National Security (Military Forces) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 252.

 

Regulations UNDER THE NATIONAL SECURITY ACT 1939–1943.*

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 National Security Act 1939–1943.

Dated this Twenty-ninth day of September, 1943.

(SGD.) Gowrie

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Military Forces) Regulations.

1. The National Security (Military Forces) Regulations are amended by inserting after regulation 1 the following regulations:—

Administration.

“1a. These Regulations shall be administered by the Minister of State for the Army.

Interpretation.

“1b. Unless the contrary intention appears, expressions used in these Regulations shall have the same meaning as in the Defence Act 1903-1941 or in that Act as subsequently amended.

Powers of certain military officers.

2. Regulation 10a of the National Security (Military Forces) Regulations is amended by omitting from sub-regulation (3.) the word “three” (wherever occurring) and inserting in its stead the word “six”.

3. The National Security (Military Forces) Regulations are amended by adding at the end thereof the following regulations:—

Supernumerary List of Officers.

“ .—(1.) This regulation shall apply to any officer of the Permanent Military Forces—

(a) who is a contributor for units of pensions in accordance with the provisions of Part IVa. of the Superannuation Act 1922-1943;

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1941, No. 1, as amended by Statutory Rules 1941, Nos. 10, 202, 294 and 295; 1942, Nos. 24, 42, 104, 135, 156, 187, 240, 277, 341, 491 and 492; and 1943, No. 207.

7124.—Price 3d. 24/31.8.1943.

(b)whose age for retirement under sub-regulation (1.) of regulation 124 of the Australian Military Regulations is 60 years or over; and

(c) who, in pursuance of regulation 108 of the Australian Military Regulations, is placed on a supernumerary list pending retirement from his corps.

“(2.) For the purpose of calculating the furlough or leave to which an officer to whom this regulation applies is eligible under regulation 478 or regulation 479 of the Australian Military Regulations, the date upon which the officer is placed on the supernumerary list shall be deemed to be the date of his attaining the age for retirement, and the officer shall be granted, as from the firstmentioned date, any furlough or leave for which he is eligible under whichever of those regulations is applicable to him and this regulation.

“(3.) Subject to the approval of the Treasurer, an officer to whom this regulation applies shall, as from the date of his being placed on the supernumerary list, or, if he is granted furlough or leave in pursuance of sub-regulation (2.) of this regulation, from the expiration of that furlough or leave, be entitled to half the rates of active and deferred pay from time to time specified for an officer of his rank in columns 3 and 4 of the First Schedule of the War Financial (Military Forces) Regulations and, in addition, so much of such dependants’ and other allowances prescribed by those Regulations as the Minister, with the concurrence of the Treasurer, from time to time determines, until he attains the age for compulsory retirement or the age of sixty years, or until the expiration of a period of two years, whichever first occurs.

“(4.) Subject to the approval of the Treasurer, an officer who has been in receipt of half pay for two years in accordance with the last preceding sub-regulation shall, from the date of the expiration of that period until he reaches the age for compulsory retirement prescribed for an officer of his rank by sub-regulation (1.) of regulation 124 of the Australian Military Regulations, or the age of sixty years (whichever first occurs), be paid at a rate equivalent to the total of the rate of pension to which, under the Superannuation, Act 1922-1943, he will be entitled on retirement and the rate of his contributions under that Act.

“(5.) The provisions of regulation 211 of the Australian Military Regulations shall not apply to an officer to whom this regulation applies, but, if, while he is receiving the payments prescribed under either sub-regulation (3.) or sub-regulation (4.) of this regulation, he is employed in any other office or employment under the Commonwealth, the remuneration payable to him in respect of that other office or employment shall not exceed a rate which when added to the rate of payment to which he is entitled under sub-regulation (3.) or sub-regulation (4.) of this regulation, as the case may be, is equal to the rate of military pay and allowances to which he would be entitled if he were on furlough.”

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.