Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No. 76

 

REGULATIONS UNDER THE DEFENCE ACT 1903–1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1966.

Dated this fourth day of June, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Military Financial Regulations 

Marriage allowance.

1. Regulation 19 of the Military Financial Regulations is amended—

(a) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) Where—

(a) a member is separated from his wife;

(b) there is an order of a court against the member for the maintenance of his wife or children at a rate exceeding One dollar seventy cents per day; and

(c) an allotment, at a rate exceeding One dollar seventy cents per day, in or towards satisfaction of the order has been made by the member and is in force,

marriage allowance is payable to the member at a rate equivalent to—

(d) if the rate of the allotment is not less than Two dollars eighty-five cents per day—the full rate of marriage allowance; or

(e) if the rate of the allotment is less than Two dollars eighty-five cents per day—the amount by which the rate of the allotment exceeds One dollar seventy cents per day.”; and

(b) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) Where—

(a) the marriage of a member has been terminated by divorce or has been annulled;

(b) the member’s former wife has custody of the children of the marriage or the annulled marriage;

 

* Notified in the Commonwealth Gazette on 11 June, 1970.

  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; and 1970, Nos. 5 and

14390/70—Price 10c 10/14.5.1970

(c) there is an order of a court against the member for the maintenance of his former wife and the children of the marriage or the annulled marriage or the maintenance of those children at a rate exceeding One dollar seventy cents per day; and

(d) an allotment, at a rate exceeding One dollar seventy cents per day, in or towards satisfaction of the order has been made by the member and is in force,

marriage allowance is payable to the member at a rate equivalent to—

(e) if the rate of the allotment is not less than Two dollars eighty-five cents per day—the full rate of marriage allowance; or

(f) if the rate of the allotment is less than Two dollars eighty-five cents per day—the amount by which the rate of the allotment exceeds One dollar seventy cents per day.”.

Higher duties allowance.

2. Regulation 28 of the Military Financial Regulations is amended—

(a) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) Where a member performs the full duties of a position on a particular occasion, but—

(a) for less than five consecutive working days; or

(b) for any other period that does not comprise, or include, a period of five consecutive working days on each of which he performs the full duties of the position,

higher duties allowance is not payable to the member in respect of any day in the period under any provision of this regulation, whether or not it is a day on which he performs the full duties of the position.

“(3.) For the purposes of ascertaining whether a member who has performed the full duties of a position during a period has performed them on each of five consecutive working days—

(a) a day, being a unit rest day or public holiday, in the period on which the member is absent from duty shall be deemed not to be a working day;

(b) the working day immediately preceding, and the working day immediately following, a day referred to in the last preceding paragraph shall be taken to be consecutive working days; and

(c) the member shall not be taken to have performed the full duties of the position on a working day, being a unit rest day, a public holiday or a day on which he is absent from duty on recreational leave or emergency leave or while sick, by reason only of being entitled under a succeeding sub-regulation of this regulation to higher duties allowance in respect of that day.”; and

(b) by omitting sub-regulations (5.) and (5a.) and inserting in their stead the following sub-regulations:—

“(5.) Subject to sub-regulation (2.) of this regulation, where a member performs temporarily the full duties of a position on the

establishment of a part of the Military Forces during a period (in this sub-regulation referred to as ‘the specified period’), higher duties allowance is payable to the member in respect of—

(a) a day, being a unit rest day or public holiday, in the specified period on which the member is absent from duty; and

(b) a prescribed period, not being a period that consists of or includes the last day in the specified period, included in the specified period during which the member is absent from duty on emergency leave or while sick,

notwithstanding the fact that the member does not perform any of the duties of the position on that day or during that prescribed period.

“(5a.) For the purpose of the last preceding sub-regulation, each of the following periods is a prescribed period:—

(a) a single day;

(b) two consecutive days; or

(c) three consecutive days.

“(5b.) Subject to sub-regulation (2.) of this regulation, where—

(a) a member performs temporarily the full duties of a position on the establishment of a part of the Military Forces during a period (in this sub-regulation referred to as ‘the specified period’);

(b) the specified period includes a Christmas Day and the next following New Year’s Day; and

(c) the member is absent from duty on recreation leave on the working days between that Christmas Day and that New Year’s Day.

higher duties allowance is payable to the member in respect of any public holidays in the period from and including that Christmas Day to and including that New Year’s Day if the member continues to perform temporarily the full duties of the position on the first working day after that New Year’s Day.”.

Survey party allowance.

3.—(1.) Regulation 37 of the Military Financial Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the words “Fifty-two cents” and inserting in their stead the words “Ninety-two cents”.

(2.) Survey party allowance is payable to a member as provided in regulation 37 of the Military Financial Regulations as amended by the last preceding sub-regulation in respect of service with a survey party on or after the first day of July, 1969.

Gratuity—soldiers—A.R.A.

4. Regulation 66 of the Military Financial Regulations is amended by omitting paragraph (b) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(b) where the member completes one or more further engagements following the completion of twelve years’ service—the gratuity payable under the last preceding paragraph and, in addition—

(i) in respect of any service following completion of twelve years’ service and before the fourteenth day of December, 1959—gratuity at the rate of Sixty dollars per year; and

(ii) in respect of any service following the completion of twelve years’ service and after the thirteenth day of December, 1959—gratuity at the rate of One hundred dollars per year.”.

Gratuities for gallantry.

5.—(1.) Regulation 72 of the Military Financial Regulations is amended by omitting sub-regulations (1.), (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(1.) An annuity, at the rate of Two hundred and fifty dollars per year, is payable to a member on whom has been conferred the decoration of the Victoria Cross.

“(2.) The annuity referred to in the last preceding sub-regulation is payable from and including the day of the act in respect of which the decoration is conferred.

“(3.) Where a member in receipt of an annuity under sub-regulation (1.) of this regulation dies before he has been paid instalments of his annuity amounting in the aggregate to One hundred and twenty-five dollars, a sum equal to the amount by which the aggregate of those instalments is less than One hundred and twenty-five dollars is payable to his estate.

“(3a.) Where the decoration of the Victoria Cross is conferred posthumously on a deceased member, an amount of One hundred and twenty-five dollars is payable to his estate.”.

(2.) The amendment of regulation 72 of the Military Financial Regulations effected by the last preceding sub-regulation applies in relation to—

(a) an instalment of annuity payable on or after the date of commencement of these Regulations;

(b) the death, on or after that date, of a member in receipt of an annuity; and

(c) a decoration of the Victoria Cross conferred posthumously on or after that date.

(3.) Regulation 72 of the Military Financial Regulations as in force immediately before the commencement of these Regulations continues to apply, notwithstanding sub-regulation (1.) of this regulation, in relation to—

(a) an instalment of annuity payable before the commencement of these Regulations;

(b) the death, before that date, of a member in receipt of an annuity; and

(c) a decoration of the Victoria Cross conferred posthumously before that date.

(4.) In the last two preceding sub-regulations, “annuity” means an annuity under sub-regulation (1.) of regulation 72 of the Military Financial Regulations.

Members posted for duty at another places.

6. Regulation 98 of the Military Financial Regulations is amended by omitting the words “within Australia” (second occurring).

Education allowance.

7.—(1.) Regulation 131 of the Military Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “One thousand one hundred and fifteen dollars” and inserting in their stead the words “One thousand two hundred and five dollars”; and

(b) by omitting from paragraphs (b) and (c) of that sub-regulation the words “One hundred and sixty-eight dollars thirty-three cents” and inserting in their stead the words “Two hundred and eight dollars thirty-three cents”.

(2.) Education allowance is payable in accordance with regulation 131 of the Military Financial Regulations as amended by the last preceding sub-regulation

in respect of the attendance of a child at a school during a school year that commenced on or after the first day of January, 1970.

(3.) Education allowance is payable in accordance with regulation 131 of the Military Financial Regulations as amended by paragraph (b) of sub-regulation (1.) of this regulation in respect of the attendance of a child at a school otherwise than as a boarder for a complete school term during the year that commenced on the first day of January, 1969.

(4.) Where a member was in receipt of education allowance in respect of the attendance of his child at a school as a boarder during the year that commenced on the first day of January, 1969, or during a part of that year, the Military Board shall determine the amount that it would have considered reasonable for the purposes of paragraph (a) of sub-regulation (2.) of regulation 131 of the Military Financial Regulations in respect of the attendance of the child at the school as a boarder during that year or that part of that year if the amount specified in that paragraph had been One thousand two hundred and five dollars.

(5.) Where a member was in receipt of education allowance in respect of the attendance of his child at a school otherwise than as a boarder for less than a complete school term during the year that commenced on the first day of January, 1969, the Military Board shall determine the amount that it would have considered reasonable for the purposes of paragraph (c) of sub-regulation (2.) of regulation 131 of the Military Financial Regulations in respect of the attendance of the child at the school otherwise than as a boarder for the part of the school term that the child so attended if the amount specified in that paragraph had been Two hundred and eight dollars thirty-three cents.

(6.) Where the Military Board determines, in accordance with either of the last two preceding sub-regulations, an amount that it would have considered reasonable in respect of the attendance of a child at a school during a period, the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the amount by which the amount so determined is greater than the amount of education allowance paid to him in respect of the attendance of the child at the school during that period.

Child education allowance.

8.—(1.) Regulation 159 of the Military Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “One thousand one hundred and fifteen dollars” and inserting in their stead the words “One thousand two hundred and five dollars”; and

(b) by omitting from paragraphs (b) and (c) of that sub-regulation the words “One hundred and sixty-eight dollars thirty-three cents” and inserting in their stead the words “Two hundred and eight dollars thirty-three cents”.

(2.) Child education allowance is payable in accordance with regulation 159 of the Military Financial Regulations as amended by the last preceding sub-regulation in respect of the attendance of a child at a school during a school year that commenced on or after the first day of January, 1970.

(3.) Child education allowance is payable in accordance with regulation 159 of the Military Financial Regulations as amended by paragraph (b) of sub-regulation (1.) of this regulation in respect of the attendance of a child at a school otherwise than as a boarder for a complete school term during the year that commenced on the first day of January, 1969.

(4.) Where a member was in receipt of child education allowance in respect of the attendance of his child at a school as a boarder during the year that commenced on the first day of January, 1969, or during a part of that year,

the Military Board shall determine the amount that it would have considered reasonable for the purposes of paragraph (a) of sub-regulation (2.) of regulation 159 of the Military Financial Regulations in respect of the attendance of the child at a school as a boarder during that year or that part of that year if the amount specified in that paragraph had been One thousand two hundred and five dollars.

(5.) Where a member was in receipt of child education allowance in respect of the attendance of his child at a school otherwise than as a boarder for less than a complete school term during the year that commenced on the first day of January, 1969, the Military Board shall determine the amount that it would have considered reasonable for the purposes of paragraph (c) of sub-regulation (2.) of regulation 159 of the Military Financial Regulations in respect of the attendance of the child at a school otherwise than as a boarder for the part of the school term that the child so attended if the amount specified in that paragraph had been Two hundred and eight dollars thirty-three cents.

(6.) Where the Military Board determines, in accordance with either of the last two preceding sub-regulations, an amount that it would have considered reasonable in respect of the attendance of a child at a school during a period, the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the amount by which the amount so determined is greater than the amount of child education allowance paid to him in respect of the attendance of the child at the school during that period.

Prizes for encouragement of skill at arms.

9. Regulation 218 of the Military Financial Regulations is repealed.

Definitions.

10. Regulation 219 of the Military Financial Regulations is amended by omitting the words “two preceding regulations” and inserting in their stead the words “preceding regulation”.

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