Military Financial Regulations (Amendment) (Cth)
REGULATIONS UNDER THE DEFENCE ACT 1903*
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the
Dated this twenty-third day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS
(a) by omitting sub-regulations (2) to (2f) (inclusive) and substituting the following sub-regulations:
“ (2) The amount of child education allowance payable to a member in respect of the attendance in a year of his child at a school is—
(a) where the child boards and resides at the school at which he is undertaking his course of education—the sum of the amount of boarding allowance ascertained in accordance with paragraph (2a) (a) and the amount of tuition allowance ascertained in accordance with sub-regulation (2b); and
* Notified in the
Statutory Rules 1966 No. 35 as
amended to date. For previous amendments
(b) in any other case—the amount of boarding allowance ascertained in accordance with paragraph (2a) (b) or (c), as the case requires.
“ (2a) The amount of boarding allowance is—
(a) where the child boards and resides at the school at which he is undertaking his course of education—an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence at the school (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period in respect of which child education allowance is not payable to the member or during which the school is in vacation);
B is the number of weeks (not including any period in respect of which child education allowance is not payable to the member or during which the school is in vacation) in the year during which the child boards and resides at the school; and
C is the number of weeks in the year during which tuition is given to students at the school;
(b) where the child boards and resides at a guesthouse, hostel or other commercial boarding establishment—an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence at the guest-house, hostel or other establishment (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period in respect of which child education allowance is not payable to the member or during which the school at which the child is enrolled is in vacation);
B is the number of weeks (not including any period in respect of which child education allowance is not payable to the member or during which the school at which the child is enrolled is in vacation) in the year during which the child boards and resides at the guest-house, hostel or other establishment; and
C is the number of weeks in the year during which tuition is given to students at the school at which the child is enrolled; and
(c) where the child boards and resides, or resides, at a place other than a school or boarding establishment of a kind referred to in paragraph (a) or (b)—so much of the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence, or residence, at that place as does not exceed the amount in dollars calculated in accordance with the formula—
where—
B is the number of weeks (not including any period in respect of which child education allowance is not payable to the member or during which the school at which the child is enrolled is in vacation) in the year during which the child boards and resides, or resides, at the place; and
C is the number of weeks in the year during which tuition is given to students at the school at which the child is enrolled.
“ (2b) The amount of tuition allowance is an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision of tuition for the child at the school (other than so much of those fees and charges as is levied or incurred exclusively in respect of tuition provided during a period in respect of which child education allowance is not payable to the member);
B is the number of weeks (not including any period in respect of which child education allowance is not payable to the member) in the year during which the child receives tuition at the school; and
C is the number of weeks in the year during which tuition is given to students at the school.
“ (2c) A reference in paragraph (2a) (a) to a child who hoards and resides at the school at which he is undertaking his course of education includes a reference to a child who boards and resides at a hostel maintained by the school for the purpose of providing board and residence for children attending the school.”; and
(b) by omitting sub-regulations (5) and (6) and substituting the following sub-regulations:
“ (5) Child education allowance is payable in respect of the attendance of a child at a school during the prescribed period applicable in respect of that child.
“ (6) The prescribed period applicable in respect of a child—
(a) being a child referred to in paragraph (2a) (a)—
(i) in respect of boarding allowance—is the period that commences at the beginning of the school term in which the member proceeds oversea, or on the day on which the child commences to board and reside at the school, whichever is the later; and
(ii) in respect of tuition allowance—is the period that commences at the beginning of the school term in which the member proceeds oversea,
and ends on the relevant day;
(b) being a child referred to in paragraph (2a) (b) or (c)—is the period that commences on the day on which the member proceeds oversea and ends on the relevant day; and
(c) being a child referred to in sub-regulation (2a) who is oversea with the member—is the period that commences on the day on which the child arrives in Australia or the United Kingdom, as the case requires, for the purpose of attending school and ends on the relevant day.
“ (7) The relevant day is—
(a) in the case of a child who attends a school that is situated in the locality to which the member returns, being a child referred to in paragraph (2a) (a)—
(i) in respect of boarding allowance—the day that is the last day of the school term during which, or immediately after which, the member returns; and
(ii) in respect of tuition allowance—the day that is the last day of the school year, being the school year during which, or immediately after which, the member returns;
(b) in the case of a child who attends a school that is situated in the locality to which the member returns, being a child other than a child referred to in paragraph (2a) (a)—the day on which the member returns to that locality;
(c) in any other case—
(i) the day that is the last day of the school year during which the member returns; or
(ii) the day that is the last day of the school year during which the child attains the age of 20 years,
whichever first occurs.
“ (8) Nothwithstanding the provisions of sub-regulation (7), where at the time the member returns to Australia—
(a) a child of the member who is attending school in Australia is in the last or second-last year of secondary education; and
(b) the child has been attending that school for the 3 school terms immediately preceding the return of the member,
the relevant day is—
(c) in the case of a child who attends a school that is situated in the locality to which the member returns, being a child referred to in paragraph (2a) (a)—
(i) in respect of boarding allowance—the day that is the last day of the school term during which, or immediately after which, the member returns; and
(ii) in respect of tuition allowance—the day on which the child completes his secondary schooling at that school;
(d) in the case of a child who attends a school that is situated in the locality to which the member returns, being a child other than a child referred to in paragraph (2a) (a)—the day on which the member returns to that locality;
(e) in any other case—the day on which the child completes his secondary schooling at that school.
“ (9) Where a child in respect of whom child education allowance is payable is awarded, by the Government of the Commonwealth, a State or a Territory, a scholarship under which—
(a) a living allowance;
(b) an allowance for the purchase of text books and equipment; and
(c) an allowance towards the cost of the fees for the child’s attendance at school,
is payable to a member—
(d) the child education allowance payable to the member is reduced by an amount equal to the sum of—
(i) one-half of the allowance for the purchase of text books and equipment; and
(ii) the allowance towards the cost of the fees for the child’s attendance at the school; and
(e) the member shall notify the Department of the award of the scholarship to the child and give details of the amount payable under the scholarship.
“ (10) Where the spouse of a member proceeds oversea after the member, a reference in this regulation to the day on which a member proceeds oversea shall be read as a reference to the day on which the member’s spouse proceeds oversea.
“ (11) Where the spouse of a member returns to Australia before the member, a reference in this regulation to the return of the member shall be read as a reference to the return of the member’s spouse.
“ (12) Child education allowance payable in accordance with this regulation may be paid in 3 instalments, each instalment being—
(a) payable at the end of a school term; and
(b) in respect of each of the first 2 instalments—an amount that does not exceed the prescribed amount.
“ (13) For the purpose of paragraph (12) (b), the prescribed amount, in respect of the attendance in a year of a child at a school, is an amount equal to one-third of the amount that would be payable in respect of the child in accordance with sub-regulation (2) if the attendance in that year of the child at the school were deemed to be attendance of the child at the school in the year immediately preceding that year.”.
(2) In the application of regulation 159 of the Military Financial Regulations, as amended by regulation 1, to and in relation to the attendance of a child at a school year during the year that commenced on 1 January 1976—
(a) paragraph 159 (2a) (a) shall be read as if there were substituted “ 295 ” for “ 330 ” and “ 1230 ” for “ 1300 ”;
(b) paragraph 159 (2a) (b) shall be read as if there were substituted “ 450 ” for “ 510 ” and “ 1180 ” for “ 1470 ”;
(c) paragraph 159 (2a) (c) shall be read as if there were substituted “ 600 ” for “ 790 ”; and
(d) sub-regulation 159 (2b) shall be read as if there were substituted “ 50 ” for “ 100 ” and “ 1300 ” for “ 1460 ”.
(a) where these Regulations come into operation on a day that is part of a school term for that school—the last day of that school term; or
(b) in any other case—the last day of the immediately preceding school term,
the amount of education allowance payable to the member shall be the greater of the following amounts:
(c) the amount payable to the member under the Military Financial Regulations as in force before the commencement of these Regulations;
(d) the amount payable to the member under the Military Financial Regulations as amended by these Regulations.
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