Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1968 No. 111

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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 twentieth day of September, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Military Financial Regulations 

1. Regulation 4 of the Military Financial Regulations is amended by omitting Parts, the words—

“Division 6.—Members attached to the Permanent Military Forces (Regulation 220).”

and inserting in their stead the words—

“Division 6.—Members attached to the Permanent Military Forces (Regulations 220-220a).”.

Pay in lieu of leave on termination of service.

2.—(1.) Regulation 17a of the Military Financial Regulations is amended—

(a) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Where—

(a) a member of the Australian Regular Army or the Regular Army Supplement dies; or

(b)the Military Board directs that the death of a member of the Australian Regular Army or the Regular Army Supplement 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 preceding sub-regulations of this regulation if the member had ceased to be a member otherwise than by death on the day on which he died or on the day on which his death is to be presumed to have occurred, as the case may be.”; and

(b)by omitting from sub-regulation (3.) the words “the last two preceding sub-regulations” and inserting in their stead the words “sub-regulations (1.) and (2.) of this regulation”.

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* Notified in the Commonwealth Gazette on  1968.

  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; and 1968, Nos. 49, 50, 62 and 63.

19665/68-Price 10c 10/15.8.1968

(2.) Regulation 17a of the Military Financial Regulations as amended by these Regulations applies to and in relation to a member of the Australian Regular Army or the Regular Army Supplement who died, or whose death is or has been directed by the Military Board to be or to have been presumed to have occurred, on or after the twenty-sixth day of October, 1966.

Liability of member in respect of excess recreation leave in certain cases.

3. After regulation 17a of the Military Financial Regulations the following regulation is inserted:—

“17b.—(1.) Where the services of a member of the Australian Regular Army or the Regular Army Supplement are terminated and the member had, before the termination of his services, been granted a period of recreation leave, or periods of recreation leave amounting in the aggregate to a period, that exceeds the period of recreation leave to which the member is entitled under Division 6 of Part VI. of the Australian Military Regulations in respect of his period of continuous full-time military service in those Forces—

(a)if the member has received pay and allowances in respect of any part of that period of leave that is included in the excess—the Commonwealth is entitled to recover from the member, as a debt due by him to the Commonwealth, an amount equal to the sum of that pay and those allowances; and

(b)if the member has not received pay and allowances in respect of any part of that period of leave that is included in the excess—pay and allowances are not payable to the member in respect of that part of that period of leave.

“(2.) Paragraph (a) of the last preceding sub-regulation does not apply in relation to a member who ceases to be a member by reason of his death or by reason of the Military Board directing that the death of the member is to be presumed to have occurred.

“(3.) For the purposes of sub-regulation (1.) of this regulation, the amount of the pay and allowances payable to a member in respect of a period of recreation leave granted to him 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.

“(4.) Where the Commonwealth is entitled to recover an amount from a member under sub-regulation (1.) of this regulation, the amount may be deducted from any sums payable to the member under these Regulations.”.

Higher duties allowance.

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

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Subject to the succeeding sub-regulations of this regulation and to such conditions as the Military Board determines,

where—

(a)a member holding a rank lower than the rank for a position on the establishment of a part of the Military Forces performs temporarily the full duties of the position; and

(b)the member is in receipt of pay at a rate lower than the rate payable to a member on promotion to the relevant rank for the purpose of the next succeeding regulation in relation to the member,

an allowance, called higher duties allowance, is payable to the member.”; and

(b) by omitting sub-regulation (9.).

Rates of higher duties allowance.

5. Regulation 29 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

“29.—(1.) In this regulation, ‘the relevant rank’, in relation to a member who is performing temporarily the duties of a position on the establishment of a part of the Military Forces, means, subject to the next succeeding sub-regulation—

(a)where the rank for the position is two or more ranks higher than the rank held by the member—

(i) if the Military Board considers that exceptional circumstances exist—such rank, being a rank higher than that held by the member but not higher than the rank for the position, as the Military Board determines; or

(ii) in any other case—the rank immediately higher than the rank held by the member or, if the rate of pay that would be payable to the member if he were to be promoted to that rank is a higher rate than the rate of pay that would be payable to the member if he were to be promoted to the rank for the position, the rank for the position; or

(b)where the rank for the position is only one rank higher than the rank held by the member—the rank for the position.

“(2.) Where a member who is performing temporarily the duties of a position could not be promoted to the rank for the position because of a restriction imposed on the rank to which he may be promoted, ‘the relevant rank’, in relation to the member, means the highest rank to which he may be promoted.

“(3.) Subject to the next two succeeding sub-regulations, where a member is entitled to payment of higher duties allowance for the performance of the duties of a position, 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 equal to the amount by which the rate of pay payable to the member is less than the rate of pay that would be payable to the member if he were to be promoted to the relevant rank.

“(4.) Where—

(a) a member is entitled to payment of higher duties allowance for the performance of the duties of a position;

(b)the member holds a rank for which a rate of pay per day is prescribed by these Regulations; and

(c) the rate of pay payable to a member on promotion to the relevant rank is a consolidated rate of pay,

the amount of higher duties allowance so payable to the member in respect of each day on which he is entitled to the allowance is the amount by which one three hundred and sixty-fifth part of the consolidated rate of pay payable to a member on promotion to the relevant rank exceeds an amount equal to the sum of the rate of pay per day payable to the member in respect of the rank that he holds and the rate per day at which each allowance, being an allowance that would not be payable to the member if he held the relevant rank, payable to the member under this Part is so payable.

“(5.) Where—

(a)a member is entitled to payment of higher duties allowance for the performance of the duties of a position;

(b)the member holds a rank for which a consolidated rate of pay is prescribed by these Regulations; and

(c) a consolidated rate of pay is also prescribed by these Regulations for the relevant rank,

the amount of higher duties allowance so payable to the member in respect of each day on which he is entitled to that allowance is the amount by which one three hundred and sixty-fifth part of the consolidated rate of pay for the relevant rank exceeds one three hundred and sixty-fifth part of the consolidated rate of pay for the rank that the member holds.

 

“(6.) In this regulation, a reference to the rate of pay that would be payable to a member if he were to be promoted to a particular rank shall, in a case where that rate of pay would depend on the group in which the member were to be included upon being so promoted, be read as a reference to the rate of pay that would be payable to the member if he were to be promoted to that rank and were to be included in the like group in respect of that rank as the group in which he is included in respect of the rank that he holds.

“(7.) Where the establishment of a part of the Military Forces makes provision for a position on that establishment to be filled by a member holding either of two specified ranks, a reference in this regulation to the rank for the position shall be read as a reference to the lower rank so specified.

“(8.) Where a member who is a medical officer and holds the rank of brigadier is performing temporarily the duties of a position on the establishment of part of the Military Forces, this regulation applies to and in relation to the member as if references to the rate of pay payable to the member were read as references to the sum of the rate of pay payable to the member under this Division and the rate of special allowance payable to the member under the next succeeding regulation.

“(9.) Where a member who is a medical officer performs temporarily the duties of a position on the establishment of a part of the Military Forces and the relevant rank in relation to the member is brigadier, this regulation applies to the member as if references to the rate of pay for the relevant rank were read as references to the sum of the rate of pay for the relevant rank under this Division and the rate at which special allowance is payable to a brigadier under the next succeeding regulation.”.

Flying allowance.

6.—(1.) Regulation 33 of the Military Financial Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The rate at which flying allowance is payable to a member is—

(a) if the member is eligible for payment of the allowance under paragraph (a) of sub-regulation (1.) of this regulation—Thirty-five cents per day; or

(b)if the member is eligible for payment of the allowance under paragraph (b)of sub-regulation (1.) of this regulation—the rate per day specified in the second column of the following table in relation to the rank of the member specified in the first column of that table:—

First Column	Second Column
Rank	Rate per day
$
Colonel................................................................................................................................................................	0.95
Lieutenant-Colonel...........................................................................................................................................	0.95
Major..................................................................................................................................................................	1.55
Captain...............................................................................................................................................................	1.55
Lieutenant..........................................................................................................................................................	1.35
Second Lieutenant............................................................................................................................................	1.15
Warrant Officer, Class I..................................................................................................................................	1.35
Warrant Officer, Class II.................................................................................................................................	1.35
Staff Sergeant....................................................................................................................................................	1.15
Sergeant..............................................................................................................................................................	0.95

(2.) Where—

(a) flying allowance has been paid or is payable to a member of the Permanent Military Forces in respect of a day in the period from and including the twenty-sixth day of June, 1964, to and including the day immediately before the commencement of these Regulations; and

(b)the member held on that day the rank of Colonel and had less than eight years’ service in that rank,

an amount of Fifteen cents is payable to the member in respect of that day as additional flying allowance.

Interpretation.

7. Regulation 61 of the Military Financial Regulations is amended by omitting the definition of “short service commission” and by inserting in its stead the following definition:—

“‘short service commission’, in relation to an officer, means an appointment as an officer of a part of the Military Forces, being an appointment that is expressed, in accordance with either paragraph (a) or paragraph (b) of sub-section (1.) of section 10a of the Act, to be for a specified period of service in that part of the Military Forces.”.

Repeal.

8. Regulations 63 and 64 of the Military Financial Regulations are repealed.

Gratuity—Female officers.

9.—(1.) Regulation 65 of the Military Financial Regulations is amended by omitting from paragraph (a)of sub-regulation (2.) the words “Eight cents” and inserting in their stead the words “Eight and one-third cents”.

(2.) The amendment of the Military Financial Regulations effected by the last preceding sub-regulation applies to and in relation to gratuity paid or payable under regulation 65 of the Military Financial Regulations on or after the eighteenth day of February, 1966.

Gratuity—Regular Army Supplement.

10. Regulation 67 of the Military Financial Regulations is repealed.

Gratuity not payable in certain cases.

11. Regulation 70 of the Military Financial Regulations is amended by omitting the words “any of the last seven” and inserting in their stead the words “any of the last four”.

Person to whom gratuity payable on death of married member.

12. Regulation 71 of the Military Financial Regulations is amended by omitting the figures “62, 63, 64, 66, 67 or 69” and inserting in their stead the figures “62, 66 or 69”.

Locum tenens allowance.

13. Regulation 184 of the Military Financial Regulations is amended by inserting in sub-regulation (1.) after the word “Act” the words “(not being a period of service that the officer is bound to render by virtue of sub-section (4.) of section 45 of the Act or by virtue of section 46 of the Act)”.

Pay in lieu of leave on termination of continuous full time military service.

14.—(1.) After regulation 184 of the Military Financial Regulations the following regulation is inserted:—

“184a.—(1.) Where, immediately before a member of the Regular Army Emergency Reserve ceases, otherwise than by reason of his death, to render continuous full time military service, a period of recreation leave might be granted to the member under Division 6 of Part VI. of the Australian Military Regulations if he were to continue to render continuous full time military service for that period, an officer authorized to grant him leave may authorize payment to the member, upon his ceasing to render continuous full time military service, of an amount not exceeding the amount of the pay and allowances that would be payable to the member if he were to continue to render continuous full time military service for that period.

“(2.) Where—

(a) a member of the Regular Army Emergency Reserve dies; or

(b)the Military Board directs that the death of a member of the Regular Army Emergency Reserve is to be presumed to have occurred,

and the member is, on the day on which he dies or on which his death is to be presumed to have occurred, rendering continuous full time military service, 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 if the member had ceased to render continuous full time military service otherwise than by reason of his death on the day on which he died or on the day on which his death is to be presumed to have occurred, as the case may be.

“(3.) In the application of sub-regulation (1.) of this regulation to and in relation to a member, the amount of the pay and allowances that would be payable to the member in respect of a 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.) Regulation 184a of the Military Financial Regulations as amended by these Regulations—

(a)applies to and in relation to a member of the Regular Army Emergency Reserve who ceased, otherwise than by reason of his death, to render continuous full time military service on or after the eleventh day of February, 1966; and

(b)applies to and in relation to a member of the Regular Army Emergency Reserve who died, or whose death is or has been directed by the Military Board to be or to have been presumed to have occurred, on or after the twenty-sixth day of October, 1966, and who was, on the day on which he died or on which his death is to be presumed to have occurred, rendering continuous full time military service.

Senior appointments.

15.—(1.) Regulation 189 of the Military Financial Regulations is amended by inserting in the table in sub-regulation (1.), after the words—

“Commander, Northern Command Troops .. 1510”

the words—

“Commander of a Task Force ......................

 1510”.

(2.) The rate specified in the table in sub-regulation (1.) of regulation 189 of the Military Financial Regulations as amended by these Regulations in relation to the appointment “Commander of a Task Force” applies to and in relation to the service of a member of the Citizen Military Forces in such an appointment on or after the fourteenth day of January, 1966.

Gratuity in respect of continuous full time military service.

16. Regulation 200 of the Military Financial Regulations is repealed.

Pay in lieu of leave on termination of continuous full time military service,

17.—(1.) After regulation 220 of the Military Financial Regulations the following regulation is inserted in Division 6 of Part IV.:—

“220a.—(1.) Where, immediately before a member of the Citizen Military Forces ceases, otherwise than by reason of death, to render continuous full time military service, a period of recreation leave might be granted to the member under Division 5 or 6 of Part VI. of the Australian Military Regulations if he were to continue to render continuous full time military service for that period,

an officer authorized to grant him leave may authorize payment to the member, upon his ceasing to render continuous full time military service, of an amount not exceeding the amount of the pay and allowances that would be payable to the member if he were to continue to render continuous full time military service for that period.

“(2.) Where—

(a)a member of the Citizen Military Forces dies; or

(b)the Military Board directs that the death of a member of the Citizen Military Forces is to be presumed to have occurred,

and the member is, on the day on which he dies or on which his death is to be presumed to have occurred, rendering continuous full time military service, 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 if the member had ceased to render continuous full time military service otherwise than by reason of his death on the day on which he died or on the day on which his death is to be presumed to have occurred, as the case may be.

“(3.) In the application of sub-regulation (1.) of this regulation to and in relation to a member, the amount of the pay and allowances that would be payable to the member in respect of a 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 or classification and, where applicable, his corps and age.”.

(2.) Regulation 220a of the Military Financial Regulations as amended by these Regulations—

(a)applies to and in relation to a member of the Citizen Military Forces who ceased, otherwise than by reason of his death, to render continuous full time military service on or after the eleventh day of February, 1966; and

(b)applies to and in relation to a member of the Citizen Military Forces who died, or whose death is or has been directed by the Military Board to be or to have been presumed to have occurred, on or after the twenty-sixth day of October, 1966, and who was, on the day on which he died or on which his death is to be presumed to have occurred, rendering continuous full time military service.

        

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra