Military Financial Regulations (Amendment) (Cth)

Statutory Rules

1976 No. 5

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 fourteenth 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 

District Allowance.

1. Regulation 41 of the Military Financial Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:—

“ (1) In this regulation—

‘ category MS member ’ means a male member who maintains a home for his dependants in which he does not reside;

‘ category O member ’ means a member other than a category M member or a category MS member;

‘ isolated district’ means a locality—

(a) classified for the purposes of district allowances under regulation 102 of the Public Service Regulations; or

(b) determined to be an isolated district for the purposes of this regulation under sub-regulation (3);

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

‘ unmarried member ’ means a category O member.”;

* Notified in the Australian Government Gazette on 22 January 1976.

  Statutory Rules 1966, No. 35, as amended by Statutory Rules 1966, Nos. 58, 87, 129 and 151; 1967, Nos. 24, 34, 111, 145 and 163; 1968, Nos. 49, 50, 62, 63, 111 and 154; 1969, Nos. 6, 15, 53, 67, 97, 112, 118, 131, 132, 169 and 198; 1970, Nos. 5, 46, 76, 102, 133, 157, 175, 192 and 209; 1971, Nos. 8, 45, 79, 98, 118, 131, 155 and 164; 1972, Nos. 25, 80, 127, 135, 145 and 197; 1973, Nos. 88, 160, 171, 204 and 255; and 1974, Nos. 90, 159, 201 and 256; and 1975, No. 39. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93 and 208; 1975, Nos. 34, 149, 163 and 197; and 1976, No. 3).

(b) by omitting sub-regulation (4a);

(c) by omitting from paragraph (a) of sub-regulation (4b) the words “, by virtue of a classification effected on or after the twenty-fourth day of February, 1972,”;

(d) by omitting from paragraph (a) of sub-regulation (4b) the words “ (in the next succeeding sub-regulation referred to as the relevant grade in relation to the member) ”;

(e) by omitting from sub-regulation (4b) the words “ and the condition specified in either of the paragraphs of the next succeeding sub-regulation is fulfilled in relation to the member,”;

(f) by omitting the table in sub-regulation (4b) and substituting the following table:—

Grade	Member living out—Rate per day		Member living in—Rate per day
	Category M member or Category MS member	Category O member
$	$	$
I ......................................................................	0.58	0.30	0.21
II ....................................................................	1.04	0.53	0.37
III ...................................................................	1.67	0.90	0.63
IV ...................................................................	2.33	1.34	0.94
V ....................................................................	3.04	1.78	1.25
VI ...................................................................	3.81	2.33	1.63

(g) by omitting sub-regulation (4C) and substituting the following sub-regulations:—

“ (4C) Where a member resides, on or after 2 July 1974, in an isolated district, being a district that comprises a locality—

(a) that was, immediately before 2 July 1974, a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations; and

(b) the classification of which for that purpose has been lowered on or after that date,

the rate at which district allowance is payable to the member in respect of any period during which he resides in that district on or after that date is whichever is the greater of—

(c) the rate that would have been payable to the member under the provisions of this regulation as in force immediately before that date if those provisions had continued in force; or

(d) the rate that would, but for this sub-regulation, be payable to the member under this regulation as in force from time to time on or after the commencement of this sub-regulation.

“ (4d) Where a member resides, on or after 2 July 1974, in an isolated district, being a district that comprises a locality that—

(a) was, immediately before 2 July 1974, a locality classified for the purposes of district allowances under regulation 102 of the Public Service Regulations; and

(b) ceases on or after that date to be classified for the purposes of district allowances under regulation 102 of the Public Service Regulations,

district allowance is payable to the member in respect of any period during which he resides in that district on or after that date and before 22 January 1976 at the rate at which district allowance would have been payable to the member under the provisions of this regulation as in force immediately before 2 July 1974 if those provisions had continued in force.”;

(h) by omitting from sub-regulation (5) the words “ specified in the table in sub-regulation (4a) or (4b) of this regulation, whichever is applicable, in relation to a member other than a married member ” and substituting the words “ applicable to a category O member who is living out ”; and

(i) by omitting from sub-regulation (6) the words “ specified in the table in sub-regulation (4a) or (4b) of this regulation, whichever is applicable, in relation ” and substituting the word “ applicable ”.

Commencement.

2.