Military Financial Regulations (Amendment) (Cth)

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Statutory Rules

1976 No. 11

REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.

Dated this twentieth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

 

Amendments Of the Military Financial Regulations  

Amendments declared to be relevant amendments for the purposes of regulation 17 of the Defence Force (Reserves) (Financial) Regulations.

1. The amendments effected by these Regulations are declared to be the relevant amendments of the Military Financial Regulations for the purposes of regulation 17 of the Defence Force (Reserves) (Financial) Regulations.

Conditions applicable to rates of salary.

2. Regulation 12h of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (1) the words and figures “ 12 to 12g (inclusive) of these Regulations ” and substituting the words and figures “ 12aa to 12f (inclusive) and for the purposes of the Defence Force (Salaries) Regulations ”;

(b) by inserting before paragraph (c) of sub-regulation (1) the following paragraph:—

“ (a) a member’s period of service in a rank does not include any period for which he is on leave of absence without pay; and ”;

(c) by omitting from paragraph (c) of sub-regulation (1) the word “ length ” and substituting the word “ period ”;

(d) by omitting from paragraph (c) of sub-regulation (1) all words from and including “ for the purpose ”; and

* Notified in the Australian Government Gazette on 30 January 1976.

  Statutory Rules 1966, No. 35, as amended, to date. For previous amendments of the Military Financial Regulations see footnote  to Statutory Rules 1976, No. 5 and see also Statutory Rules 1976, Nos. 5 and 7.

 

(e) by omitting from sub-regulation (5) the words “ purpose of determining the member’s rate of pay upon appointment and his incremental advancement ” and substituting the words “ purposes of regulations 12aa to 12f (inclusive) and of the Defence Force (Salaries) Regulations ”.

Calculation of salary.

3. Regulation 15 of the Military Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (6) the word “ or ” (last occurring); and

(b) by adding at the end of sub-regulation (6) the following word and paragraph:—

“ or (c) in the case of a member of the Regular Army Reserve, the Regular Army Emergency Reserve or the Citizen Military Forces, who is rendering continuous full-time service—the day on which he ceases to render that service. ”.

4. After regulation 17b of the Military Financial Regulations, the following regulation is inserted:—

Application, of regulations 17A and 17B to certain members.

“ 17ba. In the application of regulations 17a and 17b to and in relation to a member of the Regular Army Reserve, the Regular Army Emergency Reserve or the Citizen Military Forces, being a member who is rendering continuous full-time service, a reference to the termination of the set-vices of a member shall be read as a reference to the member ceasing to render continuous full-time service. ”.

Payment of fees for courses of study.

5. Regulation 171 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (3) the words “ active pay and allowances payable to him under these Regulations ” and substituting the words “ salary and allowances payable to him ”;

(b) by omitting from sub-regulation (4) the word “ pay ” and substituting the word “ salary ”; and

(c) by omitting from sub-regulation (4) the words “ under these Regulations ” and substituting the words “ in respect, of his service ”.

Post-graduate and refresher courses—Medical. Officers.

6. Regulation 172 of the Military Financial Regulations is amended by omitting from sub-regulation. (4) the words “ pay and allowances that are or become payable to him under these Regulations ” and substituting the words “ salary and allowances that are or become payable to him in respect of his service ”.

Efficiency grant.

7.(1) Regulation 199 of the Military Financial Regulations is repealed.

(2) Where an efficiency grant would be payable to a member, being a member who was a member immediately before the commencement of this sub-regulation, on completion by him of a particular year’s efficient service if regulation 199 of the Military Financial Regulations had not been repealed by sub-regulation (1), an amount equal to the amount of the efficiency grant that would have been payable to him if that repeal had not been effected is, subject to sub-regulation (3), payable to the member on completion by him of that service.

(3) Where an amount is payable to a member under sub-regulation (2) on completion by him of a year’s efficient service, no amount is payable to the member under that sub-regulation on completion by him of a subsequent year’s efficient service.

(4) In sub-regulations (2) and (3)—

“ member ” means a member of the Citizen Military Forces other than—

(a) an officer; or

(b) a member rendering continuous full-time service;

“ year’s efficient service ” means a year’s service that would, but for the repeal effected by sub-regulation (1), be a year’s efficient service for the purposes of regulation 199 of the Military Financial Regulations as in force immediately before the commencement of this sub-regulation.

8. Regulation 205 of the Military Financial Regulations is repealed and the following regulation substituted:—

Diving Allowance.

“ 205. (1) In this regulation, ‘diver’ has the same meaning as in regulation 17 of the Defence Force (Salaries) Regulations.

“ (2) Subject to sub-regulations (3) and (4), an allowance, called ‘diving allowance’, is payable to a diver in respect of the time during which he is—

(a) under water; or

(b) under compression,

in the course of a diving operation authorized by his commanding officer, at the rate specified, in relation to the greatest depth reached by the diver in the course of the diving operation, in the following table:—

Depth attained in metres

Rate per minute

cents

37 or less ..........................................................................................................

1

Over 37 but not more than 55 ............................................................................

2

Over 55 but not more than 73 ............................................................................

3

Over 73 but not more than 91 ............................................................................

4

Over 91 but not more than 101 ..........................................................................

5

Over 101 but not more than 110 .........................................................................

6

“ (3) For the purpose of sub-regulation (2), 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 by the diver in the course of the diving operation.

“ (4) Subject to sub-regulation (5), where a member who is a diver attends another diver during a diving operation, the member shall not be paid diving allowance but shall be paid an allowance—

(a) equal to one-fifth of the amount of diving allowance payable to the diver attended by the member in respect of that operation, calculated to the nearest cent; or

(b) if the attendant is employed in a compression chamber—calculated at a rate equal to the rate of diving allowance payable to the diver attended by the member in respect of that diving operation.

“ (5) Where a diver attends more than one other diver during a diving operation, diving allowance is payable in accordance with sub-regulation (4) as if he had attended only one other diver during the diving operation. ”.

Officers of Cadets—pay.

9. Regulation 224 of the Military Financial Regulations is amended—

(a) by omitting from, sub-regulation (1) the words and figures “ the table in sub-regulation (1) of regulation 190 of these Regulations ” and substituting the words “ the following table:— ”; and

(b) by adding at the end of sub-regulation (1) the following table:—

Rank

Rate per day

$

Lieutenant ...................................................................................

16.43

Captain ........................................................................................

20.66

Major ..........................................................................................

27.69

Lieutenant-Colonel ......................................................................

33.75

Further amendments of the Military Financial Regulations.

10. The Military Financial Regulations are amended as set out; in the Schedule.

SCHEDULE Regulation 10

Amendments of the Military Financial Regulations

Provision

Amendment

Regulation 4 .................

Repeat.

Sub-regulation 5 (1) ......

Omit the definitions of “ child ”, “ court order allotment ”, “ full rate ” and “ home ”.

Omit the definition of “ married member ”, substitute the following definition:—

“ ‘ married member’ means a member who is a category M member or a category MS member; ”.

Omit the definitions of “ qualifying allotment ” and “ separation ”. After the definition of “ remote locality ” insert the following definition:—

“ ‘reserve member’ means a member who—

(a) is not a member of the Australian Regular Army or the Regular Army Supplement; and

(b) is not rendering continuous full-time service; ”.

Omit from the definition of “ the Department ” the words “ the Army ”, substitute “ Defence ”.

Sub-regulation 5 (3) ......

Omit, substitute the following sub-regulations:—

“ (3) In these Regulations, the expressions ‘category M member’, ‘category MS member’, ‘category O member’, ‘child’, ‘de facto wife’, ‘dependant’ and ‘home’ have the same respective meanings as in the Defence Force (Salaries) Regulations.

“ (4) In these Regulations, a reference to a member other than a married member shall be read as a reference to a category O member.

“ (5) In these Regulations, a reference to the wife of a member shall be read as including a reference to the de facto wife of the member and a reference to a female who was formerly the wife of a member shall be read as including a reference to a female who was formerly the de facto wife of the member.

“ (6) In these Regulations, a reference, however expressed to the Military Forces of a country other than Australia shall be read as a reference to that part of the defence forces of that country responsible for the military defence of that country.

Schedule—continued

Amendments of the Military Financial Regulations—continued

Provision

Amendment

Sub-regulation 5 (3)—continued

“ (7) In the application of these Regulations to a reserve member, a reference to salary shall be read as a reference to pay.

“ (8) Where, in a provision of these Regulations, reference is made to an expression which, by virtue of this regulation—

(a) has the same meaning as an expression has in the Defence Force (Salaries) Regulations; or

(b) is to be read as a reference to an expression within the meaning of the Defence Force (Salaries) Regulations, in relation to a member other than a reserve member, that expression has a corresponding meaning in relation to a reserve member. ”.

Regulation 8a ...............

Repeal, substitute the following regulation:—

“ 8A In these Regulations, a reference to an officer who is in receipt of salary at a consolidated rate shall be read as a reference to an officer who—

(a) holds an appointment specified in sub-section 9A (1) of the Act;

(b) holds a rank specified in Schedule I to the Defence Force (Salaries) Regulations or a higher rank; or

(c) being a medical officer or a dental officer, holds the rank of Lieutenant-Colonel or a higher rank.”.

Heading to Part II ..........

Omit, substitute the following heading:—

“ Part 11—Members Rendering Continuous Full-time Service ”.

Regulation 10 ...............

Omit the definition of “ member ”, substitute the following definition:—

“ ‘member’ means—

(a) a member of the Australian Regular Army or the Regular Army Supplement; or

(b) any other member of the Military Forces rendering continuous full-time service; ”,

Regulation 11 ...............

Repeal.

Regulation 12 ...............

Repeal.

Regulation 12a .............

Repeal.

Sub-regulation 12aa (2)

Omit.

Sub-regulation 12aa (3)

Omit.

Sub-regulation 12aa (4)

Omit “ pay ” (first and second occurring), substitute “ salary ”.

Regulation 12aaa .........

Repeal.

Regulation 12aab .........

Repeal.

Sub-regulation 12b (1) ...

Omit.

Sub-regulation 12b (2) ...

Omit.

Sub-regulation 12b (3) ...

Omit.

Sub-regulation 12b (5) ...

Omit “ in the Second or Third Schedule to these Regulations ”, substitute “ in Part I of Schedule 7 or in Part I of Schedule 8 to the Defence Force (Salaries) Regulations”.

Sub-regulation 12b (8) ...

Omit.

Sub-regulation 12b (9) ...

Omit.

Sub-regulation 12ba (1).

Omit, substitute the following sub-regulation:—

“ (I) In this regulation—

‘prescribed day’ means 26 August 1971;

‘prescribed table’ means—

(a) in relation to a male member—Part II or Part III of Schedule 7 to the Defence Force (Salaries) Regulations; or

(b) in relation to a female member—Part II or Part III of Schedule 8 to those Regulations.”.

Sub-regulation 12ba (3).

Omit.

Sub-regulation 12ba (4).

Omit “ per day at which pay ” substitute “ at which salary ”,

Omit “, subject to regulations 12bc and 12g of these Regulations”.

Omit paragraph (a).

Schedule—continued

Amendments of the Military Financial Regulations—cotinued.

Provision

Amendment

Sub-regulation 12ba (4)—continued

Omit from paragraph (b) “ in the paragraph in the second or third column, whichever is applicable to the soldier) of item 4 in the prescribed table ”, substitute “ in the prescribed table in relation to the period of service”.

Add at end of paragraph (b) “ and ”.

Omit paragraph (c).

Omit from paragraph, (d) “ pay ” (wherever occurring), substitute “ salary ”.

Omit from paragraph (d) “ in a paragraph (in the second or third column, whichever is applicable to the soldier) of the item”.

Omit from paragraph (d) “ specified in that paragraph of that item ”, substitute “ so specified”.

Sub-regulation 12ba (5)

Omit “ in an item (in the first column)”.

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Omit “ the last preceding sub-regulation and to ”.

Omit paragraph (a), substitute the following paragraph:—

“ (a) the lowest rate specified in relation to that rank in the prescribed table; or ”.

Omit from paragraph (b) “ a rate specified in another paragraph of the item ”, substitute “ another rate specified in relation to that rank ”.

Sub-regulation 12ba (6)

Omit, substitute the following sub-regulation:—

“ (6) In ascertaining the rate at which salary is payable to a soldier of the Regular Army Emergency Reserve, the Regular Army Reserve or the Citizen Military Forces who—

(a) commences to render continuous full-time service; and

(b) holds, on the day on which he commences to render that service, a rank specified in the prescribed table,

sub-regulation (5) applies as if the soldier had enlisted in the Australian Regular Army on that day. ”.

Sub-regulation 12ba (7)

Omit.

Sub-regulation 12ba (8)

Omit.

Sub-regulation 12ba (9)

Omit.

Sub-regulation 12ba (10)

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 12ba (11)

Add at the end of paragraph (b) “ and ”.

Omit from paragraph (c) “ or ” (last occurring).

Omit paragraphs (d) and (e).

Sub-regulation 12ba (12)

Omit.

Sub-regulation 12ba (13)

Omit. substitute the following sub-regulation:—

“ (13) Where a soldier is reduced to a lower rank, being a rank specified in the prescribed table, the rate at which salary is payable to the soldier is the rate at which salary would be payable to the soldier if the soldier had, on the day on which he is so reduced, enlisted in the Permanent Military Forces with that rank. ”.

Sub-regulation 12ba (14)

Omit “, (6) or (9) of this regulation ”.

Sub-regulation 12ba (15)

Omit “ or reverted ”.

Omit “ at ”, substitute “ as ”.

Omit “ daily rate of pay ”, substitute “ rate of salary ”,

Sub-regulation 12ba (2)

Omit from paragraph (a) “ in the Second or Third Schedule to these Regulations, whichever is applicable to the soldier, ”, substitute “ in Schedule 7 to the Defence Force (Salaries) Regulations, in the case of a male soldier, or in Schedule 8 to those Regulations, in the case of a female soldier ”.

Omit from paragraph (b) “ per day ”.

Omit from paragraph (b) “ rate of pay ”, substitute “ rate of salary ”.

Sub-regulation 12bb (3) .

Omit.

Sub-regulation 12bb (4).

Omit.

Sub-regulation 12bc (1) .

Omit, substitute the following sub-regulation:—

“ (1) In this regulation, ‘prescribed table’ has the same meaning as in regulation 12BA. ”.

Sub-regulation 12bc (2) .

Omit.

Sub-regulation 12bc (3) .

Omit.

Schedule—continued

Amendments of the Military Financial Regulations—continued

Provision

Amendment

Sub-regulation 12bc (4) ......................................

Omit.

Sub-regulation 12bc (5) ......................................

Omit “ an item in the table in sub-regulation (3) of regulation 12ba of these Regulations (in the first column), in receipt of pay at a rate specified in the scale of rates in that item (in the second column or third column, whichever is applicable to the soldier) ”, substitute “ the prescribed table, in receipt of salary at a rate specified in the scale of rates in the prescribed table in relation to that rank ”.

Omit “ pay ” (second occurring), substitute “ salary ”.

Omit “ , and the soldier is then to be taken to be in receipt of pay at that rate accordingly for the purpose of determining the date on which he is entitled to receive an increment of pay under this regulation ”.

Sub-regulation 12bc (7) ......................................

Omit.

Sub-regulation 12bc (8) ......................................

Omit.

Regulation 12c ......................................

Repeal.

Regulation 12D ......................................

Repeal.

Sub-regulation 12f (1) ......................................

Omit.

Sub-regulation 12f (2) ......................................

Omit.

Sub-regulation 12f (3) ......................................

Omit “ Subject to the next succeeding sub-regulation, where ”, substitute “ Where ”.

Omit “ daily rate of pay ” (wherever occurring), substitute “ rate of salary ”.

Sub-regulation 12f (4) ......................................

Omit.

Sub-regulation 12f (5) ......................................

Omit.

Sub-regulation 12f (6) ......................................

Omit.

Sub-regulation 12f (7) ......................................

Omit.

Regulation 12G ......................................

Repeal.

Sub-regulation 13 (1) ......................................

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 13 (2) ......................................

Omit “ fourteen cents per day ”, substitute “ $52.00 per year ”.

Sub-regulation 15 (1) ......................................

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 15 (2) ......................................

Omit “ in sub-regulation (5) of regulation 12 or sub-regulation (3) of regulation 12d of these Regulations ”, substitute “ in item 7 of Schedule 9 to the Defence Force (Salaries) Regulations, being a member who is undertaking a medical course at a University ”.

Sub-regulation 15 (3) ......................................

Omit “ in sub-regulation (6) of regulation 12 of these Regulations ”, substitute “ in item 7 of Schedule 9 to the Defence Force (Salaries) Regulations, being a member who is undertaking a course at a University other than a medical course

Sub-regulation 15 (5) ......................................

Omit “ pay ” wherever occurring, substitute “ salary ”

Omit “ private recruit ”, substitute “ normal entry recruit ”.

Sub-regulation 15 (6) ......................................

Omit “ pay ” substitute “ salary ”.

Sub-regulation 15 (7) ......................................

Omit.

Sub-regulation 16 (1) ......................................

Omit “ pay and allowances under these Regulations ” substitute “ allowances under these Regulations and salary and allowances under the Defence Force (Salaries) Regulations ”.

Sub-regulation 16 (2) ......................................

Omit “ pay and allowances under these Regulations ”, substitute “ salary and allowances ”.

Sub-regulation 16 (3) ......................................

Omit “ pay and allowances under these Regulations ”, substitute “ salary and allowances ”.

Sub-regulation 16 (4) ......................................

Omit “ pay and allowances under these Regulations ”, substitute “ salary and allowances ”.

Sub-regulation 16 (5) ......................................

Omit “ pay and allowances under these Regulations ”, substitute “ salary and allowances ”.

Sub-regulation 16 (8) ......................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 17 (1) ......................................

Omit from paragraph (c) “ pay ”, substitute “ salary ”.

Omit from paragraph (d) “ pay and, subject to regulation 27 of these Regulations, the whole of his allowances ”, substitute “ salary and allowances ”.

Sub-regulation 17a (1) ......................................

Omit “ in the Australian Regular Army or the Regular Army Supplement ”.

Omit “ in that force ” (wherever occurring).

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 17a (2) ......................................

Omit.

Schedule—continued

Amendments of the Military Financial Regulations—Continued

Provision

Amendment

Sub-regulation 17a (2a) ...................................

Omit “ of the Australian Regular Army or the Regular Army Supplement ” (wherever occurring).

Omit “ the preceding sub-regulations of this regulation ”, substitute “ sub-regulation. (1) ”.

Sob-regulation 17a (3) ...................................

Omit “ sub-regulations (1) and (2) of this regulation ”, substitute “ sub-regulation (1) ”.

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 17b (1) ...................................

Omit “ of the Australian Regular Army or the Regular Army Supplement ”.

Omit “ in those Forces ”,

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 17b (3) ...................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 17B (4) ...................................

Omit “ any sums payable to the member under these Regulations substitute ” salary and allowances payable, or that will become payable, to the member by Australia in respect of his “ service ”.

Sub-regulation 17c (1) ...................................

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 17c (3) ...................................

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”.

Sub-regulation 17c (4) ...................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 18 (1) ...................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 18 (2) ...................................

Omit “ pay ”, substitute “ salary ”.

Heading to Division 3 of Part II

Omit, substitute the following heading:—

“ Division 3—Allowances for applicants, members under arrest, etc. ”.

Regulation 19 ...................................

Repeal.

Regulation 20 ...................................

Repeal.

Regulation 21 ...................................

Repeal.

Regulation 22 ...................................

Repeal.

Regulation 23 ...................................

Repeal.

Regulation 24 ...................................

Repeal.

Sub-regulation 25 (1) ...................................

Omit.

Sub-regulation 26 (1) ...................................

Omit “ to a member ”, substitute “ in respect of the dependants of a member ”.

Sub-regulation 26 (2) ...................................

Omit all words after “ exceed ”, substitute “ is payable at the rate of $1.95 per day ”.

Sub-regulation 26 (4) ...................................

Omit.

Regulation 27 ...................................

Repeal.

Sub-regulation 28 (1) ...................................

Omit from paragraph (b) “ pay ” substitute “ salary ”.

Sub-regulation 29 (1) ...................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 29 (3) ...................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 29 (4) ...................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 29 (5) ...................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 29 (6) ...................................

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 32 (4) ...................................

Omit “ the pay and allowances that are or become payable to him under these Regulations ”, substitute “ Moneys that are or become due to him by Australia in respect of his service ”.

Sub-regulation 33 (3) ...................................

Omit “ subject to the next succeeding sub-regulation, the ”, substitute “ The ”.

Sub-regulation 33 (4) ...................................

Omit.

Sub-regulation 33 (5) ...................................

Omit.

Sub-regulation 33a (2) ...................................

Omit “ Subject to the next succeeding sub-regulation, the ”, substitute “ The ”.

Sub-regulation 33a (3) ...................................

Omit.

Sub-regulation 33a (4) ...................................

Omit.

Regulation 35 ...................................

Repeal.

Sub-regulation 36 (1) ...................................

Omit “ Fifteen cents ”, substitute “ 60 cents ”.

Regulation 37 ...................................

Repeal.

Sub-regulation 38 (2) ...................................

Add at the end thereof the following definition:—

“ ‘member’ does not include a member of the Regular Army Emergency Reserve. ”.

Regulation 39...................................

Repeal.

Sub-regulation 40 (1)...................................

Omit “ under these Regulations ”.

Sub-regulation 41 (4)...................................

After “ service ” (first occurring), insert or serves with a survey party, ”.

After “ service in ”, (second occurring) insert “ or having served with a survey party in, ”.

Schedule—continued

Amendments of the Military Financial Regulations—continued.

Provision

Amendment

Sub-regulation 43 (1) .........

Insert, before paragraph (a), the following paragraph:—

“ (aa) a member who serves with a survey party at the Weapons Research Establishment, Woomera; ”.

Sub-regulation 44 (1) .........

Insert before paragraph (a), the following paragraph:—

“ (aa) a member who serves with a survey party at the Research Establishment, Maralinga; ”,

Regulation 46 ....................

After “ unit ” insert “ , or serves as a member of a survey party, ”.

Regulation 48 ....................

Omit “ pay ”, substitute “ salary ”.

Regulation 49 ....................

Omit “ pay ”, substitute “ salary ”.

Regulation 50 ....................

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 51 (1) .........

Omit “ pay ”, substitute “ salary ”.

Omit “ clothing ”, substitute “ uniform ”.

Sub-regulation 51 (2) .........

Omit “ pay ” substitute “ salary ”.

Sub-regulation 51 (3) .........

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 51 (4) .........

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 51 (5) .........

Omit “ pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 52 (5) .........

Omit “ eligible for pay under these Regulations ”, substitute “ entitled to be paid salary under the Defence Force (Salaries) Regulations ”.

Sub-regulation 53 (1) .........

Omit paragraph (a), substitute the following paragraph:—

“ (a) to or for the benefit of his wife; or ”.

Sub-regulation 54 (1) .........

Omit sub-paragraph (i) of paragraph (a), substitute the following sub-paragraph:—

“ (i) to or for the benefit of his wife; or ”.

Sub-regulation 54 (2) .........

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 54 (3) .........

Omit “ from the pay and allowances due to the member as at the date of his death or presumed death, ”, substitute “ under that sub-regulation ”.

Regulation 60 ....................

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 62 (1) .........

After “ member ”, insert “ of the Australian Regular Army or Regular Army Supplement ”.

Sub-regulation 65 (1) .........

After “ serving ”, insert “ in the Australian Regular Army or Regular Army Supplement ”.

Sub-regulation 68 (1) .........

After “ service ”, insert “ in the Australian Regular Army or Regular Army Supplement ”.

Omit “ and ”, substitute “ or of ”.

Sub-regulation 69(1) .........

After “ soldier ” (first occurring), insert “ in the Australian Regular Army or Regular Army Supplement ”.

Regulation 70 ....................

Omit from paragraph (h) “ pay ”, substitute “ salary ”.

Sub-regulation 71 (1) .........

Omit “ the dependent in respect of whom the member was eligible for the full rate of marriage allowance ”, substitute “ his wife ”.

Regulation 72 ....................

Add at the end thereof the following sub-regulation:—

“ (8) in this regulation—

“ ‘member means a member of the Australian Regular Army or Regular Army Supplement; soldier means a member who is a soldier ”.

Sub-regulation 73 (1) .........

After “ member ” insert “ of the Australian Regular Army or the Regular Army Supplement ”.

Sub-regulation 101 (1) .......

Omit, substitute the following sub-regulation:—

“ (1) Where a member—

(a) is a category M member or a category MS member to whom travelling allowance would otherwise be payable under this Part lives in in service accommodation without charge to the member;

(b) is a category O member who lives is in service accommodation and is charged rations and quarters charge in accordance with regulation 19 of the Defence Force (Salaries) Regulations; or

(c) is travelling on a journey extending overnight and the fare paid for the journey includes payment for all necessary subsistence and accommodation during the journey,

Schedule—continued

Amendments of the Military Financial Regulations—continued

Provision

Amendment

Sub-regulation 101 (1)—continued

the member shall not be paid an allowance in accordance with the preceding provision of this Part but shall be paid an allowance to cover incidental expenses at the rate applicable to the member under this regulation. ”.

Sub-regulation 110 (1) .......

Omit the definition of “ child ”, substitute the following definition:—

“ ‘child’, in relation to a member, means a child (whether born in or outside wedlock), a step-child or a legally adopted child of—

(a) the member;

(b) the wife of the member; or

(c) a female who was formerly the wife of the member; ”.

Regulation 129 ..................

Repeal.

Sub-regulation 135 (1) .......

Omit the definition of “ child ”, substitute the following:—

“ ‘child’, in relation to a member, means a child (whether born in or outside wedlock), a step-child or a legally adopted child of—

(a) the member;

(b) the wife of the member; or

(c) a female who was formerly the wife of the member; ”

Sub-regulation 166 (5) .......

Omit “ in respect of whom marriage allowance is payable ”.

Regulation 169 ..................

Omit “ pay ”, substitute “ salary ”.

Regulation 173 ..................

Repeal.

Regulation 180 ..................

Repeal.

Regulation 181 ..................

Repeal.

Regulation 182 ..................

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 183 (6) .......

Omit.

Regulation 184a ................

Repeal.

Regulation 187 ..................

Omit “ Division 4 and Divisions 9to 15 (inclusive) ”, substitute “ Divisions 9 and 10 ”.

After “ service ” insert ”, other than continuous full-time service, ”.

Regulation 188 ..................

Omit the definition of “ major-general ”.

From the definition of “ member ”—

(a) omit paragraph (d), substitute the following paragraph:—

“ (d) a member of the Citizen Military Forces who is rendering continuous full-time service; or ”;

(b) omit from paragraph (e) “ or ”; and

(c) omit paragraph (f).

After the definition of “ member ” insert the following definition:—

“ ‘officer who is in receipt of pay at an annual rate’ means an officer who is paid under regulation 4 of the Defence Force (Reserves) (Financial) Regulations; ”.

Sub-regulation 189 (1)

Omit.

Sub-regulation 189 (2) .......

Omit “ sub-regulation (1) of this regulation ”, substitute “ regulation 4 of the Defence Force (Reserves) (Financial) Regulations ”.

Regulation 190 ..................

Repeal.

Regulation 190a ................

Repeal.

Regulation 192 ..................

Repeal.

Sub-regulation. 193 (1) ......

Omit “ a member referred to in regulation 189 of these Regulations ”, substitute “ an officer who is in receipt of pay at an annual rate ”.

Sub-regulation 193 (5) .......

Omit “ a member referred to in regulation 189 of these Regulations ”, substitute “ an officer who is in receipt of pay at an annual rate ”,

Sub-regulation 194 (1) .......

Omit paragraph (a), substitute the following:—

“ (a) an officer who is in receipt of pay at an annual rate; or

Sub-regulation 195 (1) .......

Omit “ a member referred to in regulation 189 of these Regulations ”, substitute “ an officer who is in receipt of pay at an annual rate ”.

Sub-regulation 195 (2) .......

Omit paragraph (a), substitute the following paragraph:—

“ (a) an officer who is in receipt of pay at an annual rate; or ”.

Omit “ under these Regulations ”.

 

Schedule—continued

Amendments of the Military Financial Regulations—continued

Provision

Amendment

Regulation 196 ......................................

Repeal.

Regulation 197 ......................................

Repeal.

Regulation 198 ......................................

Repeal.

Regulation 200 ......................................

Repeal.

Sub-regulation 200a (1) ......................................

Omit “ Citizen ”, substitute “ Active Citizen ”.

Sub-regulation 200a (3) ......................................

Omit.

Regulation 204 ......................................

Repeal.

Sub-regulation 206 (2) ......................................

Omit “ Division 2 of this Part ”, substitute “ the Defence Force (Reserves) (Financial) Regulations ”.

Sub-regulation 207 (4) ......................................

Omit “ Division 2 of this Part ”, substitute “ the Defence Force (Reserves) (Financial) Regulations ”.

Sub-regulation 208 (2) ......................................

Omit “ a rate of pay is prescribed for the member under Division 2 of this Part ”, substitute “ the member is eligible for pay under the Defence Force (Reserves) (Financial) Regulations ”.

Sub-regulation 208 (3) ......................................

Omit, substitute the following:—

“ (3) An allowance under this regulation is not payable to a member in respect of a day for which the member is eligible for pay under the Defence Force (Reserves) (Financial) Regulations. ”.

Sub-regulation 209 (1) ......................................

Omit “ , called ‘attendance allowance’, ”.

Sub-regulation 209 (2) ......................................

Omit “ the next succeeding sub-regulation, the attendance allowance ”, substitute “ sub-regulations (3) and (4) and allowance under sub-regulation (1) ”.

Omit “ a rate of pay is prescribed for the member under Division 2 of this Part ”, substitute “ the member is eligible for pay under the Defence Force (Reserves) (Financial) Regulations ”.

Sub-regulation 209 (3) ......................................

Omit all words from and including “ eligible ”, substitute “ eligible for pay under regulation 5 of the Defence Force (Reserves) (Financial) Regulations as if he were an officer who holds the rank of Colonel ”.

Sub-regulation 209 (4) ......................................

Omit “ attendance allowance ”, substitute “ an allowance under sub-regulation (1) ”.

Sub-regulation 209 (5) ......................................

Omit, substitute the following:—

“ (5) An allowance under sub-regulation. (1) is not payable to a member in respect of a day for which the member is eligible for pay tinder the Defence Force (Reserves) (Financial) Regulations ”.

Regulation 210 ......................................

Repeal.

Sub-regulation 211 (1) ......................................

Omit “ under these Regulations ”.

Regulation 213 ......................................

Repeal.

Sub-regulation 215 (1) ......................................

Omit “ performing full time duty ”, substitute “ rendering service ”.

Division 6 of Part IV ......................................

Repeal.

Sub-regulation 235 (1) ......................................

Insert at the end of paragraph (a) “ other than an apprentice tradesman who, in the third year of his apprenticeship, is posted from the apprenticeship training establishment ”.

Sub-regulation 236 (4) ......................................

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Regulation 237 ......................................

Repeal.

Sub-regulation 241 (1) ......................................

Omit.

Sub-regulation 241 (2) ......................................

Omit.

Sub-regulation 241 (3) ......................................

Omit.

Sub-regulation 241 (4) ......................................

Omit.

Sub-regulation 241 (5) ......................................

Omit.

Sub-regulation 241 (6) ......................................

Omit.

Regulation 243 ......................................

Repeal.

Regulation 247 ......................................

Repeal.

Regulation 248 ......................................

Repeal.

Regulation 249 ......................................

Repeal.

Sub-regulation 250 (1) ......................................

Omit “ of the Permanent Military Forces ”, substitute ”, other than a reserve member, ”.

Sub-regulation 250 (8) ......................................

Omit paragraph (aa).

Sub-regulation 250 (9) ......................................

Omit, substitute the following:—

“ (9) In this regulation, ‘married member’ means a a member who is a category MS member. ”.

Schedule—continued

Amendments of the Military Financial Regulations—continued

Provision

Amendment

Sub-regulation 251 (1)......................................

Omit “ of the Permanent Military Forces to and in relation to whom this regulation applies ”, substitute “ , other than a reserve member ”.

Sub-regulation 251 (2)......................................

Omit, substitute the following:—

“ (2) Where a married member in receipt of an allowance under regulation 250 is absent from his lodgings—

(a) while accommodated in hospital; or

(b) while on temporary duty at a place other than his normal place of duty,

and the member pays for the retention of his lodgings for the period of that absence, retention of lodgings allowance is payable to the member in respect of the period of that absence or of 30 consecutive days, whichever is the less. ”.

Sub-regulation 251 (4)......................................

Omit paragraph (a).

Sub-regulation 251 (6)......................................

Omit.

Regulation 252

Repeal.

Sub-regulation 253 (2)......................................

Omit “ shall ” substitute “ may ”.

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 255 (4)......................................

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”,

Regulation 257......................................

Repeal.

Regulation 258......................................

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 262 (2)......................................

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Regulation 264......................................

Omit “ pay ”, substitute “ salary ”.

Sub-regulation 265 (2)......................................

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 265 (3)......................................

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 266 (1)......................................

Omit “ pay ”, substitute “ salary ”.

Omit paragraphs (a), (b) and (c), substitute the following paragraphs:—

“ (a) the payment of an amount under sub-regulation 18 (2);

(b) the payment of an allowance under regulation 26; or

(c) the payment of uniform maintenance allowance. ”.

Regulation 267......................................

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Regulation 268......................................

Omit “ pay ”, substitute “ salary ”.

Regulation 269......................................

Omit “ in respect of pay ”, substitute “ or Regulations made under the Act or the Act and any other Act or Acts in respect of the salary ”.

First Schedule......................................

Omit—

“ Sub-regulation (2)of Regulation 26 ”.

Omit—

“ Sub-regulation (1) of Regulation 37 ”.

Omit—

“ Sub-regulations (4) and (5) of Regulation 190a.

Regulation 196

Regulation 197 ”.

Omit—

“ Regulation 210 ”

Omit—

“ Regulation 213 ”.

Schedule—continued

Amendments of the Military Financial Regulations—continued

Provision

Amendment

First Schedule—continued

Omit—

“ Sub-regulation (2) of Regulation 220 ”.

Omit—

“ Sub-regulation (2) of Regulation 241 ”.

Omit—

“ Sub-regulation (4) of Regulation 247 ”.

Omit—

“ Regulation 252 ”.

Second Schedule ...............

Repeal.

Third Schedule ..................

Repeal.

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