Military Financial Regulations (Amendment) (Cth)
INTERIM
DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 1979
I,
the Minister of State for Defence, hereby make the following Interim
Determination under section 12 of the
Dated this seventeenth day of October 1980.
D. J. KILLEN
Minister of State for Defence
AMENDMENTS
OF THE MILITARY FINANCIAL REGULATIONS
1. Regulation 5 of the Military Financial Regulations is amended —
(a) by omitting from the definition of “married member”, “male”;
(b) by omitting from sub-regulation (3) “de facto wife” and substituting “de facto spouse”;
(c) by omitting from sub-regulation (5) “wife” (wherever occurring) and “female” (wherever occurring) and substituting “spouse” and “person” respectively; and
(d) by adding at the end thereof the following sub-regulations:
“(9) In these Regulations, a reference to a male member and a female member who are jointly maintaining a home for their dependants includes a reference to a male and a female member jointly providing one home for their dependants whether or not both members reside in that home.
“(10) In these Regulations, a reference to a member married to another member includes a member who has a de facto spouse.”.
3. Regulation 124 of the Military Financial Regulations is amended by omitting from sub‑regulation (1) the definition of “removal” and substituting the following definition:“ ‘removal’ means a removal at the expense of the Commonwealth of the family or the furniture and effects of a member or, where a member dies, the removal at the expense of the Commonwealth after his death of his family or the furniture and effects of his family;”.
4. The Military Financial Regulations are amended by inserting after regulation 124 the following regulation:
Insurance of furniture or effects where member dies
“125. Where —
(a) a member dies;
(b) furniture or effects of the family of that member are required urgently for use by a member of that family;
(c) that furniture or those effects are to be removed to that family’s residence or other place at the expense of the Commonwealth; and
(d) a member of that family insures that furniture or those effects for the duration of their removal,
that member of that family shall be reimbursed the cost of the insurance equal to an amount not exceeding —
(e) $300.00;
(f) an amount equal to 2 per cent of the insured value of the goods; or
(g) the actual cost of the insurance,
whichever is the least.”.
5. Regulation 126 of the Military Financial Regulations is amended by inserting in sub‑regulation (1) “or, where a member dies, to a member of his family after his death” after “a married member”.
Rental allowance prior to occupying suitable premises
6. Regulation 127 of the Military Financial Regulations is amended by omitting from sub‑regulation (1) “Subject to sub-regulation (2),” and substituting “Subject to sub‑regulation (2) and regulations 134A, 134B, 134C, 134D and 134E,”.
Rental allowance on occupying furnished premises in new locality
7. Regulation 128 of the Military Financial Regulations is amended —
(a) by omitting paragraph (a) of sub-regulation (1) and substituting the following paragraph:
“(a) to a married member who is removed to a locality at the expense of the Commonwealth and he and his family occupy premises, other than suitable premises, in that locality;”;
(b) by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (1) “under Division 11”;
(c) by adding at the end of sub-regulation (1) the following paragraphs:
“(d) where a member dies, to a member of his family in repect of occupation of a premises after his death.
“(e) to a member where the members of his family die.”; and
(d) by inserting in sub-regulation (2) “or, where a member dies, by a member of his family after his death” and “or, where a member dies, the rent that the member but for his death would have been required to pay” after “by a member” and “required to pay” respectively.
8. Regulation 130 of the Military Financial Regulations is amended —
(a) by adding at the end of sub-regulation (1) “or, where a member dies, to a member of his family removed at the expense of the Commonwealth after his death”;
(b) by omitting from sub-regulation (2) “, a specified amount of disturbance allowance is payable to the member” and substituting “or, where a member dies, to the removal of a member of his family, a specified amount of disturbance allowance is payable to a member or to that member of his family”;
(c) by omitting from sub-regulation (3) “to a member”; and
(d) by inserting in sub-regulation (4) “or, where a member dies, to the removal of a member of his family after his death” after “a member”.
9. Regulation 131 of the Military Financial Regulations is amended —
(a) by omitting from sub-regulation (1) “under Division 11”; and
(b) by omitting from paragraph (a) of sub-regulation (5) “wife” and substituting “spouse”.
Allowance for sale of furniture in lieu of a removal
10. Regulation 132 of the Military Financial Regulations is amended —
(a) by omitting from sub-regulation (1) “Subject to sub-regulation (2), a member whose removal is approved” and substituting “Subject to regulations 134A, 134B, 134C, 134D and 134E, a member who is to be removed at the expense of the Commonwealth or, where a member dies, a member of his family who is to be removed at the expense of the Commonwealth after his death,”; and
(b) by omitting sub-regulation (3).
11. Regulation 133 of the Military Financial Regulations is amended —
(a) by omitting from sub-regulation (1) “A member whose removal is approved” and substituting “Subject to regulations 134A, 134B, 134C, 134D and 134E, a member who is to be removed at the expense of the Commonwealth or, where a member dies, a member of his family who is to be removed at the expense of the Commonwealth after his death,”; and
(b) by omitting sub-regulation (2).
12. The Military Financial Regulations are amended by inserting after regulation 134 the following regulations:
Members of different ranks jointly maintaining a home
“134A. Subject to regulation 134C, where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 127, 132 or 133, the member who holds the lower rank shall not be entitled to that allowance.
“134B. Subject to regulation 134C, where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 127, 132 or 133, the member with the lower seniority in that rank shall not be entitled to that allowance.
“134C. Where a member who is entitled to an allowance under regulation 127, 132 or 133, is jointly maintaining a home with a member of the Air Force who is his spouse and that spouse is or becomes entitled to an allowance under regulation 608 of the Air Force Regulations in respect of a matter or occurrence for which an allowance is payable under regulation 127, 132 or 133, regulation 134A or 134B, as appropriate, applies as though that member of the Air Force was a member of the Army holding a rank corresponding to his rank in the Air Force and had an entitlement to an allowance under regulation 127, 132 or 133.
“134D. For the purposes of regulations 134A, 134B and 134C, where a member is married to another member and each member maintains a home for his or her dependants, or they jointly maintain more than one home for their dependants, the members shall nominate the home to be considered as the home jointly maintained by them for their dependants.
“134E. Where the members referred to in regulation 134D do not nominate the home to be considered as the home jointly maintained by them for their dependants, each member shall not be entitled to an allowance under regulation 127, 132 or 133.”.
13. Regulation 135 of the Military Financial Regulations is amended —
(a) by omitting the definition of “child” and substituting:
“ ‘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 spouse of the member; or
(c) a person who was formerly the spouse of the member;”;
(b) by omitting from the definition of “family”, “wife” (wherever occurring) and substituting “spouse”; and
(c) by omitting from the definition of “separated”, “wife” and substituting “spouse”.
14. Regulations 138, 138A, 139, 140, 141, 142, 143, 144, 145, 146, 146A, 147 and 148 of the Military Financial Regulations are repealed.
15. The Military Financial Regulations are amended by inserting after regulation 135 the following regulation:
Allowance for sale of furniture in lieu of a removal oversea
“136. (1) Where a member is posted on duty oversea and is removed at the expense of the Commonwealth or where a member dies and a member of his family is removed at the expense of the Commonwealth after his death —
(a) from Australia to oversea;
(b) within an oversea country;
(c) from oversea to Australia; or
(d) from an oversea country to another oversea country,
and that member or that member of the family elects to sell his furniture and effects in lieu of having them removed at the expense of the Commonwealth, he shall be paid an allowance equal to —
(e) the amount, if any, by which the amount received on sale is less than the current market value of the furniture and effects; or
(f) the amount which would have been incurred by the Commonwealth on the removal of the furniture and effects after deducting, where the furniture and effects were stored at the expense of the Commonwealth prior to the sale, the cost of the storage,
whichever is the less.”.
Insurance of household effects (including furniture)
16. Regulation 149 of the Military Financial Regulations is amended —
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) Subject to this regulation and regulations 169A, 169B, 169C, 169D and 169E, a member posted on duty oversea or, where a member dies while posted on duty oversea a member of his family, shall be reimbursed the cost of effecting reasonable insurance cover in respect of his household effects (including furniture) —
(a) during their transportation —
(i) from Australia to oversea;
(ii) within an oversea country;
(iii) from oversea to Australia; or
(iv) from an oversea country to another oversea country;
(b) during their storage in Australia or oversea; or
(c) during their use at that oversea country.”;
(b) by omitting from sub-regulation (2) “short term duty” and substituting “short or intermediate term duty or a member of the family of a member who dies while so posted”; and
(c) by inserting in sub-regulation (3) “or a member of the family of a member who dies while so posted” after “long term duty”.
17. Regulation 149A of the Military Financial Regulations is amended by inserting in paragraph (a) of sub-regulation (1) “intermediate or” after “oversea on”.
18. Regulation 150 of the Military Financial Regulations is amended —
(a) by omitting from sub-regulation (1) “Where a member is posted oversea on duty and it is necessary for him to purchase travelling equipment or additional clothing for himself and, where members of his family have been granted passages to the oversea destination at the expense of the Department under regulations 138 and 139, for those members of his family” and substituting “Where a member is posted oversea on short term duty and it is necessary for him to purchase travelling equipment or additional clothing for himself “; and
(b) by omitting from sub-regulation (2) “or the members of his family concerned”.
19. Regulation 154 of the Military Financial Regulations is amended —
(a) by inserting in sub-regulation (1) “or, where a member dies while on such duty, to a member of his family,” after “may be paid to him”; and
(b) by omitting from sub-regulation (2) “departure for Australia” and substituting “departure for Australia or to any other place to which the family is to be removed at the expense of the Commonwealth”.
20. Regulation 155 of the Military Financial Regulations is repealed.
21. Regulation 159 of the Military Financial Regulations is amended —
(a) by inserting in sub-regulation (1) “or, where a member dies, to a member of his family” after “payable to the member”;
(b) by inserting in sub-regulation (2) “or, where a member dies, to a member of his family,” after “payable to a member”;
(c) by omitting from sub-regulation (3) “wife” (wherever occurring) and substituting “spouse”;
(d) by inserting in paragraph (a) of sub-regulation (3) “or widow” after “a widower”; and
(e) by inserting after sub-regulation (8) the following sub-regulation:
“(8A) Where a member dies, the relevant day is —
(a) in the case of a child referred to in paragraph (a) of sub-regulation (2)—the day on which the child leaves the school or the day that is the last day of the school year during which the member dies, whichever is the later; and
(b) in any other case—the day on which the child leaves the school or the day that is the last day of the school term during which the member dies, whichever is the later.”.
22. Regulation 160 of the Military Financial Regulations is repealed.
23. Regulation 161 of the Military Financial Regulations is amended by omitting from sub-regulation (1) “Where” and substituting “Subject to regulations 169A, 169B, 169C, 169D and 169E, where”.
24. Regulation 162 of the Military Financial Regulations is amended —
(a) by omitting from sub-regulation (1) “Where—” and substituting “Subject to the succeeding provisions of this regulation where—”;
(b) by omitting from sub-regulation (1) “subject to the succeeding provisions of this regulation,”; and
(c) by omitting from sub-regulation (2) “wife” and substituting “spouse”.
25. Regulation 166 of the Military Financial Regulations is amended —
(a) by omitting from sub-regulation (1) “Subject to the succeeding provisions of this regulation,” and substituting “Subject to the succeeding provisions of this regulation and regulations 169A, 169B, 169C, 169D and 169E,”;
(b) by omitting from paragraph (c) of sub-regulation (4) “wife” and substituting “spouse”; and
(c) by omitting from sub-regulation (5) “wife” and substituting “spouse”.
26. The Military Financial Regulations are amended by inserting after regulation 169 the following regulations:
Members of different ranks jointly maintaining a home
“169A Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 149, 161 or 166, the member who holds the lower rank shall not be entitled to that allowance.
“169B. Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 149, 161 or 166, the member with the lower seniority in that rank shall not be entitled to that allowance.
Member married to a member of the Navy or the Air Force
“169C. Where a member who is entitled to an allowance under regulation 149, 161 or 166 is jointly maintaining a home with a member of the Navy or the Air Force who is his spouse and that spouse is or becomes entitled to an allowance under regulation 105 of the Naval Financial Regulations or regulation 633 of the Air Force Regulations in respect of a matter or occurrence for which an allowance is payable under regulation 149, 161 or 166, regulation 169A or 169B, as appropriate, applies as though that member of the Navy or the Air Force was a member of the Army holding a rank corresponding to his rank in the Navy or the Air Force and had an entitlement to an allowance under regulation 149, 161 or 166.
“169D. For the purposes of regulations 169A, 169B and 169C, where a member is married to another member and each member maintains a home for his or her dependants, or they jointly maintain more than one home for their dependants, the members shall nominate the home to be considered as the home jointly maintained by them for their dependants.
“169E. Where the members referred to in regulation 169D do not nominate the home to be considered as the home jointly maintained by them for their dependants, each member shall not be entitled to an allowance under regulation 149, 161 or 166.”.
Living out away from home allowance—married members
27. Regulation 250 of the Military Financial Regulations is amended —
(a) by omitting from sub-regulation (7) “under Division 11 of Part II for a removal of his family to the locality in which he is serving” and substituting “to have his family removed at the expense of the Commonwealth”; and
(b) by omitting paragraph (b) of sub-regulation (8).
1. Notified in the
Commonwealth of Australia Gazette on 28 October 1980.2. Statutory Rules 1966 No. 35 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1980 No. 30 andsee also
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