Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1966 No. 12

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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 twenty-ninth day of January, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

  

A.J. FORBES

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 by adding at the end thereof the following sub-regulation:—

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

(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.”.

Members other than General officers.

2.—(1.) Regulation 11 of the Military Financial Regulations is amended by omitting sub-regulations (12.) and (13.) and inserting in their stead the following sub-regulations:—

“ (12.) The rate of pay of a native member holding the rank of Second Lieutenant is—

(a) if he was appointed an officer before the first day of July, 1964—Three pounds one shilling and fivepence per day; or

(b) if he was appointed an officer on or after that date—Two pounds nineteen shillings and twopence per day.

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* Notified in the Commonwealth Gazette on 3 February, 1966.

  Statutory Rules 1961, No, 39, as amended by Statutory Rules 1961, Nos. 84, 100 and 129; 1962, Nos.

61 and 75; 1963, Nos. 9, 23, 62, 70, 75, 85, 90 and 150; 1964, Nos. 14, 17, 48, 56, 65, 81, 89, 100, 133 and 166; and 1965, Nos. 52, 66, 73 and 134.

16419/65.—Price 1s. (10c)  9/11,1.1966

“ (13.) The rate of pay of a native member, other than a native member who is an officer, is the rate per month specified in relation to his rank and, where specified, his classification and length of service in the rank in Table 7.

“ (13a.) From the pay payable to a native member, other than a native member who is an officer, an amount equal to twenty-five per centum of that pay shall be retained as an accumulating credit in the pay account of the member.

“ (13b.) The amount of the accumulating credit in the pay account of a native member is payable to the member upon the completion of his engagement or re-engagement or upon the termination of his service, which ever first occurs.”.

(2.) An officer who held the rank of Second Lieutenant on the third day of January, 1965, is entitled to pay in respect of service as a native member on or after that day as if the amendment of regulation 11 of the Military Financial Regulations effected by the last preceding sub-regulation had come into operation on that day.

Marriage allowance.

3.—(1.) Regulation 15 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulations:—

“ (9.) References in this regulation to a child of a member shall be read as including references to a child (not being an ex-nuptial child), stepchild or legally adopted child of the member who—

(a) has attained the age of 16 years but has not attained the age of 18 years;

(b) is undergoing full time education; and

(c) is not qualified for admission to a university.

“ (10.) A person shall be deemed to be qualified for admission to a university for the purposes of the last preceding sub-regulation, if the person has passed an examination approved by the Military Board for the purposes of this sub-regulation.”.

(2.) Marriage allowance is payable to a person in respect of service on and after the fourth day of August, 1964, as if the amendment effected by the last preceding sub-regulation had come into operation on that day.

Allowance for applicants for appointment or enlistment.

4. Regulation 21 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (2.) Where a medical officer, a dental officer or a pharmaceutical officer employed a locum tenens while attending for an interview or medical examination in connexion with his appointment as such an officer and while travelling to and from that interview or medical examination, locum tenens allowance is payable to the officer—

(a) if the officer is a medical officer or a dental officer—at the rate of Seven pounds seven shillings per day; or

(b) if the officer is a pharmaceutical officer—at the rate of Five pounds five shillings per day.”.

Gratuity— Soldiers— A.R.A. and R.A.S.

5. Regulation 61 of the Military Financial Regulations is amended by inserting in sub-regulation (1.), after the word “ Supplement ”, the words “ not being such a soldier who is a national serviceman,”.

6.—(1.) After regulation 61 of the Military Financial Regulations the following regulation is inserted:—

Gratuity— National Service.

“ 61a.—(1.) A gratuity of Forty pounds is payable to a national serviceman or a national service officer 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 serviceman or a national service officer 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 Forty pounds 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 Twenty pounds 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 Twenty pounds is payable to him; or

(d)if he is a married member and his service is terminated by his death—a gratuity of Forty pounds is payable in accordance with regulation 65 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.”.

(2.) Regulation 61a of the Military Financial Regulations applies to and in relation to a national serviceman or a national service officer, within the meaning of the Military Financial Regulations, whose service in the Regular Army Supplement was or is terminated on or after the thirtieth day of June, 1965.

Gratuity not payable in certain cases.

7. Regulation 64 of the Military Financial Regulations is amended—

(a) by omitting the words “ the last eight ” and inserting in their stead the words “ any of the last nine ”; and

(b) by adding at the end of paragraph (e) the words “, other than service as a national service officer ”.

Person to whom gratuity payable on death of married member.

8. Regulation 65 of the Military Financial Regulations is amended by inserting in sub-regulation (1), after the figures “ 61 ”, the figures “, 61a ”.

Travel on termination of service.

9. Regulation 74 of the Military Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“ (1.) Subject to the succeeding provisions of this regulation, a member may, on the termination of his service, be transported at the expense of the Department—

(a) if the member resided in Australia at the time of his appointment or enlistment—to the place at which he so resided; or

(b) if the member resided outside Australia at the time of his appointment or enlistment—to the capital city nearest to the place at which he is last posted for service before the termination of his service.

“ (1a.) A member is not eligible to be transported at the expense of the Department under this regulation—

(a) if his service is terminated at his own request before he has completed 20 years’ continuous service—unless the request is made for reasons relating to his family and he has completed not less than 3 years’ continuous service;

(b) if his service is terminated upon disciplinary grounds; or

(c) if his service is terminated on the ground of his invalidity and the invalidity is occasioned by his own default.”.

Removal on termination of service.

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

“ (2.) Except as provided by the next succeeding sub-regulation, a member is not eligible for removal under this regulation—

(a) if his service is terminated at his own request or upon disciplinary grounds; or

(b) if his service is terminated on the ground of his invalidity and the invalidity is occasioned by his own default

“ (2a.) A member whose service is terminated at his own request is eligible for removal under this regulation if—

(a) he has completed not less than 20 years’ continuous service;

(b) the request is made as a result of the reorganization of a formation or unit;

(c) the period from and including the day on which his service is terminated to but not including the day on which he will attain the age for compulsory retirement does not exceed the period of furlough due to him immediately before the termination of his service; or

(d) the request is made for reasons relating to his family and he has completed not less than 3 years’ continuous service.”.

Band allowances A.R.A.

11. Regulation 168 of the Military Financial Regulations is repealed.

Members other than members holding senior appointments.

12. Regulation 172 of the Military Financial Regulations is amended by inserting in sub-regulation (1.) after the word “ regulation ” (second occurring) the words “ in respect of a period of service in the Citizen Military Forces other than a period of continuous full time military service in relation to which the next succeeding regulation applies ”.

13. After regulation 172 of the Military Financial Regulations the following regulation is inserted:—

Continuous full time military service.

“ 172aa.—(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 Table in the Second Schedule to these Regulations is applicable to the member.

“ (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 Table 6 of the Third Schedule to these Regulations.

“ (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 lime 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.”.

Separation allowance.

14. Regulation 178 of the Military Financial Regulations is amended by omitting from sub-regulation (2.) the words “ is for a period ” and inserting in their stead the words “ involves the member being absent from his home for a period ”.

15. After regulation 179 of the Military Financial Regulations the following regulation is inserted:—

Gratuity in respect or the continuous full time military service.

“ 180.— (l.) Subject to such conditions as the Military Board determines, a gratuity is payable to a member of the Citizen Military Forces who renders continuous full time military service for a period of not less than 1 year under sub-section (3.) of section 50 of the Defence Act 1903-1965 at the rate of—

(a) if the member holds the rank of Second Lieutenant or a higher rank—Fifty pounds per annum; or

(b) in any other case—Twenty pounds per annum.

“ (2.) In the last preceding sub-regulation, ‘ member of the Citizen Military Forces ’ has the same meaning as in regulation 199 of these Regulations.”.

The First Schedule.

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

(a) by inserting after the word and figures—

“ Regulation 169F.”

the words and figures—

“ Sub-regulations (4.) and (5.) of Regulation 172aa ”; and

(b) by inserting after the word and figures—

“ Regulation 178.”

the words and figures—

“ Sub-regulation (1.) of Regulation 180.”.

The Third Schedule.

17. The Third Schedule to the Military Financial Regulations is amended by adding at the end thereof the following Table:—

Table 6—Members of the Citizen Military Forces Rendering a Period of Continuous Full time Military Service

Rank and Length of Service	Rate Per Day
£	s.	d.
Warrant Officer, Class I.—
With less than two years’ service in the rank............................................................	3	12	3
With not less than two years’ service in the rank......................................................	3	13	9
Warrant Officer, Class II—
With less than two years’ service in the rank............................................................	3	9	1
With not less than two years’ service in the rank......................................................	3	10	5
Staff Sergeant—
With less than two years’ service in the rank............................................................	3	4	10
With not less than two years’ service in the rank but less than four years’ service in the rank.........................................................................................................................	3	6	3
With not less than four years’ service in the rank.....................................................	3	7	8
Sergeant—
With less than two years’ service in the rank............................................................	3	0	4
With not less than two years’ service in the rank but less than four years’ service in the rank.........................................................................................................................	3	1	9
With not less than four years’ service in the rank.....................................................	3	3	2
Corporal.........................................................................................................................	2	9	5
Lance Corporal..............................................................................................................	2	4	11
Private...........................................................................................................................	2	2	0

              

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