Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1966 No. 87

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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*

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 1903-1965.

Dated this 14th day of May, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

Sgd. Malcolm Fraser

Minister of State for the Army.

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Amendments of the Military Financial Regulations 

Repeal and savings.

1. Regulation 3 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulations:—

“(3.) Notwithstanding the repeal effected by sub-regulation (1.) of this regulation, a determination, direction or approval may be made or given after the date of commencement of this sub-regulation for the purpose of the application of a provision of the Regulations repealed by these Regulations in respect of a period ending before the commencement of these Regulations.

“(4.) Subject to sub-regulation (6.) of this regulation, a determination, direction or approval made or given by virtue of the last preceding sub-regulation shall be expressed to have taken effect from a date specified in it (being a date not earlier than two years before the date on which it is made or given or the date on which the provision for the purposes of which it is made or given came into operation, whichever is the later date) and the provision for the purposes of which it is made or given then has effect, and shall be taken at all times to have had effect, as if the determination, direction or approval had taken effect on the date so specified in it.

“(5.) Without limiting the generality of the last preceding sub-regulation but subject to the next succeeding sub-regulation, a determination, direction or approval made or given by virtue of sub-regulation (3.) of this regulation—

(a)may amend or vary a determination, direction or approval in force immediately before the date of commencement of these Regulations or made or given by virtue of sub-regulation (3.) of this regulation;

(b)may be in substitution for such a determination, direction or approval; or

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* Notified in the Commonwealth Gazette on 12 May, 1966.

  Statutory Rules 1966, No. 35, as amended by Statutory Rules 1966, No. 58.

3348/66.—Price 8c (9d.)  9/7.4.1966

(c) may apply or have effect in relation to some act or event that was performed or occurred—

(i) before that date; or

(ii) during a period (being a period that ended on or before that date) specified in the determination, direction or approval,

and, in such a case, the provision for the purpose of which it is made or given has effect accordingly.

“(6.) Provision shall not be made in a determination, direction or approval made or given under sub-regulation (3.) of this regulation—

(a)affecting the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date it is made or given in a manner prejudicial to that person; or

(b)imposing liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date on which it is made or given,

and where, in such a determination, direction or approval, provision is made in contravention of this sub-regulation, that provision is void and of no effect.

“(7.) For the purpose of the making or giving of a determination, direction or approval by virtue of sub-regulation (3.) of this regulation, a delegation under a provision of the Regulations repealed by these Regulations and in force immediately before the commencement of these Regulations shall, by virtue of this sub-regulation, be, and continue to be, in force after the commencement of this sub-regulation, but may be repealed as if the Regulations so repealed had continued in force.

“(8.) Where a determination, direction or approval made or given by virtue of sub-regulation (3.) of this regulation is made or given for the purposes of a provision of the Regulations repealed by these Regulations specified in the First Schedule to the Regulations so repealed—

(a)if the Treasurer or an officer authorized by the Treasurer for the purpose of regulation 8 of the Regulations so repealed had approved the determination, direction or approval before the commencement of these Regulations—that approval continues in force after the commencement of these Regulations for the purposes of the Regulations repealed by these Regulations; or

(b)in any other case—the Treasurer or such an officer may, after the commencement of this sub-regulation, approve the determination, direction or approval for the purposes of regulation 8 of the Regulations so repealed.”.

Parts.

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

(a) by omitting the words—

“Division 6.—Allowances by Reason of Service in Certain Areas in Australia (Regulations 41-46).”

 and inserting in their stead the words—

“Division 6.—Allowances by Reason of Service in Certain Areas in Australia (Regulations 41-47).”; and

(b) by omitting the words—

“Division 7.—Allotments (Regulations 47-60).”

and inserting in their stead the words—

“Division 7.—Allotments (Regulations 48-60).”.

Consolidated rates of pay—General officers.

3. Regulation 11 of the Military Financial Regulations is amended—

(a)by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) The rate of pay payable to a member who holds the appointment Chairman, Chiefs of Staff Committee is a consolidated rate of pay of Sixteen thousand dollars per year.”; and

(b)by inserting in sub-regulation (2.), after the word “Staff”, the words “or the Chairman, Chiefs of Staff Committee”.

Members other than General Officers.

4.—(1.) Regulation 12 of the Military Financial Regulations is amended by omitting from Part B of the table in sub-regulation (1.) the words and figures—

“Lance Corporal 4.49 4.76 4.99 5.21 5.41 5.66 5.88”

and inserting in their stead the words and figures—

“Lance Corporal 4.49 4.76 4.99 5.21 5.42 5.66 5.88”.

(2.) Regulation 12 of the Military Financial Regulations is further amended by omitting from paragraph (b)of sub-regulation (14.) the words “Five dollars and ninety-one cents” and inserting in their stead the words “Five dollars and ninety-two cents”.

Calculation of pay.

5. Regulation 15 of the Military Financial Regulations is amended—

(a)by omitting from sub-regulation (2.) the word “sub-regulation (4.)” and inserting in its stead the word “sub-regulation (6.)” and

(b) by omitting from sub-regulation (3.) the word “sub-regulation (5.)” and inserting in its stead the word “sub-regulation (7)”.

General provisions relating to eligibility for certain allowances.

6. Regulation 27 of the Military Financial Regulations is amended by omitting from sub-paragraph (ii) of paragraph (b)of sub-regulation (3.) the words “Two dollars” and inserting in their stead the words “One dollar”.

Meal allowance.

7. Regulation 107 of the Military Financial Regulations is amended—

(a)by omitting from paragraphs (a) and (b) of sub-regulation (2.) the words “Fifty-five cents” and inserting in their stead the words “Seventy-five cents”; and

(b) by omitting from paragraph (c) the words “Ninety cents” and inserting in their stead the words “One dollar”.

Senior appointments.

8. Regulation 189 of the Military Financial Regulations is amended by omitting from the table in sub-regulation (1.) the words and figures—

“Northern Command.............................................................. 1,115”

and inserting in their stead the words and figures—

“Northern Command.............................................................. 1,110”.

Rates of pay for members other than senior appointments.

9. Regulation 190 of the Military Financial Regulations is amended—

(a)by omitting from the table in sub-regulation (3.) the words and figures—

“Chaplain First Class (Colonel).......................................................................................................................... 16.62”

and inserting in their stead the words and figures—

“Chaplain First Class (Colonel).......................................................................................................................... 16.63”;

and

(b)by omitting from the table in sub-regulation (4.) the word and figures—

“Sergeant........................................................................................................................... 1.74”

and inserting in their stead the word and figures—

“Sergeant........................................................................................................................... 1.72”.

Cadet under-officers-camp allowance.

10. Regulation 228 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the words “Ninety-five cents” and inserting in their stead the words “Thirty cents”.

Bivouac allowance.

11. Regulation 243 of the Military Financial Regulations is amended—

(a)by omitting from paragraph (a) of sub-regulation (1.) the words “Fifty-eight cents” and inserting in their stead the words “Fifty-nine cents”; and

(b)by omitting from paragraph (c) of sub-regulation (1.) the words “One dollar and eleven cents” and inserting in their stead the words “One dollar and twelve cents”.

Application.

12.—(1.) The amendments of the Military Financial Regulations effected by regulations 4 and 7 of these Regulations apply in relation to service in the Permanent Military Forces on and after the eighteenth day of February, 1966.

(2.) The amendment of the Military Financial Regulations effected by paragraph (a)of regulation 9 of these Regulations applies in relation to service in the Citizen Military Forces on and after the eighteenth day of February, 1966.

        

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