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 twenty-second day of August, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendments of the Military Financial Regulations
“(
a )if the officer is a medical officer—at the rate of Twenty-two dollars per day;“(
b )if the officer is a dental officer—at the rate of Fourteen dollars seventy cents per day; or“(
c ) if the officer is a pharmaceutical officer—at the rate of Ten dollars fifty cents per day.”.
(2.) The rate at which locum tenens allowance is payable to a medical officer under sub-regulation (2.) of regulation 25 of the Military Financial Regulations as amended by the last preceding sub-regulation applies to an attendance for an interview or medical examination in connexion with the appointment of a medical officer and to travelling to and from such an interview or medical examination on or after the first day of November, 1968.
“34.—(1.) Subject to the succeeding sub-regulations of this regulation, an allowance, called ‘parachutists’ allowance’, is payable to a member in respect of a period during which he—
(
a ) undertakes a course of military training as a parachutist;(
b ) serves as a parachutist with an army parachute unit;(
c ) serves as a parachute training instructor in the Parachute Training Flight; or(
d ) undergoes a refresher training course.
*
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.
14719/69—Price 10c 10/29.4.69
“(2.) Parachutists’ allowance is payable—
(
a ) if the member is entitled to the allowance under paragraph (a ) of the last preceding sub-regulation—at the rate of Fifty-five cents per day;(
b ) if the member is entitled to the allowance under paragraph (b ) or paragraph (d ) of that sub-regulation—at the rate of Eighty-three cents per day; or(
c ) if the member is entitled to the allowance under paragraph (c ) of that sub-regulation—at the rate of Ninety-four cents per day.
“(3.) Subject to the next two
succeeding sub-regulations, parachutists’ allowance is not payable to a member
under paragraph (
(
a ) on which the member is in hospital as a result of illness or injury caused by his own default;(
b )that is more than six months after the day on which the member last made a parachute descent; or(
c ) on which the member is borne on the strength of a unit other than a parachute unit or parachute training unit.
“(4.) The Military Board may approve the payment of parachutists’ allowance to members included in a class of members specified in the instrument of approval in respect of a period specified in that instrument (which may be a period that commenced before the commencement of this sub-regulation) and, if the Military Board does so, parachutists’ allowance is payable to a member included in that class of members in respect of any day included in that period notwithstanding that the day is more than six months after the day on which that member last made a parachute descent.
“(5.) Where a member of the First Special Air Service Regiment has made two or more parachute descents in the period of twelve months ended on a day, parachutist allowance is payable to the member in respect of that day whether or not the member last made a parachute descent during the period of six months ended on that day.
“(6.) An allowance, called ‘parachutists’ allowance, is payable to a member who is a qualified parachutist and is not borne on the strength of a parachute unit or parachute training unit at the rate of Eighty-three cents for each day on which the member makes a parachute descent from an aircraft in the course of his duty.
“(7.) In this regulation, ‘parachute unit’ and ‘parachute training unit’ mean a unit that is so designated by the Military Board.
“(
a )a member who is posted for service at the Weapons Research Establishment, Woomera, or who, having been posted for service at that Establishment, has served at that Establishment; and(
b )a member who, not having been so posted, serves or has served at that Establishment for a continuous period exceeding thirty days.”.
(2.) Regulation 43 of the Military Financial Regulations as amended by the last preceding sub-regulation applies to and in relation to a member who ceased to serve at the Weapons Research Establishment, Woomera, on or after the thirtieth day of January, 1968.
(3.) The Military Board may determine the period (if any) in respect of which Woomera allowance is payable to a member who ceased to serve at the Weapons Research Establishment, Woomera on or after the thirtieth day of January, 1968, and before the commencement of these Regulations and, if the Military Board determines that Woomera allowance is to be payable to such a member for a period, the allowance is payable at the rate and subject to the conditions applicable immediately before the member ceased to serve at that Establishment.
(
a ) by omitting from paragraph (a )of sub-regulation (2.) the words “One thousand and fifty-five dollars” and inserting in their stead the words “One thousand one hundred and fifteen dollars”;(
b )by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—“(4.) Where—
(
a )education allowance is payable to a member in respect of the attendance of his child at a school as a boarder;(
b )the member takes up duty, or the member’s family takes up residence, in the locality in which the school is situated after the commencement of a school term; and(
c ) the child continues to attend the school as a boarder after the member so takes up duty or the family so takes up residence,education allowance continues to be payable to the member in respect of the attendance of the child at the school until the child ceases to attend the school as a boarder or until the end of that school term, whichever first occurs.”;
(
c ) by omitting from sub-paragraph (iii) of paragraph (b ) of sub-regulation (5.) the word “eighteen” and inserting in its stead the word “twenty”;(
d ) by omitting from paragraph (c ) of sub-regulation (5.) the word “to” and inserting in its stead the words “subject to sub-regulation (5b.) of this regulation, to”;(
e ) by inserting after sub-regulation (5a.) the following sub-regulation:—“(5b.) Notwithstanding paragraph (
c ) of sub-regulation (5.) of this regulation, where the child of a member who is attending a school as a boarder is awarded a scholarship by the Government of a State or Territory and the member is entitled to receive under the scholarship in respect of the child a living allowance, an allowance for the purchase of text books and equipment and an allowance towards the cost of the fees for the child’s attendance at the school, the member is not disqualified from receiving education allowance in respect of the child by virtue of that paragraph by reason only of the child having been awarded that scholarship but the amount of education allowance that but for this sub-regulation, would be payable to the member in respect of the attendance of the child at the school as a boarder shall be reduced by such amount as the Military Board considers appropriate having regard to the amount of the allowance under the scholarship for the purchase of text books and equipment and the allowance under the scholarship towards the cost of the fees for the child’s attendance at the school.”; and(
f ) by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—“(6.) Where—
(
a )education allowance is payable in respect of the attendance of a child at a school; and(
b )the child attains the age of twenty years after the commencement of a school term but before the end of that school term,the child shall, for the purpose of this regulation, be deemed to be under the age of twenty years during the whole of that school term.”.
(2.) Education allowance is payable
in accordance with regulation 131 of the Military Financial Regulations as
amended by paragraphs (
(3.) 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 period from and including the first day of January, 1968, to and including the thirty-first day of December, 1968, or during a part of that period—
(
a )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 a school as a boarder during that period or that part of that period if the amount specified in that paragraph had been One thousand one hundred and fifteen dollars; and(
b )the member is, by virtue of this sub-regulation, entitled to the paid a sum equal to the amount by which the amount so determined is greater than the amount of education allowance paid in respect of the attendance of the child at a school as a boarder during that period or that part of that period.
(4.) Where a member was in receipt
of education allowance immediately before the date of commencement of these
Regulations in respect of a child who was a boarder at a school and the member
had taken up duty, or his family had taken up residence, in the locality in
which the school was situated before that date, regulation 159 of the Military
Financial Regulations as amended by paragraph (
(5.) Where education allowance
would have been payable in respect of the attendance of a child at a school as
a boarder during the period from and including the twenty-sixth day of August,
1968, to and including the thirty-first day of December, 1968, or during a part
of that period if the amendments of regulation 131 of the Military Financial
Regulations effected by paragraphs (
(
a )the Military Board shall determine the amount that it would have considered reasonable for the purpose of paragraph (a )of sub-regulation (2.) of regulation 131 of the Military Financial Regulations in respect of the attendance, of the child at a school as a boarder during that period or that part of that period if those amendments had so come into operation and if the amount specified in that paragraph had been One thousand one hundred and fifteen dollars; and(
b )the member is, by virtue of this sub-regulation, entitled to be paid, as education allowance in respect of the attendance of the child at a school as a boarder during that period or that part of that period, an amount equal to the amount so determined.
(
a ) by omitting from paragraph (a )of sub-regulation (2.) the words “One thousand and fifty-five dollars” and inserting in their stead the words “One thousand one hundred and fifteen dollars”; and(
b )by omitting from sub-regulation (4.) the word “eighteen” (wherever occurring) and inserting in its stead the word “twenty”.
(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 or commences on or after the first day of January, 1969.
(3.) 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 period from and including the first day of January, 1968, to and including the thirty-first day of December, 1968, or during a part of that period—
(
a ) 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 period or that part of that period if the amount specified in that paragraph had been One thousand one hundred and fifteen dollars; and(
b )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 in respect of the attendance of the child at a school as a boarder during that period or that part of that period.
“164.—(1.) In such circumstances as the Military Board determines, an allowance, called ‘representation allowance’, is payable to a member who is posted to and serves in an oversea country.
“(2.) In such circumstances as the Military Board determines, an allowance, called ‘entertainment allowance’, is payable to a member who is posted to and serves in an oversea country.
“(3.) Representation allowance and entertainment allowance are each payable at such rate, for such period and subject to such conditions as the Military Board determines.”.
(2.) A member who, if the regulation inserted in the Military Financial Regulations by the last preceding sub-regulation and the first determination made by the Military Board for the purpose of that regulation had come into operation on the first day of July, 1968, would have been entitled to representation allowance or entertainment allowance in respect of the period from and including that date to and including the day immediately before the commencement of these Regulations or in respect of a part of that period and who was not entitled to representation allowance or entertainment allowance in respect of that period or that part of that period under regulation 164 of the Military Financial Regulations as in force during that period is, by virtue of this sub-regulation, entitled to be paid representation allowance or entertainment allowance, as the case may be, as if that regulation and that determination had so come into operation.
“(
a )if the officer is a medical officer—at the rate of Twenty-two dollars per day;“(
b )if the officer is a dental officer—at the rate of Fourteen dollars seventy cents per day; or“(
c ) if the officer is a pharmaceutical officer—at the rate of Ten dollars fifty cents per day.”.
(2.) Where a medical officer was paid or is entitled to be paid locum tenens allowance under sub-regulation (1.) of regulation 184 of the Military Financial Regulations in respect of a day in the period from and including the first day of November, 1968, to and including the clay immediately preceding the commencement of these Regulations, the rate at which that allowance is payable to the member is the rate provided for in that sub-regulation as amended by the last preceding sub-regulation.
“(
a )if the officer is a medical officer—at the rate of Twenty-two dollars per day;“(
b )if the officer is a dental officer—at the rate of Fourteen dollars seventy cents per day; or“(
c ) if the officer is a pharmaceutical officer—at the rate of Ten dollars fifty cents per day.”.
(2.) Where a medical officer was paid or is entitled to be paid locum tenens allowance under sub-regulation (1.) of regulation 201 of the Military Financial Regulations in respect of a day in the period from and including the first day of November, 1968, to and including the day immediately preceding the commencement of these Regulations, the rate at which that allowance is payable to the member is the rate provided for in that sub-regulation as amended by the last preceding sub-regulation.
“(1.) Subject to sub-regulations (3.) and (4.) of this regulation, where an officer of the Reserve of Officers, Australian Army Legal Corps—
(
a ) performs, while rendering military service, duty as a member of that Corps away from his civilian office or any other duty away from his civilian office in the exercise of powers or the performance of functions connected with a prescribed office held by him; or(
b )performs, while rendering military service, any duty as a member of that Corps at his civilian office,
an allowance is payable to the officer in respect of the period during which he performs that duty.
“(2.) The amount of the allowance payable to an officer under the last preceding sub-regulation is, subject to sub-regulation (3.) of this regulation—
(
a ) in respect of a period of duty performed away from his civilian office—(i) if the period is not more than one hour—Five dollars twenty-five cents: or
(ii) in any other case—an amount calculated at the rate of Five dollars twenty-five cents for the first hour and at the rate of One dollar fifty-eight cents for each half-hour, or part of a half-hour exceeding fourteen minutes, in the balance of the period; and
(
b )in respect of a period of duty performed at his civilian office—an amount calculated at the rate of One dollar fifty-eight cents for each half-hour or part of a half-hour of the period or an amount of Twenty-one dollars, whichever is the lesser amount.
“(2a.) For the purpose of sub-regulation (1.) of this regulation, each of the following offices is a prescribed office:—
(
a )the office of judge advocate, prosecutor or defending officer at a court-martial;(
b ) the office of member of, or legal adviser to, a court of inquiry;(
c ) the office of investigating officer or legal adviser to an investigating officer; and(
d )the office of lecturer or instructor in military law to members of the Defence Force.”.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
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