Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1968 No.49

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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-ninth day of March 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 

Interpretation.

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

(a) by omitting from sub-regulation (1.) the definition of “native member”; and

(b) by inserting in sub-regulation (1.), after the definition of “oversea”, the following definition:—

“‘Pacific Islander’ means a person who is or has been an aboriginal inhabitant of the New Guinea area;”.

Definition.

2. Regulation 10 of the Military Financial Regulations is amended by inserting in paragraph (a), after the word “than”, the words “a Pacific Islander serving in the Australian Regular Army or”.

Good conduct increments.

3. Regulation 13 of the Military Financial Regulations is amended by omitting sub-regulation (4.).

Special increase in pay.

4. Regulation 14 of the Military Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The last preceding sub-regulation does not apply to—

(a) an apprentice tradesman; or

(b) an apprentice musician or apprentice clerk who has not attained the age of eighteen years.”.

Marriage allowance.

5. Regulation 19 of the Military Financial Regulations is amended by omitting from sub-regulation (8.) the words “or to a native member”.

Separation allowance.

6. Regulation 23 of the Military Financial Regulations is amended by omitting from sub-regulation (5.) the words “or to a native member”.

District allowance.

7. Regulation 41 of the Military Financial Regulations is amended by omitting from sub-regulation (15.) the words “to a native member or”.

 

* 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, No. .

13128/67—Price 8c 10/27.2.1968

8. Regulation 46 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Broken Hill allowance.

“46. Subject to such conditions as the Military Board determines, an allowance, called ‘Broken Hill allowance’, is payable at the rate of Ninety-three cents per day to a member who has been posted for service with a unit at Broken Hill and is living out.”.

Method of travel.

9. Regulation 76 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4.) Subject to this Division, a member may, with the approval of the Military Board, be permitted to use his own aircraft for the purpose of travelling on duty.”.

Meal allowance.

10. Regulation 107 of the Military Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The rate of meal allowance is—

(a)in the case of breakfast—Eighty cents;

(b)in the case of midday meal—Ninety cents; and

(c) in the case of an evening meal—One dollar twenty-five cents.”.

11. After regulation 108 of the Military Financial Regulations the following regulation is inserted:—

Aircraft allowance.

“108a. 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, an allowance, called ‘aircraft allowance’, is, subject to such conditions as the Military Board determines, payable to the member at such rate as the Military Board, having regard to the circumstances of the particular case, determines.”.

Education allowance.

12. Regulation 131 of the Military Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “Eight hundred and sixty dollars” and inserting in their stead the words “One thousand and fifty-five dollars”; and

(b) by omitting from paragraphs (b) and (c) of sub-regulation (2.) the words “One hundred and forty-six dollars and sixty-seven cents” and inserting in their stead the words “One hundred and sixty-eight dollars thirty-three cents”.

Child education allowance.

13. Regulation 159 of the Military Financial Regulations is amended—

(a) by omitting from paragraph (a)of sub-regulation (2.) the words “Eight hundred and sixty dollars” and inserting in their stead the words “One thousand and fifty-five dollars”; and

(b) by omitting from paragraphs (b) and (c) of sub-regulation (2.) the words “One hundred and forty-six dollars and sixty-seven cents” and inserting in their stead the words “One hundred and sixty-eight dollars thirty-three cents”.

 

Travel on duty or on approved leave oversea.

14. Regulation 167aof the Military Financial Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) on duty in such circumstances that—

(i) the use of public transport is not the reasonable method for the member to travel to the destination at which the duty is to be performed; or

(ii) greater efficiency and saving to the Department would result from the use of a motor vehicle in his possession than would be the case if another means of transport was used; or”.

Gratuity in respect of continuous full-time military service.

15. Regulation 200 of the Military Financial Regulations is amended by inserting in sub-regulation (1.), after the word “Forces”, the words “other than such a member who is a medical officer or a dental officer”.

16. After regulation 200 of the Military Financial Regulations the following regulation is inserted:—

Gratuity for continuous full-time military service—medical and dental officers.

“200a.—(1.) Subject to the next succeeding sub-regulation, where a member of the Citizen Military Forces who is a medical officer or a dental officer has rendered or renders continuous full-time military service for a period of not less than one year under sub-section (3.) of section 50 of the Defence Act 1903-1966, being a period that commenced or commences on or after the fifteenth day of March, 1966, a gratuity is payable to the member in respect of that service, subject to such conditions as the Military Board determines, at the rate of—

(a) if the member is a medical officer—Five hundred dollars per annum; or

(b) if the member is a dental officer—Two hundred and fifty dollars per annum.

“(2.) Where a gratuity is payable to a member under the last preceding sub-regulation in respect of a period of continuous full-time military service and a gratuity has been paid or is payable to the member in respect of that period under the last preceding regulation, the amount payable to the member by way of gratuity under the last preceding sub-regulation shall be reduced by an amount equal to the gratuity so paid or payable under the last preceding regulation.

“(3.) In this regulation, a ‘member of the Citizen Military Forces’ has the same meaning as in regulation 220 of these Regulations.”.

Allowance for out of pocket expenses.

17. Regulation 210 of the Military Financial Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) An allowance under this regulation is not payable to—

(a) a member referred to in regulation 189 of these Regulations;

(b) a member of the rank of Major-General or Brigadier who is entitled to pay as provided by regulation 190 of these Regulations; or

(c) a member serving in the Papua and New Guinea Volunteer Rifles who is not entitled to expatriate allowance under regulation 198 of these Regulations.”.

Replacement of clothing.

18. Regulation 235 of the Military Financial Regulations is amended by omitting paragraph (f) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(f) a member who isa Pacific Islander.”.

 

Clothing maintenance allowance.

19. Regulation 237 of the Military Financial Regulations is amended by omitting paragraph (e)of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(e) a member who is a Pacific Islander.”.

Living out allowance—unmarried members.

20. Regulation 247 of the Military Financial Regulations is amended by omitting paragraph (a) of sub-regulation (6.) and inserting in its stead the following paragraph:—

“(a) to a member in receipt of a consolidated rate of pay or to a member who is a Pacific Islander:”.

Living out away from home allowance—married members.

21. Regulation 250 of the Military Financial Regulations is amended by inserting after paragraph (a)of sub-regulation (8.) the following paragraph:—

“(aa) to a member who is a Pacific Islander;”.

The Schedule.

22. The Schedule to the Military Financial Regulations is amended by inserting after the word and figures—

“Regulation 108”

the word and figures—

“Regulation 108a”.

Transitional.

23. Where a member was in receipt of education allowance or child education allowance in respect of the attendance of a child at a school as a boarder during the period from and including the first day of January, 1966, to and including the thirty-first day of December, 1966, 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 or paragraph (a) of sub-regulation (2.) of regulation 159 of the Military Financial Regulations, as the case may be, if the amount specified in that paragraph had been Nine hundred and seventy-five dollars; and

(b) the member is, by virtue of this regulation, entitled to be paid a sum equal to the amount by which the amount so determined is greater than the amount of education allowance or 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.

Application.

24.—(1.) The rate of Broken Hill allowance specified in regulation 46 of the Military Financial Regulations as amended by regulation 8 of these Regulations applies in relation to Broken Hill allowance paid or payable in respect of the sixth day of January, 1966 or any subsequent day.

(2.) Education allowance and child education allowance are payable in accordance with regulations 131 and 159 of the Military Financial Regulations, respectively, in respect of the attendance of a child at a school on or after the first day of January, 1967, as if the amendments of regulation 131 of the Military Financial Regulations effected by regulation 12 of these Regulations and the amendments of regulation 159 of the Military Financial Regulations effected by regulation 13 of these Regulations had come into operation on the first day of January, 1967.

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