Military Financial Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 85

REGULATIONS 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 Regulations under the Defence Act 1903.

Dated this thirty-first day of May 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

Commencement

1. These Regulations shall be deemed to have come into operation on 1 January 1979.

Storage of furniture and effects

2. Regulation 118 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (2) “, 116”;

(b) by inserting after sub-regulation (3) the following sub-regulation:

“(3a) Where a member dies, the furniture and personal effects of the member or his family may, instead of being dealt with under regulation 116, be, at the expense of the Department—

(a) packed and transported to a store in Australia, or transported from a store in which the goods were stored immediately before the death of the member to a store in Australia;

(b) stored in a store referred to in paragraph (a) as a store to which goods may be transported, or stored in the store in which the goods were stored immediately before the death of the member (as the case requires) for a period commencing on the date on which the goods are put into store and ending when

the member’s family has obtained permanent accommodation or, where the member’s family has not obtained permanent accommodation—

(i) 3 months after the goods were put into store; or

(ii) 3 months after the death of the member, whichever is the later;

(c) stored in that store, if the member’s family has not obtained permanent accommodation, for such further period as the Minister considers reasonable, having regard to—

(i) the availability of permanent accommodation;

(ii) the efforts made by the member’s family to obtain, and the ability of the member’s family to search for, permanent accommodation; and

(iii) the cost of storing the furniture and effects in the store; and

(d) transported from that store to the place where the member’s family is to take up permanent residence, and unpacked at that place.”;

(c) by inserting at the end of paragraph (a) of sub-regulation (4) “otherwise than by death”;

(d) by omitting paragraph (c) of sub-regulation (4); and

(e) by adding at the end of paragraph (d) of sub-regulation (4) “other than, in the case of a member who has died and has left a will, a sale necessitated by the terms of that will or ordered by a court in respect of that will”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 June 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