Military Financial Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 207

REGULATIONS UNDER THE DEFENCE ACT 1903*

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 twenty-sixth day of October 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. E. McLEAY

Minister of State for Construction for and on behalf of the Minister of State for Defence

AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS 

Forfeiture of gratuity

1. Regulation 74 of the Military Financial Regulations is amended by inserting in sub-regulation (1) “ of the Australian Regular Army or Regular Army Supplement ” after “ member ”.

Application

2. Regulation 111 of the Military Financial Regulations is amended by adding at the end of paragraph (a) “ or ”.

Removal of member who marries

3. Regulation 114 of the Military Financial Regulations is amended—

(a) by inserting in sub-regulation (1) “ and her child or children (if any) ” after “ wife ”; and

(b) by omitting from sub-regulation (3) “ the cost of freight on her personal effects ” and substituting “ of her child or children (if any) and the cost of freight on their personal effects and of ”.

* Notified in the Commonwealth of Australia Gazette on 2 November 1978.

  Statutory Rules 1966 No. 35 as amended to date. For previous amendments see footnote   to Statutory Rules 1978 No. 22 and see also Statutory Rules 1978 Nos. 22, 60, 69, 76 and 87.

Additional amendments of the Military Financial Regulations

4. The Military Financial Regulations are amended as set out in the Schedule.

Amendment of Statutory Rules 1976, No. 11

5. Statutory Rules 1976, No. 11 are amended by omitting paragraph (a) of the definition of “ member ” in sub-regulation (4) of regulation 7 and substituting the following paragraph:

“ (a) an officer referred to in sub-regulation 189 (1) of the Military Financial Regulations as in force immediately before the commencement of this sub-regulation; or ”.

SCHEDULE  Regulation 4

Provision	Amendment
Heading to Division 2 of Part II	Omit, substitute the following bending:
"DIVISION 2—SALARY".
Sub-regulation 12ba (2).................................	Omit.
Sub-regulation 12ba (10)...............................	Omit.
Sub-regulation 15 (3).....................................	Omit from paragraph (a) “ if undergoing ”, substitute “ if he is undertaking ”.
Omit from paragraph (b) “ if undergoing ”, substitute “ if he is undertaking ”.
Sub-regulation 18 (2).....................................	Omit “ , detention or field punishment in custody ”, substitute “ or detention ”.
Sub-regulation 25 (2).....................................	After “ locum tenens ” (first occurring), insert “ for a period ”.
Omit “ to the officer ”, substitute “ to the officer in respect of that period ”.
Sub-regulation 32 (2).....................................	Omit “ The chaplains’ allowance is ”, substitute “ The amount of chaplains’ allowance payable to a chaplain is ”.
Omit from paragraph (a) “ appointment ”, substitute “ his appointment ”.
Omit from sub-paragraph (a) (i) “ appointed ”, substitute “ he is appointed ”.
Omit from sub-paragraph (b) “ after appointment ”, substitute “ by him after his appointment ”.
Sub-regulation 41 (7).....................................	Omit from paragraph (a) “ and when his family leaves ”, substitute “ his family ceases to reside in ”.
Sub-regulation 65 (4).....................................	Omit from sub-paragraph (b) (ii) “ in ”, substitute “ of ”.
Sub-regulation 66 (5).....................................	Omit from paragraph (b) “ in ”, substitute “ of ”.
Sub-regulation 68 (3).....................................	Omit from sub-paragraph (c) (ii) “ in ”, substitute “ of ”.
Sub-regulation 69 (2).....................................	Omit “ equivalent ”, substitute “ equal ”,
Regulation 70................................................	After “ to ” in paragraph (d), insert “ the ”.
Sub-regulation 71 (1).....................................	Omit “ wife ”, substitute “ dependant ”.
Sub-regulation 109 (2)...................................	Omit “ in pursuance of Part VIII ”, substitute “ at the expense of the Commonwealth ”.
Sub-regulation 118 (1)...................................	Omit from paragraph (a) “; and ”, substitute “ and— ”.
Omit from paragraph (a) “ or ” (last occurring).
Regulation 140..............................................	Omit “ equivalent ”, substitute “ equal ”.
Regulation 153 .............................................	After “ paid ”, insert “ to him ”.
Sub-regulation 154 (1)...................................	After “ paid ”, insert “ to him ”.
Sub-regulation 162 (2)	After “ of ” (first occurring), insert “ an ”.
Regulation 163 .............................................	After “ and ” (first occurring), insert “ his ”.
After “ paid ”, insert “ to him ”.
Sub-regulation 174 (3)...................................	Omit “ shall include ”, substitute “ includes ”.

 

SCHEDULE—continued

Provision	Amendment
Regulation 188 ..........................................	Omit the definition of “ member ”, substitute the following definition:
“ ‘ member ’ means—
(a) a member of the Active Citizen Military Forces; or
(b) an officer of the Reserve Citizen Military Forces who performs military duties in accordance with regulation 121a of the Australian Military Regulations, but does not include a member of the Citizen Military Forces who is rendering continuous full-time service;".
Sub-regulation 202 (2) ...............................	Omit “ The chaplains allowance is ”, substitute “ The amount of chaplains allowance payable to a chaplain is ”.
Omit from paragraph (a) “ appointment ”, substitute “ his appointment ”.
Sub-regulation 203 (2) ...............................	After “ is ” (first occurring), insert “ payable ”.
Sub-regulation 209 (3) ...............................	Omit “ above ”, substitute “ who holds a rank higher than ”.
Sub-regulation 212 (2) ...............................	Omit from paragraph (b) “ attendance ”.
Omit from paragraph (b) “ or a bivouac allowance under regulation 243 ”.
Add at the end of paragraph (c) “ or bivouac ”.
Sub-regulation 212 (3) ...............................	Omit, substitute the following sub-regulation:
“ (3) Meal allowance is not payable under this regulation to a member in respect of an attendance at a camp of continuous training or at a bivouac.".
Regulation 214 ..........................................	Omit.
Sub-regulation 240 (1) ...............................	Omit from paragraph (a) “ a ”, substitute “ the ”.
Sub-regulation 250 (5) ...............................	Omit.
Sub-regulation 251 (4) ...............................	Omit, substitute the following sub-regulation:
“ (4) Retention of lodgings allowance is payable at—
(a) a rate equal to two-thirds of the rate of living out away from home allowance which was payable to the member under regulation 250 immediately before his absence; or
(b) the same rate as the payments made by the member for the retention of his lodgings, whichever is the less.".