Military Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1965 No. 66

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1964.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1964.

Dated this 27th day of May, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Military Financial Regulations

1. After regulation 75 of the Military Financial Regulations the following regulation is inserted:—

Travel on leave—members detached from units.

“75a.—(1.) Subject to the next succeeding sub-regulation, where a married member is serving with a unit in Australia in a locality other than the locality to which he is posted and it is intended that he serve with that unit for a period of not less than six months but less than twelve months, the member may, on such occasions and subject to such conditions as the Military Board determines, travel between the locality in which he is serving and the locality in which his family are residing at the expense of the Department.

“(2.) Where—

(a)a member travels between the locality in which he is serving and the locality in which his family are residing;

(b) the member would, but for this sub-regulation, be entitled so to travel at the expense of the Department under the last preceding sub-regulation; and

(c) an amount equal to the cost to the Department of the member so travelling is greater than an amount equal to the cost to the Department of the member travelling between the locality in which he is serving and the locality to which he is posted,

the last preceding sub-regulation does not apply to or in relation to that travel by the member but the member may, in respect of that travel, be reimbursed an amount equal to that lesser amount.

“(3.) Where a member is entitled to travel at the expense of the Department under this regulation on a particular occasion but his family travel to the locality in which he is serving instead of the member travelling

 

* Notified in the Commonwealth Gazette on 3 June, 1965.

  Statutory Rules 1961, No. 39, as amended to date. For previous amendments of the Military Financial Regulations, see Statutory Rules 1965, No.  and see also Statutory Rules 1965, Nos.          .

4139/65.—Price 1s. 9/30.4.1965.

to the locality in which his family are residing, the fares of his family, and the cost of transporting so much of his family’s baggage as the Military Board approves, to and from the locality in which the member is serving may, subject to such conditions as the Military Board determines, be paid by the Department.”.

Repeal of regulations 104a, 105 and 105a.

2. Regulations 104a, 105 and 105a of the Military Financial Regulations are repealed.

Repeal of regulations 106a and 106b.

3. Regulations 106a and 106b of the Military Financial Regulations are repealed.

4. Regulation 109 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Removal in other circumstances.

“109.—(1.) Subject to this Division and to such conditions as the Military Board determines, a member may be removed at the expense of the Department in such circumstances, being circumstances other than circumstances specified in regulation 103, 104, 106, 107 or 108 of these Regulations, as the Military Board determines.

“(2.) The conditions determined by the Military Board for the purposes of the last preceding sub-regulation may include a condition that, in specified circumstances, the member shall be liable to pay a part of the expenses of the removal, being a part ascertained in accordance with a specified method.”.

Education allowance.

5.—(1.) Regulation 123 of the Military Financial Regulations is amended—

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

“(1.) Where a member has been removed at the expense of the Department under Division 11 of this Part and, as a result of that removal, the member arranges for his child to receive full time education at a recognized secondary school in the locality from which he was so removed, an allowance, called ‘education allowance’, is payable to the member, subject to this regulation and to such conditions as the Military Board determines, in respect of the attendance of the child at the school.

“(1a.) The amount of education allowance payable to a member in respect of the attendance of his child at a school is—

(a) for each complete school year or for a part of a school year for which the child attends the school as a boarder—such amount, not exceeding Four hundred and thirty pounds, as the Military Board considers reasonable having regard to the expenses incurred by the member in respect of or incidental to the attendance of the child at the school during the period and the other circumstances of the particular case;

(b)for each complete school term that the child attends the school otherwise than as a boarder—an amount of Seventy-three pounds six shillings and eightpence; or

(c) for a period less than a complete school term that the child attends the school otherwise than as a boarder—such amount, not exceeding Seventy-three pounds six shillings and eightpence, as the Military Board considers reasonable having regard to the circumstances of the particular case.

“(1b.) Subject to the next succeeding sub-regulation, education allowance ceases to be payable to a member in respect of the attendance of his child at a school upon the member taking up duty, or his family taking up residence, in the locality in which the school is situated.

“(1c.) Where—

(a)education allowance is payable to a member in respect of the attendance of his child at a school as a boarder:

(b)the member takes up duty in the locality in which the school is situated after the commencement of a school year; and

(c) the child continues to attend the school as a boarder after the member so takes up duty,

education allowance continues to be payable to the member in respect of the attendance of the child at the school until the child ceases to attend the school as a boarder or until the end of that school year, whichever first occurs.”; and

(b)by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Where—

(a)education allowance is payable in respect of the attendance of a child at a school; and

(b) the child attains the age of eighteen years after the commencement of a school year but before the end of that school year,

the child shall, for the purposes of this regulation, be deemed to be under the age of eighteen years during the whole of that school year.”.

(2.) Education allowance is payable in accordance with the provisions of regulation 123 of the Military Financial Regulations as amended by the last preceding sub-regulation in respect of the attendance of a child at a school on and after the third day of September, 1964.

6.—(1.) Regulation 151 of the Military Financial Regulations is repealed and the following regulations are inserted in its stead:—

Child education allowance.

“151.—(1.) Where a married member is posted oversea on long term duty and the member arranges for his child to receive full time education—

(a) if the member is posted to a country other than the United Kingdom—in the United Kingdom or in Australia; or

(b) in any other case—in Australia,

an allowance, called ‘child education allowance’, payable to the member, subject to this regulation and to such conditions as the Military Board determines, in respect of the attendance of the child at the school.

“(2.) The amount of child education allowance payable to a member in respect of the attendance of his child at a school is—

(a) for each complete school year or for a part of a school year for which the child attends the school as a boarder—such amount, not exceeding Four hundred and thirty pounds, as the Military Board considers reasonable having regard to the expenses incurred by the member in respect of or incidental to the attendance of the child at the school during the period and the other circumstances of the particular case;

(b) for each complete school term that the child attends the school otherwise than as a boarder—an amount of Seventy-three pounds six shillings and eightpence; or

(c) for a period less than a complete school term that the child attends the school otherwise than as a boarder—such amount, not exceeding Seventy-three pounds six shillings and eight pence, as the Military Board considers reasonable having regard to the circumstances of the particular case.

“(3.) Subject to the next succeeding sub-regulation, child education allowance is not payable in respect of—

(a)the child of a member who is a widower or is living separately and apart from his wife—unless the child was being voluntarily maintained by the member in his own home before the member travelled oversea or the Military Board approves payment of the allowance;

(b)the child of any other member—unless his wife accompanies him to the country to which he is posted oversea;

(c) a child who has not attained the age of nine years;

(d)a child who has attained the age of eighteen years; or

(e) a child who is qualified for admission as a student at a university or has passed an examination approved by the Military Board for the purpose of this paragraph.

“(4.) Where—

(a) child education allowance is payable in respect of the attendance of a child at a school; and

(b)the child attains the age of eighteen years after the commencement of a school year but before the end of that school year,

the child shall, for the purposes of this regulation, be deemed to be under the age of eighteen years during the whole of that school year.

“(5.) Subject to the next succeeding sub-regulation, child education allowance ceases to be payable to a member in respect of the attendance of his child at a school upon the member taking up duty, or his family taking up residence, in the locality in which the school is situated.

“(6.) Where—

(a) child education allowance is payable to a member in respect of the attendance of his child at a school as a boarder;

(b)the member takes up duty in Australia after the commencement of a school year; and

(c) the child continues to attend the school as a boarder after the member takes up duty in Australia,

child education allowance continues to be payable to the member in respect of the attendance of the child at the school until the child ceases to attend the school as a boarder or until the end of that school year, whichever first occurs.

Fares of child attending school in another country.

“151aa.—(1.) Where—

(a) a member is serving in an oversea country;

(b) the member has arranged for his child to undertake or continue full time education at a school in Australia or the United Kingdom; and

(c) an allowance in respect of the education of the child at the school will be or is payable under the last preceding regulation,

passages for the child between the place at which the member is serving and the place at which the child is to be or is being educated may, on such occasions and subject to such conditions as the Military Board determines, be provided by the Department.

“(2.) Where—

(a) the child of a member is being educated in such circumstances that a passage for the child would, on an appropriate occasion, be provided under the last preceding sub-regulation; and

(b)the member or his wife travels, otherwise than at the expense of the Department, to the place at which the child is being educated,

an amount equal to—

(c) the amount of the expenses incurred by the member in respect of his or his wife’s travel to that place and back to the place at which he is serving; or

(d)the amount of the cost that would have been incurred by the Department if passages for the child between those places had been provided by the Department,

whichever is the less, may with the approval of the Military Board, be paid to the member in respect of the travel.

“(3.) Whenever payment is made to a member in relation to a child under the last preceding sub-regulation, the child ceases, on one occasion, to be eligible for the provision of passages from the place at which the child is being educated to the place at which the member is serving and back to that first-mentioned place under sub-regulation (1.) of this regulation.”.

(2.) Child education allowance is payable in respect of a child attending a school as a boarder as if the amendments of the Military Financial Regulations effected by the last preceding sub-regulation had come into operation on the third day of September, 1964.

(3.) Regulation 151aa inserted in the Military Financial Regulations by sub-regulation (1.) of this regulation applies in relation to a child as if it had come into operation on the third day of September, 1964.

Retention of lodgings allowance–P.M.F.

7. Regulation 227 of the Military Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Where—

(a)a member, other than a married member in receipt of living out allowance under regulation 223 of these Regulations, is absent from his lodgings—

(i) while accommodated in hospital; or

(ii) while required, for service reasons, to live in at his normal place of duty; or

(b) a married member in receipt of an allowance under the last preceding regulation is absent from his lodgings—

(i) while accommodated in hospital; or

(ii) while on temporary duty at a place other than his normal place of duty,

and the member pays for the retention of his lodgings for the period of that absence, retention of lodgings allowance is payable to the member in respect of the period of that absence or thirty consecutive days, whichever is the less.”.

First Schedule.

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

(a) by inserting after the word and figures—

“Regulation 75”

the word and figures—

“Regulation 75a.”;

(b) by omitting the words and figures—

“Regulation 104a.

Regulation 105.

Sub-regulation (1.) of Regulation 105a.”; and

(c) by omitting the words and figures—

“Sub-regulation (1.) of Regulation 151.”

and inserting in their stead the words and figures—

“Regulation 151.

Regulation 151aa.”.

 

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