Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

 

1966 No. 58

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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 tenth day of February, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

  

Malcolm Fraser

Minister of State for the Army.

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Amendments of the Military Financial Regulations 

Commencement.

1. These Regulations shall come into operation on the eighteenth day of February, 1966.

Definition.

2. In these Regulations, “the Military Financial Regulations” means Statutory Rules 1966, No. 35

Parts.

3. Regulation 4 of the Military Financial Regulations is amended by omitting the words and figures—

“Division 8.—Gratuities (Regulations 61-74).”

and inserting in their stead the words and figures—

“Division 8.—Gratuities and Bounties (Regulations 61-74).”.

Interpretation.

4. Regulation 5 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) In these Regulations, unless the contrary intention appears—

(a)a reference to a national serviceman shall be read as a reference to a member who, under section 27 of the National Service Act 1951-1965, is to be deemed to have been engaged or re-engaged to serve in the Regular Army Supplement; and

(b)a reference to a national service officer shall be read as a reference to an officer who, immediately before his appointment as an officer, was a national serviceman or a person referred to in sub-section (1.) of section 28 of the National Service Act 1951-1965 and, by reason of his appointment as an officer, is not liable to render service or to render further service, as the case may be, under that Act.”.

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* Notified in the Commonwealth Gazette on 11 February, 1966.

 Statutory Rules 1966, No. 35

465/66.—Price 9d. (8c) 9/3.2.1966

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

Pay in lieu of leave on termination of service.

“17a.—(1.) Where, immediately before the termination of the services of a member in the Australian Regular Army or the Regular Army Supplement, 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 serve in that force for that period, an officer authorized to grant him leave may authorize payment to the member, upon the termination of his services in that force, 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 serve in that force for that period.

“(2.) Where, immediately before the termination of the services in the Regular Army Supplement of a member who is a national serviceman or a national service officer within the meaning of the National Service Act 1951-1965, a period of leave might be granted to him in consequence of the termination of his services in that force if he were to continue to serve in that force for that period, an officer authorized to grant him leave may authorize payment to him, upon the termination of his services in that force, of an amount not exceeding the amount of thepay and allowances that would be payable to him if he were to continue to serve in that force for that period.

“(3.) In the application of the last two preceding sub-regulations 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.”.

Heading to Division 8. of Part II.

6. The heading to Division 8. of Part II. of the Military Financial Regulations is repealed and the following heading inserted in its stead:—

“Division 8.—Gratuities and Bounties.”

 

7. Regulations 62 and 63 of the Military Financial Regulations are repealed and the following regulations are inserted in their stead:—

Gratuities and bounties.

“62.—(1.) A gratuity or bounty of such amount as the Military Board determines is payable to a member included in an approved class of members in respect of service rendered or to be rendered in the Permanent Military Forces in such circumstances (not being circumstances in which a gratuity is payable under any other regulation in this Division) and subject to such conditions as the Military Board determines.

“(2.) In the last preceding sub-regulation, ‘approved class of members’ means a class of members approved by the Military Board for the purposes of that sub-regulation.

Gratuity—National Service.

“63.—(1.) A gratuity of Eighty dollars is payable to a national service officer of a national serviceman upon his having completed 2 years’ continuous service in the Regular Army Supplement.

“(2.) Subject to the next succeeding sub-regulation, where the service of a national service officer or a national serviceman in the Regular Army Supplement is terminated before he completes 2 years’ continuous service in that force—

(a)if his service is terminated on the ground of invalidity and the percentage of his total incapacity in relation to civil employment as determined by the Military Board is not less than sixty per centum—a gratuity of Eighty dollars is payable to him;

(b)if his service is terminated on the grounds of invalidity and the percentage of his total incapacity in relation to civil employment as determined by the Military Board is less than sixty per centum—a gratuity of Forty dollars is payable to him;

(c) if his service is terminated in order that he may be enlisted in, or appointed an officer of, the Permanent Naval Forces, the Permanent Military Forces or the Permanent Air Force—a gratuity of Forty dollars is payable to him; or

(d) if he is a married member and his service is terminated by his death—a gratuity of Eighty dollars is payable in accordance with regulation 71 of these Regulations.

“(3.) Gratuity is not payable under the last preceding sub-regulation—

(a)if the service of the member is terminated on the grounds of his invalidity and the invalidity resulted from an occurrence that happened, or a disease contracted by him, during a period of absence without leave exceeding 21 days; or

(b)if the member died while absent without leave, the period of that absence being not less than 21 days.”.

Gratuity—other officers.

8. Regulation 64 of the Military Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A gratuity is payable in accordance with this regulation on the termination of service of a male officer other than a medical officer or a dental officer serving under a short service commission or a national service officer.”.

Gratuity not payable in certain cases.

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

Band allowance—A.R.A.

10. Regulation 178 of the Military Financial Regulations is repealed.

11. After regulation 190 of the Military Financial Regulations the following regulation is inserted:—

Continuous full time military service.

“190a.—(1.) This regulation applies to and in relation to a period of continuous full time military service, being a period of not less than one year, that a member is bound to render under sub-section (3.) of section 50 of the Defence Act 1903-1965.

“(2.) The rate of pay of a member, being an officer, in respect of service included in a period of continuous full time military service to which this regulation applies is the rate of pay specified, in relation to the rank

held by the officer and, where specified, his length of service in that rank, in whichever of the sub-regulations of regulation 12 of these Regulations is appropriate.

“(3.) The rate of pay of a member, not being an officer, in respect of service included in a period of continuous full time military service to which this regulation applies is the rate specified in relation to his rank and length of service in the rank in the following table:—

Rank, Classification and Length of Service	Rate per day
Warrant Officer, Class I.—	$
With less than two years’ service in the rank.........................................................	7.22
With not less than two years’ service in the rank..................................................	7.38
Warrant Officer, Class II.—
With less than two years’ service in the rank.........................................................	6.91
With not less than two years’ service in the rank..................................................	7.04
Staff Sergeant—
With less than two years’ service in the rank.........................................................	6.48
With not less than two years’ service in the rank but less than four years’ service in the rank...........................................................................................................	6.62
With not less than four years’ service in the rank	6.77
Sergeant—
With less than two years’ service in the rank.........................................................	6.03
With not less than two years’ service in the rank but less than four years’ service in the rank...........................................................................................................	6.18
With not less than four years’ service in the rank..................................................	6.32
Corporal......................................................................................................................	4.94
Lance Corporal...........................................................................................................	4.49
Private.........................................................................................................................	4.20

“(4.) For the purposes of this regulation, the length of service of a member in a rank shall be calculated in the manner determined by the Military Board, and may include a period of continuous full time military service in the Citizen Military Forces or a period of service in the like rank in a force other than the Citizen Military Forces.

“(5.) Incremental advancement in the rate of pay of a member in respect of length of service in a rank is subject to such conditions as the Military Board approves.”.

First Schedule.

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

(a)by inserting after the word and figures—

“Regulation 47”

the word and figures—

“Regulation 62”; and

(b)by inserting after the word and figures—

“Regulation 185”

the words and figures—

“Sub-regulations (4.) and (5.) of regulation 190a”.

  

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