Military Financial Regulations (Amendment) (Cth)

Statutory Rules

1976 No. 80

REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*

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

Dated this ninth day of March, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

_______

Amendments of the Military Financial Regulations 

1.After regulation 149 of the Military Financial Regulations the following regulation is inserted:—

Allowances on sale of vehicle.

“ 149a. (1) Where—

(a) a member is posted oversea on long term duty;

(b) as a consequence of the posting, the member sells, in Australia, a motor vehicle owned by him; and

(c) the price for which the motor vehicle is sold is less than the amount at which the motor vehicle had, not more than 6 weeks before the date of the sale, been valued at a valuation conducted on behalf of the Department of Defence,

the member is, subject to this regulation, entitled to be paid—

(d) an amount equal to the amount by which the amount of the valuation exceeds the price for which the motor vehicle was sold; or

(e) $400,

whichever is the lesser amount.

“ (2) A member is not entitled to be paid an amount under this regulation unless—

(a) evidence of the price for which the motor vehicle was sold and of the amount at which it was valued at the valuation referred to in sub-regulation (1) is furnished to the Minister;

 

* Notified in the Australian Government Gazette on 17 March 1976.

  Statutory Rules 1965, 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, 7, 11, 58 and 66.

 

(b) the motor vehicle was owned by the member at all times during the period commencing on the date on which the member was notified of the posting referred to in sub-regulation (1) and ending on the date of the sale of the motor vehicle;

(c) the sale was conducted on a wholly commercial basis;

(d) the member took reasonable steps to obtain the best possible price on the sale; and

(e) the value of the motor vehicle did not alter substantially between the date of the valuation and the date of the sale.

“ (3) Where, after having been notified of the posting referred to in sub-regulation (1), a member sells, in Australia, 2 or more motor vehicles owned by him, he is not entitled to he paid an amount under this regulation in respect of more than one of those motor vehicles.

“ (4) This regulation does not apply in relation to the sale of a motor vehicle that a member imported when he returned to Australia from a previous post if he was not required, by the law in force at that place, 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 place.

“ (5) For the purposes of this regulation, where a motor vehicle is owned jointly by a member and his spouse, that motor vehicle shall be deemed to be owned by the member.

“ (6) Where—

(a) a member has entered into a contract of a kind commonly known as a hire purchase agreement for the purchase of a motor vehicle, whether solely or jointly with his spouse; and

(b) the motor vehicle is subsequently delivered into his possession,

the member shall, for the purposes of this regulation, be deemed to be, while the contract remains in force, and to have been, as from the time when he entered into the contract, the owner of the motor vehicle, and if he arranges, with the approval of the owner, for the sale of the motor vehicle, he shall, for the purposes of this regulation, be deemed to have sold the motor vehicle.

“ (7) In this regulation, ‘ spouse ’, in relation to a member, includes a person who, although not legally married to the member, lives with the member on a permanent and bona fide domestic basis as the member’s spouse.”.

Operation of amendment.

2.