Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No.53

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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 eighth day of April, 1969.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Military Financial Regulations 

Rates of pay-members other than general officers.

1.—(1.) Regulation 12 of the Military Financial Regulations is amended—

(a) by inserting in sub-regulation (15a.), after the word “sub-regulations”, the figures “(15b.),”; and

(b)by inserting after sub-regulation (15.) the following sub-regulation:—

“(15a.) The rate of pay of a female member who is a student at an Officer Cadet Course at the Women’s Royal Australian Army Corps School is—

(a) the rate per day specified in Part I. of the Third Schedule to these Regulations in relation to a female member holding the rank of Corporal and classified in Group 1; or

(b)the rate per day specified in that Schedule in relation to a member holding the rank and the classification (if any) held by the member, and having the service in the rank that the member had, immediately before she became such a student,

whichever is the greater.”.

(2.) Where the Military Board is satisfied that a female member who was a student at an Officer Cadet Course at the Women’s Royal Australian Army Corps School on or after the eighteenth day of December, 1967, and before the commencement of these Regulations would—

(a) if she had been entitled to be paid pay—

(i) at the rate applicable to a female member holding the rank of Corporal and classified in Group 1; or

(ii) at the rate applicable to a member holding the rank and the classification (if any) held by the member, and having the service in the rank that the member had, immediately before she became such a student,

whichever is the greater; and

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* Notified in the Commonwealth Gazette on  1969.

  Statutory Rules 1966, No. 35, as amended by Statutory Rules 1966, Nos. 58, 87, 127 and 151; 1967, Nos, 24, 34, 111, 145 and 163; 1968, Nos. 49, 50, 62, 63 and 111; and 1969, Nos. 15 and

22272/68—Price 10c 10/12.3.69

(b) if that rate were to be ascertained having regard to the provision made by or in consequence of Statutory Rules 1968, No. 154 and Statutory Rules 1969, No. 15,

have received as pay while she was such a student an amount that exceeds the amount of pay that was paid to her while she was such a student, the Military Board shall determine the amount of the excess and, an amount equal to the amount of the excess is, by virtue of this sub-regulation, payable to the member as pay.

District allowance,

2.—(1.) Regulation 41 of the Military Financial Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Subject to the suceeding sub-regulations of this regulation, an allowance called ‘district allowance’, is payable, subject to such conditions and for such period as the Military Board determines, to a member who is posted for service in, and resides in, or who, having been posted for service in, has resided in, an isolated district at the rate per day specified, according to the grade of the isolated district, his marital status and his living conditions, in the following table:—

Grade of Isolated District	Members Living Out		Members Living In
	Married	Others
$	$	$
I.............................................................................................	0.28	0.13	0.09
II.............................................................................................	0.38	0.19	0.13
III.............................................................................................	0.58	0.30	0.21
IV.............................................................................................	0.77	0.44	0.31
V.............................................................................................	0.98	0.55	0.38
VI..............................................................................................	1.32	0.77	0.53
VII.............................................................................................	1.78	1.10	0.77”.

(2.) Regulation 41 of the Military Financial Regulations is amended by omitting sub-regulations (6a.) to (17.) (inclusive) and inserting in their stead the following sub-regulations:—

“(7.) Where a member who ordinarily lives out in an isolated district is required to live in temporarily in that district, he is eligible, while he so lives in, to be paid district allowance at the rate at which that allowance is payable to him under this regulation while he is living out, but district allowance ceases to be payable at that rate—

(a) in the case of a married member whose family resides in the district—if and when his family leaves the district; or

(b)in the case of any other member—after thirty days.

“(8.) Where a member would, but for this sub-regulation, be eligible to be paid district allowance under this regulation in respect of his own residence in an isolated district and his family’s residence in another isolated district at the same time, district allowance is not payable to him in respect of his family’s residence in that other isolated district, but, if the rate at which district allowance would, but for this sub-regulation, be payable in respect of residence in that other district is higher than the rate at which it is payable in respect of residence in the district in which he is residing, district allowance is payable to him at that higher rate.”.

Territory allowance.

3.—(1.) Regulations 41a and 42 of the Military Financial Regulations are repealed and the following regulation is inserted in its stead:—

“42. An allowance, called ‘territory allowance’, is payable, subject to such conditions, for such period and at such rate as the Military Board determines to a member who is posted for service in, and resides in, or who, having been posted for service in, has resided in, the New Guinea area.”.

(2.) Where a member who was not in receipt of territory allowance in respect of the relevant period or a part of the relevant period under regulation 42 of the Military Financial Regulations would have been entitled to territory allowance in respect of that period or that part of that period if regulation 42 of the Military Financial Regulations as amended by these Regulations and the first determination made by the Military Board for the purposes of that regulation had been in force on and after the fourteenth day of November, 1966, the member is, by virtue of this sub-regulation, entitled to be paid territory allowance in respect of that period or that part of that period as if the amendment of the Military Financial Regulations effected by the last preceding sub-regulation and the first determination made by the Military Board for the purpose of the regulation inserted in the Military Financial Regulations by that sub-regulation has come into force on that date.

(3.) Where—

(a)a member was in receipt of territory allowance in respect of the relevant period or a part of the relevant period under regulation 42 of the Military Financial Regulations; and

(b)the amount of territory allowance paid or payable to the member in respect of that period or that part of that period under that regulation is less than the amount of territory allowance that would have been payable to the member in respect of that period or that part of that period if the amendment of the Military Financial Regulations effected by sub-regulation (1.) of this regulation and the first determination made by the Military Board for the purpose of the regulation inserted in the Military Financial Regulation by that sub-regulation had come into operation on the fourteenth day of November, 1966,

the member is, by virtue of this sub-regulation, entitled to be paid an amount equal to the difference.

(4.) Subject to the next succeeding sub-regulation, where—

(a) a member who was in receipt of territory allowance immediately before the commencement of these Regulations is entitled to be paid territory allowance under regulation 42 of the Military Financial Regulations as amended by these Regulations; and

(b)the rate at which territory allowance would, but for this sub-regulation, be payable to the member under that regulation is less than the rate at which territory allowance would be payable to the member if regulation 42 of the Military Financial Regulations as in force immediately before the commencement of these Regulations had not been repealed,

the rate at which territory allowance is payable to the member under regulation 42 of the Military Financial Regulations as amended by these Regulations is the higher rate.

(5.) Where a member who was in receipt of territory allowance immediately before the commencement of these Regulations and had been continuously in receipt of that allowance since the thirteenth day of November, 1966, continues to be entitled to territory allowance after the commencement of these Regulations, the rate at which territory allowance continues to be payable to the member is—

(a)the rate at which it would be payable to the member if it were payable in accordance with regulation 42 of the Military Financial Regulations as in force on the second day of November, 1966;

(b)the rate at which it would be payable to the member if it were payable in accordance with regulation 42 of the Military Financial Regulations as in force immediately before the commencement of these Regulations; or

(c) the rate applicable under regulation 42 of the Military Financial Regulations as amended by these Regulations,

whichever is the highest rate.

(6.) Where—

(a) a member was in receipt of territory allowance in respect of a period from and including the third day of November, 1966, or a later day before the fourteenth day of November, 1966, to and including the day immediately before the commencement of these Regulations or an earlier day; and

(b) the amount of territory allowance paid to the member in respect of that period is less than—

(i) the amount of territory allowance that would have been payable to him if he had been entitled to be paid territory allowance in accordance with regulation 42 of the Military Financial Regulations as in force on the second day of November, 1966;

or

(ii) the amount of territory allowance that would have been payable to him if he had been entitled to be paid territory allowance in accordance with regulation 42 of the Military Financial Regulations as amended by these Regulations and the first determination of the Military Board made for the purpose of that regulation,

whichever is the higher amount,

the member is entitled, by virtue of this sub-regulation, to be paid an amount equal to the amount by which it is less than that higher amount.

(7.) In this regulation, “the relevant period” means a period from and including the fourteenth day of November, 1966, to and including the day immediately before the date of commencement of these Regulations.

Limit on amount of allotment.

4. Regulation 51 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

“51.—(1.) The pay and allowances from which a member may make an allotment do not include clothing maintenance allowance.

“(2.) The Military Board may determine that members included in a specified class of members are not authorized to allot an amount exceeding a specified percentage of the sum of the member’s pay and allowances.

“(3.) Subject to the succeeding sub-regulations of this regulation, where a determination made by the Military Board under the last preceding sub-regulation is in force, an allotment made by a member included in the class of members specified in the determination from his pay and allowances of an amount that exceeds the specified percentage of the sum of his pay and allowances is of no force or effect.

“(4.) Where—

(a)a member who has made an allotment from his pay and allowances that is in force becomes a member of a class of members specified by the Military Board in a determination made under sub-regulation (2.) of this regulation; and

(b)the allotment is an allotment of an amount that exceeds the percentage of the sum of the member’s pay and allowances that is specified in the determination,

the allotment operates, while the member is a member of that class, as if it were an allotment of an amount equal tothe specified percentage of the sum of the member’s pay and allowances.

“(5.) Where a determination made by the Military Board under sub-regulation (2.) of this regulation comes into force, an allotment made by a member included in the class of members specified in the determination that was in force immediately before the determination came into force, being an allotment from his pay and allowances of an amount that exceeds the specified percentage of the sum of his pay and allowances, operates, while it and the determination remain in force, as if it were an allotment of an amount equal to the specified percentage of the sum of his pay and allowances.”.

Passage where member marries in Australia during period of posting oversea.

5. After regulation 138 of the Military Financial Regulations the following regulation is inserted:—

“138a.—(1.) Subject to the next succeeding sub-regulation and to the succeeding regulations of this Division, where a member who has been posted oversea marries in Australia before he is re-posted for service in Australia, his wife may be provided, at the expense of the Department, with passages to and from the place at which the member is serving.

“(2.) The wife of a member is not entitled to be provided with passages under the last preceding sub-regulation unless the balance of the intended period of the member’s posting oversea is not less than twelve months.”.

Ship board allowance.

6.—(1.) Regulation 151 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) all words after the word “rate” (first occurring) and inserting in their stead the words “of Two dollars per day”.

(2.) Ship board allowance is payable in accordance with the provisions of regulation 151 of the Military Financial Regulations as amended by these Regulations in respect of service in the Permanent Military Forces and after the sixth day of June, 1968.

Child education allowance.

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

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

“(d)a child who has attained the age of twenty years—unless the Military Board approves payment of the allowance;

or”; and

(b)by omitting from paragraph (e) of sub-regulation (4.) the word “eighteen” and inserting in its stead the word “twenty”.

(2.) Regulation 159 of the Military Financial Regulations is amended by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) Where—

(a) child 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 his 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 takes up duty, or his family takes up residence, in that locality,

child 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.”.

(3.) Child education allowance is payable in accordance with regulation 159 of the Military Financial Regulations as amended by sub-regulation (1.) of this regulation in respect of the attendance of a child at a school on or after the first day of January, 1969.

(4.) The Military Board may give an approval for the purpose of paragraph (d)of sub-regulation (3.) of regulation 159 of the Military Financial Regulations as amended by sub-regulation (1.) of these Regulations that is expressed to apply in relation to the attendance of a child at a school from and including a specified date, being a date before the commencement of these Regulations but not earlier than the first day of January, 1969, and, where an approval is so expressed, it has effect as if sub-regulation (1.) of this regulation had come into operation on the first day of January, 1969, and the approval had been given on the date so specified.

(5.) Where a member was in receipt of child education allowance immediately before the date of commencement of these Regulations in respect of a child who was a boarder at a school although he had taken up duty, or his family had taken up residence, in the locality in which the school was situated, regulation 159 of the Military Financial Regulations as amended by sub-regulation (2.) of this regulation applies to and in relation to the member as if the member had taken up duty, or his family had taken up residence, as the case may be, in that locality on that date.

                   

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Government Printing Office, Canberra