Military Financial Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 137

REGULATION UNDER THE DEFENCE ACT 19031

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903.

Dated this thirteenth day of July 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. E. McLEAY

Minister of State for Administrative Services for and on behalf of the

Minister of State for Defence

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AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS2

Allowances on sale of vehicle

Regulation 149a of the Military Financial Regulations is amended—

(a) by omitting from paragraph (c) of sub-regulation (1) “6 weeks” and substituting “13 weeks”;

(b) by omitting from paragraph (e) of sub-regulation (1) “$400,” and substituting “the prescribed amount,”;

(c) by inserting after sub-regulation (1) the following sub-regulation:

“(1a) For the purposes of paragraph (1) (e) the prescribed amount is—

(a) where the member purchased the motor vehicle—

(i) within a period of 1 year immediately preceding the commencement of the posting referred to in sub-regulation (1);

(ii) after the member had been advised by the proper Service authority to expect the posting referred to in sub-regulation (1); and

(iii) before receipt by the member of formal notification by the proper Service authority of the posting referred to in sub-regulation (1),

$200; or

(b) in any other case, $400.”;

(d) by omitting from paragraph (a) of sub-regulation (2) “Minister” and substituting “Department”;

(e) by omitting paragraph (b) of sub-regulation (2) and substituting the following paragraph:

“(b) the motor vehicle was owned by the member at all times between the receipt by the member of formal notification of the posting referred to in sub-regulation (1) and the sale of the motor vehicle;”;

(f) by omitting sub-regulation (4) and substituting the following sub-regulation:

“(4) This regulation does not apply in relation to the sale of a motor vehicle by a member where—

(a) the member, or any member of his family whose fares, in relation to a previous posting of the member on long term duty in an oversea country, were paid by the Commonwealth, imported a motor vehicle when the member returned to Australia from that previous posting;

(b) the person importing that vehicle was not required, by the law in force in that oversea country, to pay the full amount of any tax, duty, levy or other charge (howsoever described) that would, under that law, have been payable, in addition to the purchase price, upon the sale of that motor vehicle to a resident of that oversea country; and

(c) that person imported that motor vehicle less than 7 years before the date of the sale of a motor vehicle in relation to which this regulation would otherwise apply.”;

(g) by omitting from sub-regulation (5) “his spouse” and substituting “any member of his family”;

(h) by omitting from paragraph (a) of sub-regulation (6) “his spouse” and substituting “any member of his family”; and

(i) by omitting sub-regulation (7).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 July 1979.

2. Statutory Rules 1966 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 7 and see also