Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1968 No. 62

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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 twenty-second day of May, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Phillip Lynch

Minister of State for the Army.

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Amendments of the Military Financial Regulations 

Parts.

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

“Division 11.—Removal of Families, Furniture and Effects in Australia

(Regulations 110-123).”.

and inserting in their stead the words—

“Division 11.—Removal of Families, Furniture and Effects in Australia

(Regulations 110-121).”.

Interpretation.

2. Regulation 5 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (1.) the definition of “child” and inserting in its stead the following definition:—

“ ‘child’, in relation to a member, means—

(a) a child (not being an ex-nuptial child) of the member;

(b) an ex-nuptial child of the member who is, by virtue of Part VI. of the Marriage Act 1961, the legitimate child of the member;

(c) a step-child of the member; or

(d) a legally adopted child of the member, who is under the age of sixteen years;”; and

(b) by omitting from that sub-regulation the definition of “normal method of public transport”.

 

* Notified in the Commonwealth Gazette on 1968.

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

14077/65—Price 10c  10/26.4.1968

3.Regulations 76 to 79 (inclusive) of the Military Financial Regulations are repealed and the following regulation is inserted in their stead:—

Method of travel.

“76.—(1.) Where, under this Division—

(a) a member is entitled to travel at the expense of the Department; or

(b)the fares of a member or of a member of his family incurred in travelling to or from a place are payable by the Department,

the method of travel, the class of travel and the quantity of baggage that may be conveyed at the expense of the Department shall, subject to the next succeeding sub-regulation, be as determined by the Military Board.

“(2.) A member may, with the approval of the Military Board, be permitted to travel—

(a) in his own vehicle or in a vehicle that has been lent to him or that he has hired; or

(b)in his own aircraft,

on an occasion on which he would be entitled to travel at the expense of the Department or the fares of the member or of a member of his family would be payable by the Department.”.

Travel on termination of service.

4. Regulation 80 of the Military Financial Regulations is amended by omitting sub-regulations (3.) and (4.) and inserting in their stead the following sub-regulation:—

“(3.) Where a member eligible to be transported on the termination of his service to a place at the expense of the Department under sub-regulation (1.) of this regulation wishes to travel, or travels, upon the termination of his service to some other place in Australia and the Military Board is satisfied that the member has established or intends to establish permanent residence at that other place, the member is entitled to be transported to that other place at the expense of the Department or to be re-imbursed by the Department an amount equal to his fare to that other place, as the case requires.”.

Leave travel—New Guinea area.

5. Regulation 85 of the Military Financial Regulations is amended by omitting from sub-regulation (4.) the words “any period of two years” and inserting in their stead the words “the period of two years immediately following the arrival of the member in the New Guinea area or in each succeeding period of two years”.

Interpretation.

6. Regulation 90 of the Military Financial Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“ (a) ‘child’, in relation to a member, means—

(i) a child (not being an ex-nuptial child) of the member;

(ii) an ex-nuptial child of the member who is, by virtue of Part VI. of the Marriage Act 1961, the legitimate child of the member;

(iii) a step-child of the member; or

(iv) the legally adopted child of the member,

being a child who is dependent upon the member and—

(v) is under the age of eighteen years; or

(vi) has been certified by a medical practitioner to be a permanent invalid;”.

Members visiting another place in the course of their duty.

7. Regulation 97 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the words “from the time of the member’s departure from his normal place of duty to the time of his return to that place” and inserting in their stead the words “from time of departure of, to time of arrival on return of, the train, steamer or other conveyance by which the member travels ”.

Rates of travelling allowance.

8. Regulation 99 of the Military Financial Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Where the Military Board is satisfied that any travelling allowance payable to a member at the appropriate rate provided for in the preceding sub-regulations of this regulation is insufficient to cover the expenses reasonably incurred by the member in the course of the period of travel in relation to which it is payable, the Military Board may authorize payment of travelling allowance in respect of that period of travel at such rate as is necessary to meet those expenses in lieu of the appropriate rate so provided for.”.

9. Regulation 101 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Reduction of allowance where rations or quarters are provided of fare includes subsistence.

“101.—(1.) Where, during a period in respect of which travelling allowance would, but for this regulation, be payable to a member in accordance with regulation 99 of these Regulations—

(a) the member is provided at the expense of the Commonwealth—

(i) with both rations and quarters;

(ii) with rations only, not being rations provided while he is travelling on a journey; or

(iii) with quarters only; or

(b)the member is travelling on a journey extending overnight and the fare paid in respect of the journey includes payment both for all necessary subsistence and accommodation during the journey,

the member is not entitled to be paid travelling allowance in accordance with regulation 99 of these Regulations in respect of that period but is entitled to be paid an allowance to cover incidental expenses at the rate applicable to the member under this regulation and, if paragraph (a)of this sub-regulation is applicable to the member in respect of the period, the member is entitled to be paid an additional amount equal to the amount (if any) expended by the member on rations and quarters or rations or quarters, as the case may be, during that period or, if in the opinion of the Military Board the amount so expended by him is an unreasonable amount having regard to all the circumstances of the case, equal to such lesser amount as the Military Board considers to be a reasonable amount.

“(2.) The last preceding sub-regulation does not apply to a member to whom travelling allowance is payable by virtue of an approval of the Military Board under sub-regulation (4.) of regulation 99 of these Regulations.

“(3.) The rate of travelling allowance payable to a member under this regulation to cover incidental expenses is that specified, according to the rank of the member, in the following table:—

Rank	Rate per day for residence in a capital city		Rate per day for residence in a place other than a capital city
$	$
Major-General........................................................................	2.00	1.50
Brigadier..................................................................................
Colonel.....................................................................................	1.80	1.20
Lieutenant-Colonel................................................................
Major.......................................................................................	1.50	1.20
Captain....................................................................................
Lieutenant...............................................................................	1.50	1.20
Second Lieutenant.................................................................
Warrant Officer and soldier of lower rank........................	1.50	1.20”.

Cases in which travelling allowance is not payable.

10.Regulation 102 of the Military Financial Regulations is amended by omitting paragraph (a).

Alteration of travelling allowance.

11. Regulation 104 of the Military Financial Regulations is repealed.

Mileage allowance.

12.Regulation 108 of the Military Financial Regulations is amended—

(a)by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) Subject to this regulation, where a member travels, with the approval of the Military Board under sub-regulation (2.) of regulation 76 of these Regulations, in his own vehicle, in a vehicle that has been lent to him or in a hired vehicle, an allowance, called ‘mileage allowance’, is payable to the member.

“(2.) Where the approval of the Military Board is granted to a member to travel on duty in his own vehicle, in a vehicle that has been lent to him or in a hired vehicle—

(a) because there is no appropriate method of public transport available by which to travel to the place where the duty is to be performed; or

(b)because the use of the vehicle would result in greater efficiency or involve the Commonwealth in less expense than would be the case if public transport were used,

mileage allowance is payable for each mile that the vehicle reasonably travels in connexion with the performance of the duty at whichever of the rates specified in the following table is applicable:—

Type of Vehicle	Rate of payment per mile in any period of 12 months
	For each mile in the first 5,000 miles		For every other mile
Cents		Cents
Motor truck of 1 ton capacity or over.................................................................	14		10
Motor truck of less than 1 ton capacity..............................................................	The rate specified in this table for a motor car of the same horsepower plus 1 cent per mile
Motor car the horsepower of which is 23 h.p. or over.....................................				11	8
Motor car the horsepower of which is less than 23 h.p. but is not less than 15 h.p...................................................................................................................	10	7
Motor car the horsepower of which is less than 15 h.p...................................	9	6
Motor cycle with side car......................................................................................	6	4
Motor cycle..............................................................................................................	5	3” .

(b)by omitting from sub-regulation (3.) the words “permission has been granted to a member to use a motor vehicle in his possession instead of travelling by the normal method of public transport and it is not to the disadvantage of the Department” and inserting in their stead the words “approval has been granted for a member to use his own vehicle, a vehicle that has been lent to him or a hired vehicle on a ground other than a ground set out in the last preceding sub-regulation”; and

(c)by adding at the end thereof the following sub-regulations:—

“(7.) Where a member is entitled to payment of mileage allowance calculated as provided by sub-regulation (2.) of this regulation in respect of the use of a vehicle during a period of twelve months or another period approved by the Military Board and the Military Board is satisfied that the amount of mileage allowance that, but for this sub-regulation, would be payable to the member in respect of the period is insufficient to meet the expenses reasonably incurred by the member in travelling in the vehicle on duty during the period, the Military Board may authorize payment of mileage allowance at such rate as is necessary to meet those expenses in lieu of the rate applicable by virtue of that sub-regulation and the rate (if any) applicable by virtue of the last preceding sub-regulation.

“(8.) In this regulation, a reference to a member travelling on duty shall be read as including a reference to a member travelling on leave, on the termination of his service or in circumstances approved by the Military Board for the purposes of sub-regulation (1.) of regulation 75 of these Regulations if the cost of the travel is, under this Division, to be borne by the Department.”.

Aircraft allowance.

13. Regulation 108a of the Military Financial Regulations is amended by omitting the words “Where a member has been permitted under sub-regulation (4.) of regulation 76 of these Regulations to use his own aircraft for the purpose of travelling on duty,” and inserting in their stead the words “Where a member travels, with the approval of the Military Board under sub-regulation (2.) of regulation 76 of these Regulations, in his own aircraft,”.

Interpretation.

14.Regulation 110 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the definition of “child” and inserting in its stead the following definition:—

“‘child’, in relation to a member, means —

(a) a child (not being an ex-nuptial child) of the member;

(b) an ex-nuptial child of the member who is, by virtue of Part VI. of the Marriage Act 1961, the legitimate child of the member;

(c) a step-child of the member; or

(d) a legally adopted child of the member;”.

15. Regulations 121, 122 and 123 of the Military Financial Regulations are repealed and the following regulation is inserted in their stead:—

Method of travel on a removal.

“121.—(1.) This regulation applies to a case where—

(a)a member or the family of a member is entitled to be removed at the expense of the Department; or

(b)a member is entitled to be paid by the Department the cost of transporting his family.

“(2.) In a case to which this regulation applies, the method of travel, the class of travel and the quantity of baggage that may be conveyed at the expense of the Department shall, subject to the next succeeding sub-regulation, be as determined by the Military Board.

“(3.) In a case to which this regulation applies, the family of a member may, with the approval of the Military Board, be permitted to travel in a vehicle belonging to the member or a member of his family or that has been lent to or hired by the member or a member of his family.”,

Rental allowance on occupying furnished premises in new locality.

16. Regulation 128 of the Military Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) Subject to the succeeding sub-regulations of this regulation, rental allowance in respect of the occupation of premises by a member is payable under the last preceding sub-regulation at a rate equal to the amount by which the amount considered by the Military Board to be the fair and reasonable rent for the premises exceeds the rent that the member would be required to pay under regulation 253 of these Regulations if he were occupying married quarters, or such lower rate as the Military Board, in special circumstances, determines,

“(3.) The rate of rental allowance shall not exceed Ten dollars per week without the approval of the Military Board.

“(4.) Where rental allowance is payable in respect of premises by a member and the member sub-lets part of the premises, sub-regulation (2.) of this regulation applies as if the amount considered by the Military Board to be the fair and reasonable rent for the premises were reduced by the amount received by the member in respect of sub-letting the part of the premises.”.

Interpretation.

17. Regulation 135 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the definition of “child” and inserting in its stead the following definition:—

“‘child’, in relation to a member, means—

(a) a child (not being an ex-nuptial child) of the member;

(b) an ex-nuptial child of the member who is, by virtue of Part VI. of the Marriage Act 1961, the legitimate child of the member;

(c) a step-child of the member; or

(d) a legally adopted child of the member;”.

18. After regulation 146 of the Military Financial Regulations the following regulation is inserted:—

Transport in emergency.

“146a.—(1.) Subject to the next succeeding sub-regulation and to such conditions as the Military Board determines, passages to and from Australia may be provided at the expense of the Department—

(a) for a member serving in an oversea country who has been granted emergency leave to enable him to visit Australia; or

(b)for the wife of a member serving in an oversea country to enable her to visit Australia.

“(2.) Passages shall not be provided under the last preceding sub-regulation for the wife of a member unless a passage for the wife to the oversea country was provided at the expense of the Department under these Regulations and—

(a)the Military Board, being of opinion that emergency leave would be granted to the member to enable him to visit Australia if he were to apply for that leave and it were not inappropriate, having regard to the duties on which he is engaged, for him to be granted that leave, has approved the provision of the passages;

(b) emergency leave has been granted to the member to enable him to visit Australia but the member has agreed to forgo that leave if passages to and from Australia are provided for his wife at the expense of the Department; or

(c) the member has been refused emergency leave to enable him to visit Australia on the ground that, having regard to the duties on which he is engaged, it is inappropriate for him to be granted leave to travel to Australia.”.

19. After regulation 162 of the Military Financial Regulations the following regulation is inserted:—

Continuation of allowances while on leave oversea.

“162a. Where a member serving in an oversea country on long term duty is absent from duty on recreation leave for a period immediately before returning to Australia after completing his duty in the oversea country, and spends that period or a part of that period in an oversea country, oversea living out allowance and child allowance (if appropriate) may be paid to him in respect of that period or part of that period, as the case may be, at such rate and subject to such conditions as the Military Board approves.”.

Officers of cadets—pay.

20. Regulation 224 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the words “, which is of a duration of not less than seven consecutive days” and inserting in their stead the words “for a period of, or for periods aggregating, not less than seven days,”.

Entitlement.

21. Regulation 260 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the words “the Department” and inserting in their stead the words “the Commonwealth”.

Recovery of coats where member has enforceable claim.

22.—(1.) Regulation 262 of the Military Financial Regulations is amended by omitting the words “the Department” (wherever occurring) and inserting in their stead the words “the Commonwealth”.

(2.) Regulation 262 of the Military Financial Regulations as amended by the last preceding sub-regulation applies to and in relation to medical or dental treatment provided at the expense of the Commonwealth after the commencement of these Regulations.

(3.) Regulation 262 of the Military Financial Regulations as in force immediately before the commencement of these Regulations continues to apply, notwithstanding the amendments effected by sub-regulation (1.) of this regulation, to and in relation to medical or dental treatment provided at the expense of the Department before the commencement of these Regulations.

First Schedule.

23. The First Schedule to the Military Financial Regulations is amended—

(a) by omitting the word and figures—

“ Regulation 108.”

and inserting in their stead the words and figures—

“ Sub-regulation (6.) of Regulation 108.”;

(b)by inserting after the words and figures—

“ Sub-regulation (3.) of Regulation 162.”

the word and figures—

“Regulation 162a.”; and

(c) by inserting after the word and figures—

“Regulation 167.”

the word and figures—

“Regulation 167a.”.

Application.

24. The rate of allowance to cover incidental expenses provided for in sub-regulation (3.) of regulation 101 of the Military Financial Regulations as amended by regulation 9 of these Regulations applies to payments of that allowance in respect of the fourteenth day of February, 1966 or any subsequent day.

Additional representation allowance.

25. Additional representation allowance is, by virtue of this regulation, payable at the rate of One hundred and seventy-five dollars per annum to a member who during the period from and including the eleventh day of February, 1963, to and including the seventeenth day of February, 1964, or during a part of that period held the posting “Australian Service Attaché in Cambodia”.

                               

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