Military Financial Regulations (Amendment) (Cth)
STATUTORY RULES
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
Dated this eighth day of December, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendments of the Military Financial Regulations
“Division 6.—Members attached to the Permanent Military Forces (Regulations 220-220a).”
and inserting in their stead the words—
“Division 6.—Members attached to the Permanent Military Forces (Regulations 220-220b).”.
“17c.—(1.) Where war service leave may be granted to a member in respect of his service on active service, an officer authorized to grant leave to the member may, instead of granting to the member war service leave for a specified period, being a period equal to or less than the period of war service leave that may be granted to the member, authorize payment to the member of an amount not exceeding the amount of the pay and allowances that would be payable to the member in respect of that specified period of war service leave if the member were to be granted war service leave for that specified period.
“(2.) Where—
(
a ) a member dies; or(
b ) the Military Board directs that the death of a member is to be presumed to have occurred,
the Military Board may authorize payment to the member’s dependants of an amount equal to the amount, if any, that could have been authorized to be paid to the member under the last preceding sub-regulation on the day on which the member died or the death of the member is to be presumed to have occurred if the member had not died or his death is not to be presumed to have occurred, as the case may be.
* Notified in the
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; and 1969, Nos. 6 and 15.
21800/69―Price 10c 5/18.11.1969
“(3.) An amount authorized to be paid to a member or to the dependants of a member under this regulation is in addition to and not in substitution for any amount of pay or allowances that is payable under these Regulations in respect of the member’s service.
“(4.) In the application of sub-regulation (1.) of this regulation to and in relation to a member, the amount of pay and allowances that would be payable to the member in respect of a period if he had been granted war service leave for that period shall be taken to be an amount equal to the sum of the member’s pay, and of such allowances as the Military Board determines, for the period calculated at the rates appropriate to the member’s rank and classification (if any) and, where applicable, the member’s length of service in that rank.”.
(2.) The next succeeding sub-regulation applies to a person who, having been a member of the Permanent Military Forces on the thirtieth day of June, 1969, ceased to be such a member before the commencement of these Regulations.
(3.) The Military Board may authorize payment to a person to whom this sub-regulation applies of an amount equal to the amount, if any, that could have been authorized to be paid to the person under regulation 17c of the Military Financial Regulations as amended by these Regulations immediately before he ceased to be a member of the Permanent Military Forces if that regulation and the first approval given by the Military Board, after the commencement of these Regulations, under regulation 463 of the Australian Military Regulations of conditions for the granting of war service leave had come into force on the first day of July, 1969.
(4.) Regulation 17c of the Military Financial Regulations as amended by these Regulations applies in relation to the death of a member or to a member whose death was or is to be presumed to have occurred on or after the first day of July, 1969, and before the commencement of these Regulations as if that regulation and the approval of the Military Board referred to in the last preceding sub-regulation had come into force on the first day of July, 1969.
(
a ) by inserting after sub-regulation (1.) the following sub-regulation:—“(1a.) Subject to the succeeding sub-regulations of this regulation and to such conditions as the Military Board determines, where—
(
a )a member, not being an officer, holding a rank for a position on the establishment of a part of the Military Forces performs temporarily the full duties of the position;(
b ) the duties of that position are ordinarily required to be performed by a member holding a trade group classification other than the trade group classification held by the member; and(
c ) the member is in receipt of pay at a lower rate than the rate payable to a member holding the like rank and having the trade group classification ordinarily required to be held by a member performing the duties of the position,an allowance, called ‘higher duties allowance’, is payable to the member.”;
(
b ) by omitting from sub-regulation (2.) the word “six” and inserting in its stead the word “five”; and(
c ) by omitting sub-regulation (4.) and (5.) and inserting in their stead the following sub-regulations:—“(4.) Where a member performs temporarily the full duties of a position on the establishment of a part of the Military Forces during a period, higher duties allowance is not payable in respect of any day during that period on which the member is absent from duty on recreation leave.
“(5.) 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’), being a period of, or a period that includes a period of, five consecutive working days within the meaning of sub-regulation (2.) of this regulation; and(
b ) the member is absent from duty on a day in the specified period, being a day that is a unit rest day or a public holiday,higher duties allowance is payable to the member in respect of that day notwithstanding that the member does not perform any of the duties of the position on that day.
“(5a.) Where—
(
a ) a member performs temporarily the 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’), being a period of, or a period that includes a period of, five consecutive working days within the meaning of sub-regulation (2.) of this regulation;(
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 duties of the position on the first working day after that New Year’s Day.”.
(
a ) by omitting from sub-regulation (3.) the word “two” and inserting in its stead “three”; and(
b ) by inserting after sub-regulation (5.) the following sub-regulation:—“(5a.) Where higher duties allowance is payable to a member under sub-regulation (1a.) of the last preceding regulation, the amount of allowance that is payable to the member in respect of each day on which he is entitled to that allowance is an amount determined by the Military Board.”.
“(3.) Where a member in receipt of expatriate allowance is paid an amount of efficiency grant under regulation 200 of these Regulations, the member is, by virtue of this sub-regulation, entitled to be paid additional expatriate allowance equal to the amount by which the amount of efficiency grant so paid to him is less than the amount of efficiency grant that would have been paid to him if the amounts specified in sub-regulation (1.) of the next succeeding regulation were substituted for the corresponding amounts in sub-regulation (2.) of regulation 200 of these Regulations.”.
“200.—(1.) In this regulation, ‘member’ means a member of the Papua and New Guinea Volunteer Rifles, other than a member who is a Pacific Islander within the meaning of the Military Financial (Pacific Islanders) Regulations.
“(2.) Subject to the succeeding sub-regulations of this regulation and to such conditions as the Military Board determines, an efficiency grant is payable to a member, as follows:—
(
a ) on completion of two years’ efficient service in the Papua and New Guinea Volunteer Rides—Eight dollars;(
b ) on completion of three years’ efficient service in the Papua and New Guinea Volunteer Rifles—Forty dollars;(
c ) on completion of each year’s efficient service in the Papua and New Guinea Volunteer Rifles after completing three years’ efficient service in that unit—Sixteen dollars.
“(3.) The Military Board shall determine the conditions to be complied with by a member in respect of his service in a training year in order that he may count his service in that training year as a year’s efficient service for the purpose of this regulation.
“(4.) For the purpose of this regulation, a member completes one year’s efficient service in the Papua and New Guinea Volunteer Rifles upon the completion of each training year in respect of which he has complied with the conditions with which he is required to comply during that training year in accordance with a determination under the last preceding sub-regulation.
“(5.) Where a member who was serving in the Papua and New Guinea Volunteer Rifles on the thirtieth day of June, 1969, had completed satisfactorily the service that he was required to perform as a member of that unit during the period of two years ended on that date, the member shall, for the purpose of this regulation, be taken to have completed two years’ efficient service in that unit upon the expiration of that day.
“(6.) Where a member who was serving in the Papua and New Guinea Volunteer Rifles on the thirtieth day of June, 1969, had completed satisfactorily the service that he was required to perform as a member of that unit during the period of twelve months ended on the thirtieth day of June, 1968, or in the period of twelve months ended on the thirtieth day of June, 1969, but not in respect of both of those periods, the member shall be deemed, for the purpose of this regulation, to have completed one year’s efficient service in that unit upon the expiration of the thirtieth day of June, 1969.
“(7.) Where—
(
a ) a member, being an officer, is transferred to the Reserve of Officers or is retired; or(
b ) a member, not being an officer, is discharged,
after serving in the Papua and New Guinea Volunteer Rifles for part only of a training year and the member has during that part of that training year, complied with all the conditions with which he is required to comply during that training year in accordance with the determination of the Military Board under sub-regulation (3.) of this regulation, the member shall be deemed to have completed one year’s efficient service in the Papua and New Guinea Volunteer Rifles in respect of that training year upon the expiration of the day on which he is transferred to the Reserve of Officers, retired or discharged, as the case may be.
“(8.) In this regulation, a reference to a training year shall be read as a reference to—
(
a ) the period of twelve months commencing on the first day of July, 1967;(
b ) the period of twelve months commencing on the first day of July, 1968; or(
c ) each period, subsequent to the first day of July, 1969, that is, in accordance with a determination of the Military Board that is for the time being in force, a training year in respect of the Papua and New Guinea Volunteer Rifles.”.
(2.) Subject to the next succeeding sub-regulation, efficiency grant is payable to a member of the Papua and New Guinea Volunteer Rifles who is not entitled to be paid expatriate allowance under regulation 198 of the Military Financial Regulations, in accordance with the provisions of regulation 200 of the Military Financial Regulations as amended by these Regulations, as if the amendment of those Regulations effected by the last preceding sub-regulation had come into force on the thirtieth day of June, 1969.
(3.) Where a member serving in the Papua and New Guinea Volunteer Rifles on the thirtieth day of June, 1969, being a member who was entitled to be paid expatriate allowance under regulation 198 of the Military Financial Regulations, is, by virtue of sub-regulation (5.) or (6.) of regulation 200 of the Military Financial Regulations as amended by sub-regulation (1.) of this regulation, to be taken to have completed two years’ efficient service, or one year’s efficient service, in that unit upon the expiration of that day, the member is not entitled to be paid efficiency grant under that last-mentioned regulation in respect of his efficient service in that unit to and including that day but is entitled to count two years’ efficient service, or one year’s efficient service, as the case may be, towards the efficiency grant to which he may become entitled in respect of that service when aggregated with any subsequent service in that unit.
“220b.—(1.) Where war service leave may be granted to a member in respect of his service on active service, an officer authorized to grant leave to the member may, instead of granting to the member war service leave for a specified period, being a period equal to or less than the period of war service leave that may be granted to the member, authorize payment to the member of an amount not exceeding the amount of the pay and allowances that would be payable to the member in respect of that specified period of war service leave if the member were to be granted war service leave for that specified period.
“(2.) Where—
(
a ) a member dies; or(
b ) the Military Board directs that the death of a member is to be presumed to have occurred,
the Military Board may authorize payment to the member’s dependants of an amount equal to the amount, if any, that could have been authorized to be paid to the member under the last preceding sub-regulation on the day on which the member died or the death of the member is to be presumed to have occurred if the member had not died or his death is not to be presumed to have occurred, as the case may be.
“(3.) An amount authorized to be paid to a member or to the dependants of a member under this regulation is in addition to and not in substitution for any amount of pay or allowances that is payable under these Regulations in respect of the member’s service.
“(4.) In the application of sub-regulation (1.) of this regulation to and in relation to a member, the amount of pay and allowances that would be payable to the member in respect of a period if he had been granted war service leave for that period shall be taken to be an amount equal to the sum of the member’s pay, and of such allowances as the Military Board determines, for the period calculated at the rates appropriate to the member’s rank and classification (if any) and, where applicable, the member’s length of service in that rank.”.
(2.) The next succeeding sub-regulation applies to a person who, having been a member of the Citizen Military Forces serving on continuous full time military service on the thirtieth day of June, 1969, ceased to be a member of those Forces, or ceased so to serve, before the commencement of these Regulations.
(3.) The Military Board may authorize payment to a person to whom this sub-regulation applies of an amount equal to the amount, if any, that could have been authorized to be paid to the person under regulation 220b of the Military Financial Regulations as amended by these Regulations immediately before he ceased to be a member of the Citizen Military Forces or ceased to serve on continuous full time military service, as the case may be, if that regulation and the first approval given by the Military Board, after the commencement of these Regulations, under regulation 457 of the Australian Military Regulations of conditions for the granting of war service leave had come into force on the first day of July, 1969.
(4.) Regulation 220b of the Military Financial Regulations as amended by these Regulations applies in relation to the death of a member or to a member whose death was or is to be presumed to have occurred on or after the first day of July, 1969, and before the commencement of these Regulations as if that regulation and the approval of the Military Board referred to in the last preceding sub-regulation had come into force on the first day of July, 1969.
“Sub-regulation (1.) of regulation 28”
the words—
“Sub-regulation (5a.) of regulation 29”.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
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