister determines.

(iii) The total number of days in any financial year for which payment may be made under this regulation shall be as determined by the Military Board.”.

Heading.

20. The Military Financial Regulations are amended by inserting before regulation 132 the following heading:—

“Part XVI.—Citizen Military Forces—Pay and Allowances.”.

Amendment of Part XVI.

21. Part XVI. of the Military Financial Regulations is amended by omitting the words “Militia Forces” (wherever occurring) and “Militia” (wherever occurring) and inserting in their respective stead the words “Citizen Military Forces” and “Citizen Force”.

Citizen Force Staff officers—Rates of pay.

22. Regulation 132 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(vi) Payment at the rates prescribed in this regulation shall not be made to an officer holding an appointment specified in sub-regulations (i), (ia), (ib), (ic), (id) or (iii) of this regulation who, in time of war, is called up for part time duty and who is entitled under regulation 134 of these Regulations to payment at the rate prescribed, in respect of his rank or appointment, during the period for which he is called up for that duty.”.

Chaplains.

23. Regulation 133 of the Military Financial Regulations is amended by omitting sub-regulation (i) and inserting in its stead the following sub-regulation:—

“(i) Subject to sub-regulations (ii) and (iii) of this regulation, and irrespective of his classification, a Chaplain to whom the War Financial (Military Forces) Regulations do not apply shall, in respect of any period of authorized attendance at a camp of continuous training, be paid at the rate of One pound four shillings for each day of that period.”.

Citizen Force rates of pay.

24. Regulation 134 of the Military Financial Regulations is amended—

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

“Rank or Appointment.		Rate per whole day.
£	s.	d.
Major-General....................................................................................	3	7	3
Brigadier........................................................................................ Colonel..........................................................................................	2	6	6
Lieutenant-Colonel.............................................................................	1	19	0
Major.................................................................................................	1	11	6
Captain..............................................................................................	1	4	0
Lieutenant..........................................................................................	0	16	6
Warrant Officer, Class I......................................................................	0	14	6
Warrant Officer, Class II.....................................................................	0	12	6
Staff Sergeant, Squadron, Battery or Company Quartermaster Sergeant	0	12	0
Sergeant.............................................................................................	0	11	6
Corporal or Bombardier......................................................................	0	10	6
Tradesman or Specialist—
Group I..........................................................................................	0	9	6
Group II........................................................................................	0	8	6
Group III.......................................................................................	0	7	6
Trooper, Gunner, Sapper, Signalman, Driver or Private (not classed as a tradesman or specialist)..................................................................................	0	6	6”

; and

(b) by inserting, after sub-regulation (ii), the following sub-regulation:—

“(iia) For the purposes of sub-regulation (i) of this regulation, the Minister shall determine the Group within which any particular tradesman or specialist or class of tradesmen or specialists shall be classified.”.

Repeal of regulation 134A.

25. Regulation 134a of the Military Financial Regulations is repealed.

Staff of Citizen Force Units—Conditions of pay.

26. Regulation 137 of the Military Financial, Regulations is amended by inserting, after sub-regulation (i), the following sub-regulation:—

“(ia) There shall be deducted from the pay of a member of a Citizen Force staff who is employed on part time duty and is entitled to pay under regulation 134 of these Regulations an amount computed on the basis of one-twelfth of the total amount payable in accordance with this regulation in the financial year concerned for each month of part time duty.”.

Payment in arrear of camp and home-training pay.

27. Regulation 141 of the Military Financial Regulations is amended—

(a) by omitting the words “and peace training allowance”;

(b) by omitting from paragraph (a) the word “For” and inserting in its stead the words “Except in time of war, for”;

(c) by inserting, after paragraph (a), the following paragraph:—

“(aa)In time of war, payment of amounts earned by members in camps of continuous training and schools and courses of instruction shall be made at such times as the Military Board directs.”;

(d) by inserting in paragraph (b), after the word “training,”, the words “when the period of home training is six days or more,”; and

(e) by inserting, after that paragraph, the following paragraph:—

“(bb)For home training, when the period of home training is less than six days, the amounts earned for the whole of the financial year shall be paid in June.”.

Regimental tailor.

28. Regulation 142a of the Military Financial Regulations is amended—

(a) by omitting the word “Payment” and inserting in its stead the words “Except in time of war, payment”; and

(b) by adding at the end thereof the words “In time of war, payment of a regimental tailor shall be made at such times as the Military Board directs.”.

Equivalent additional training.

29. Regulation 144 of the Military Financial Regulations is amended by omitting sub-regulation (ii) and inserting in its stead the following sub-regulation:—

“(ii) A member who, at a camp of continuous training, has completed the whole period of continuous training which he was called upon to perform for the purpose of equivalent additional training required of him may for each whole day’s attendance at the camp be paid dependants allowance in accordance with the provisions of regulation 156 of these Regulations as if that camp were an annual camp of training.”.

Citizen Force adjutants.

30. Regulation 146 of the Military Financial Regulations is amended by adding at the end of sub-regulation (iii) the words “or, in time of war, for any period for which the officer is called up for part time duty”.

Medical and veterinary officers—attendance at camps.

31. Regulation 153 of the Military Financial Regulations is amended by omitting the words “A medical” and inserting in their stead the words “Except in time of war, a medical”.

Repeal of regulations 154 and 155.

32. Regulations 154 and 155 of the Military Financial Regulations are repealed.

33. Regulation 156 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Dependants allowances.

“156. (i) Subject to this regulation, a member of the Citizen Military Forces other than—

(a) a member to whom the War Financial (Military Forces) Regulations apply, or

(b) a member attending home training parades,

may, in respect of his dependants (if any), resident within the Commonwealth, be paid, in addition to his daily rate of pay, dependants allowance for each full day’s duty at the rates specified in regulation 34 of the War Financial (Military Forces) Regulations.

(ii) The allowance prescribed by sub-regulation (i) of this regulation shall be payable only in respect of the following dependants:—

(a) wife,

(b) children under the age of sixteen years,

(c) mother (if wholly dependent on the member),

(d)brothers and sisters under the age of sixteen years (if wholly maintained by the member), and

(e) such other dependants as the District Finance Officer approves.

(iii) An allowance shall not be paid under this regulation unless the claimant makes, before an officer of the unit to which he is attached, a declaration of the particulars establishing his eligibility for payment of the allowance which shall be endorsed by the commanding officer of the unit.

(iv) When the period of continuous duty of a member exceeds twenty-eight days, dependants allowance shall not be payable in pursuance of sub-regulations (i) and (ii) of this regulation, but shall be payable at the rates and in accordance with the conditions prescribed by Part III. of the War Financial (Military Forces) Regulations as if for that period the member were a member to whom those Regulations apply:

Provided that any payment in accordance with the provisions of regulation 54 of the War Financial (Military Forces) Regulations shall not be continued after the termination of the member’s appointed period of duty.”.

Repeal of regulation 158.

34. Regulation 158 of the Military Financial Regulations is repealed.

Horse allowance—Militia Forces.

35. Regulation 164 of the Military Financial Regulations is amended—

(a) by omitting the word “Horse” (first occurring) and inserting in its stead the words “Except in time of war, horse”; and

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

“(ii) In time of war, a member of the Citizen Military Forces who provides a riding horse suitable for the Service shall be paid an allowance at such rate as the Minister determines.”.

Pack horses—rates for hire of.

36. Regulation 164a of the Military Financial Regulations is amended—

(a) by inserting, after the word “held” (second occurring), the words “, except in time of war,”; and

(b) by inserting, before the words “Provided that—”, the words—

“For camps or bivouacs held in conjunction with a camp in time of war At such rate as the Minister determines.”.

Field allowances.

37. Regulation 186 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (i) the word “When” (first occurring) and inserting in its stead the words “Except in time of war, when”;

(b) by omitting from sub-regulation (ii) the word “Officers” and inserting in its stead the words “Except in time of war, officers”;

(c) by omitting from sub-regulation (vi) the words “A chaplain” (first occurring) and inserting in its stead the words “Except in time of war, a chaplain”; and

(d) by adding at the end thereof the following sub-regulations:—

“(vii) In time of war, officers and warrant officers, Class I., when in camp or bivouac or travelling with troops by road, may be allowed camp and field allowances at the following rates:—

Officers (including chaplains)...............	Three shillings per day.
Warrant Officers, Class I......................	One shilling per day.

“(viii) This regulation shall not apply to any member to whom the War Financial (Military Forces) Regulations apply.”.

Mess allowance.

38. Regulation 187 of the Military Financial Regulations is amended by omitting from sub-regulation (i) the words “An allowance” and inserting in their stead the words “Except in time of war, an allowance”.

Batmen.

39. Regulation 191 of the Military Financial Regulations is amended by omitting the word “Formation” and inserting in its stead the words “Except in time of war, formation”.

Allowances.

40. Regulation 193 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(ix) This regulation shall not apply to or in relation to any member in respect of his attendance at a continuous school or course of instruction which commenced on or after the twelfth day of August, 1940, or which was in progress on that date, or to any member to whom the War Financial (Military Forces) Regulations apply.”.

41. After regulation 193 of the Military Financial Regulations the following regulation is inserted:—

Attendance at continuous school or course.

“193a. (i) A member of the Citizen Military Forces who attends a continuous school or course of instruction which commenced on or after the twelfth day of August, 1940, or which was in progress on that date, shall be paid for each day of his attendance thereat and for each day or portion of a day which he occupies in travelling to or from the school or course at the rate prescribed in relation to his rank by regulation 134 of these Regulations.

(ii) If messing and accommodation for sleeping are not provided at the school or course, subsistence allowance may, subject to the approval of the Military Board, be paid at the rate of Two shillings and five pence per day.”.

Travelling allowance.

42. Regulation 197 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(iv) An allowance under this regulation shall not be payable to any member to whom the War Financial (Military Forces) Regulations apply.”.

Subsistence allowance.

43. Regulation 199 of the Military Financial Regulations is amended by omitting the words “A member” and inserting in their stead the words “Except in time of war, a member”.

School of artillery—allowances.

44. Regulation 201 of the Military Financial Regulations is amended by omitting the words “In addition the following allowances may be paid” and inserting in their stead the words “Except in time of war, allowances at the following rates may be paid to such members”.

Commuted value of ration scale.

45. Regulation 210 of the Military Financial Regulations is amended by omitting from sub-regulation (ii) the words and figures “, when regulation 220 will apply”.

Allowance at schools in addition to ration scale.

46. Regulation 212 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (i) the words “At schools” and inserting in their stead the words “Except in time of war, at schools”;

(b) by inserting, after that sub-regulation, the following sub-regulation:—

“(ia) Expenditure for the purchase of additional rations and mess amenities may be incurred at the rate of one shilling and three pence per day for each officer and ten pence per day for each soldier in respect of any period commencing after the twenty-fifth day of October, 1940, and expiring—

(a) in the case of an officer, prior to the nineteenth day of June, 1942, and

(b) in the case of a soldier, prior to the sixth day day of May, 1943,

during which that officer or soldier, as the case may be, was in attendance at an Army or Command school.”; and

(c) by inserting in sub-regulation (ii), after the figure “(i)”, the words and figures “or (ia)”.

Repeal of regulation 215.

47. Regulation 215 of the Military Financial Regulations is repealed.

War-time ration—Permanent and Citizen Forces.

48. Regulation 219 of the Military Financial Regulations is amended by omitting the words “in peace time (except when in militia or volunteer force camps, bivouacs, or the like)” and inserting in their stead the words “(except when in militia or volunteer force camps, bivouacs or the like in peace time) and for the Citizen Military Forces in time of war”.

Peace-time ration—Permanent and Citizen Forces.

49. Regulation 220 of the Military Financial Regulations is amended by omitting the words “The standard” (wherever occurring) and inserting in their stead the words “Except in time of war, the standard”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.