Naval Financial Regulations (Amendment) (Cth)

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Statutory Rules

1976 No. 12

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1975.*

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1975.

Dated this twentieth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

Amendments of the Naval Financial Regulations 

Amendment declared to be relevant amendments for the purposes of regulation 17 of the Defence Force (Reserves) (Financial) Regulations.

1. The amendments effected by these Regulations are declared to be the relevant amendments of the Naval Financial Regulations for the purposes of regulation 17 of the Defence Force (Reserves) (Financial) Regulations.

Application of Regulations to members on loan from other naval forces.

2. Regulation 5 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation. (1) the words “ Royal Navy or Royal New Zealand Navy ” and substituting the words “ naval forces of a country other than Australia ”; and

(b) by omitting sub-regulations (2), (3) and (4).

3. After regulation 5 of the Naval Financial Regulations, the following regulation is inserted:—

Payment of allowances to certain officers.

“ 5a. An officer who—

(a) holds a rank specified in Schedule 1 to the Defence Force (Salaries) Regulations or a higher rank; or

(b) being a medical officer or dental officer within the meaning of those Regulations, holds the rank of Commander or a higher rank,

is not entitled to be paid an allowance under Division 1 or 1b of Part II or under Part IX unless express provision is made for the allowance to be paid to the officer.”.

* Notified in the Australian Government Gazette on 30 January 1976.

  Statutory Rules 1956, No, 88, as amended to date. For previous amendments of the Naval Financial Regulations see footnote   to Statutory Rules 1976, No. 4 and see also Statutory Rules 1976, No. 4.

4. Regulations 9, 10, 12, 13, 15, 15a and 16 of the Naval Financial Regulations are repealed and the following regulation substituted:—

Rates of Salary payable to certain officers.

“ 9.(1) Where—

(a) an officer of the Special Duties List becomes an officer of the General List; and

(b) the rate of salary payable to him immediately before he became an officer of the General List is higher than the rate of salary that would, but for this sub-regulation, be payable to him,

the rate of salary payable to that officer is that higher rate.

“ (2) Where the rate of salary that would, but for this sub-regulation, be payable to an officer who—

(a) is included in the class of members the description of which is specified in the heading to Schedule 2, 3 or 4 of the Defence Force (Salaries) Regulations; and

(b) was a sailor immediately before he became an officer,

is less than the sum of the rates at which—

(c) salary; and

(d) any allowance under regulation 40,

was payable to the officer immediately before he became an officer, the rate of salary payable to that officer shall be a rate equal to the sum of the rates at which salary and any allowance under regulation 40 were so payable to the member.

“ (3) Where a member—

(a) is included in the class of members the description of which is specified in the heading to Schedule 2 or 3 of the Defence Force (Salaries) Regulations; and

(b) was, immediately before he was included in that class of members, paid salary at a rate fixed in accordance with sub-regulation 9 (2) or (3) of those Regulations,

and that rate, less the rate at which service allowance was payable to him immediately before he became a member to whom sub-regulation 9(2) or (3) of those Regulations applied, is higher than the rate of salary that would, but for this sub-regulation, be payable to him, the member shall be paid salary at a rate equal to the rate of salary referred to in paragraph (b) less the rate at which service allowance was payable to him immediately before he became a member to whom sub-regulation 9 (2) or (3) of those Regulations applied.”.

Salary of sailors holding the rank of Leading Seaman or a lower rank.

5. Regulation 31 of the Naval Financial Regulations is amended by omitting sub-regulations (1), (1a), (2), (2a) and (3) and substituting the following sub-regulations:—

“ (1) The rate of salary payable to a sailor who, immediately before the repeal of regulation 31b—

(a) was serving in the Naval Police;

(b) held the rank of Constable; and

(c) was paid active pay in accordance with the scale of rates per day specified in the table in sub-regulation 31b (2) in relation to the rank of Constable,

and who has continued to hold the rank of Constable is, while he continues to hold that last-mentioned rank, the rate of salary payable, to a sailor who holds the rank of Senior Constable and who has, or is deemed to have, a period of service in that rank equal to the sum of—

(d) a period equal to the sum of the period of 2 years and of the period in respect of which sub-regulation 31b (2) of these Regulations as in force before 18 April 1973 applied to the first-mentioned sailor;

(e) the period in respect of which sub-regulation (1a) of this regulation as in force immediately before the commencement of this sub-regulation applied to the first-mentioned sailor; and

(f) the period in respect of which this sub-regulation has applied to the first-mentioned sailor.

“ (2) Subject to sub-regulation (3), the rate payable to a sailor who, immediately before the repeal of regulation 31b—

(a) was serving in the Naval Police;

(b) held the rank of Constable; and

(c) was paid active pay in accordance with paragraph 31b (1) (b), and who—

(d) has continued to hold that rank;

(e) has not less than 2 years service in that rank; and

(f) has passed—

(i) while serving in another branch of the Naval Forces, the examination qualifying him for promotion to the rank of Petty Officer;

(ii) an examination conducted for the purposes of this sub-regulation; or

(iii) before the commencement of this sub-regulation, an examination corresponding to either of the above-mentioned examinations,

is, while he continues to hold the rank of Constable, the rate of salary payable to a sailor serving in the Naval Police who holds the rank of Senior Constable and who has, or is deemed to have, a period of service in that rank equal to the period of his service in the rank of Constable in respect of which this sub-regulation has applied to the first-mentioned sailor.

“ (3) Where a sailor passed the examination referred to in sub-paragraph (2) (f) (i) or (ii) and, subsequently, did not render continuous full-time service during a period of not less than 5 years, be shall be treated, for the purposes of sub-regulation (2), as if he had not passed that examination.

“ (3a) Where a sailor to whom sub-regulation (1) applies is promoted to the rank of Senior Constable, he shall be deemed, on the date of that promotion, to have served in that rank for a period equal to the sum of the periods in respect of which—

(a) a period equal to the sum of the period of 2 years and of the period in respect of which sub-regulation 31b (2) of these Regulations as in force before 18 April 1973 applied to him;

(b) the period in respect of which sub-regulation (1a) of this regulation as in force immediately before the commencement of this sub-regulation applied to him; and

(c) the period in respect of which sub-regulation (1) has applied to him.

“ (3b) Where a sailor to whom sub-regulation (2) applies is promoted to the rank of Senior Constable, he shall be deemed, on the date of that promotion, to have served in that rank for a period equal to the period of his service in the rank of Constable in respect of which sub-regulation (2) has applied to him.”.

Good conduct increments.

6. Regulation 38 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (2) the words “ daily rate of active pay of a man ” and substituting the words “ rate of salary of a sailor ”; and

(b) by omitting from sub-regulation (2) the words “ Fourteen cents ” (wherever occurring) and substituting the symbol and figures “ $52 ”.

7. After regulation 135b of the Naval Financial Regulations, the following regulation is inserted:—

Application of regulations 135, 135a and 135b to certain members.

“ 135c. In the application of regulations 135, 135a and 135b to and in relation to a member of—

(a) the Naval Emergency Reserve Forces; or

(b) the Citizen Naval Forces,

rendering continuous full-time service, a reference to the discharge of a sailor from the service shall be read as a reference to a sailor ceasing to render continuous full-time service.”.

Courses of study.

8. Regulation 149 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (4) all words from and including the words “ active pay ” and substituting the words “ salary and allowances payable to him in respect of his service during that period, whichever is the less.”;

(b) by omitting from sub-regulation (5) the word “ pay ” and substituting the word “ salary ”; and

(c) by omitting from sub-regulation (5) the words “ under these Regulations ” and substituting the words “ in respect of his service ”.

Repeal of Division of 1 Part VII.

9. (1) Division 1 of Part VII of the Naval Financial Regulations is repealed.

(2) Where, immediately before the commencement of sub-regulation (1), an amount stood to the credit of a member in his deferred pay account, that account shall continue in existence by virtue of this sub-regulation until closed in accordance with sub-regulation (4).

(3) Interest shall be credited to a deferred pay account continued in existence by virtue of sub-regulation (2), and payments shall be made from that account, as if the repeal effected by sub-regulation (1) had not been so effected.

(4) Where the deferred pay account of a member is continued in existence by virtue of sub-regulation (2), that account shall be closed when payment of the amount (including interest) accumulated to the member’s credit is made in full.

Outfit allowance.

10. Regulation 168 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1) the word “ officer ” (first occurring) and substituting the words “ officer of the Permanent Naval Forces ”;

(b) by omitting from sub-regulation (1) the word “ officer ” (last occurring) and substituting the words “ officer of those Forces ”;

(c) by omitting from sub-regulation (2) the word “ member ” and substituting the words “ member of the Permanent Naval Forces ”;

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

“ (2a) Where a member of the Royal Australian Naval Nursing Service or the Women’s Royal Australian Naval Service completes 2 week’s training fallowing her appointment to or enlistment in that service an allowance, called ‘ outfit allowance ’, is payable to her.”; and

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

“ (4) In this regulation, a reference to a member shall be read as including a reference to a member to whom regulation 5a applies.”.

11. After regulation 250b of the Naval Financial Regulations the following regulation is inserted:—

Application of regulations 250a and 250b to Naval Emergency Reserve Forces.

“ 250ba. In the application of regulations 250a and 250b to and in relation to a member of the Naval Emergency Reserve Forces or the Citizen Naval Forces who is rendering continuous full-time service, a reference to the termination of the service of the member shall be read as a reference to the member ceasing to render continuous full-time service.”.

Gratuity in respect of continuous full-time service.

12. Regulation 291a of the Naval Financial Regulations is amended by omitting paragraphs (a), (b), (c) and (d) and substituting the following paragraphs:—

“ (a) if the member is a male medical officer—$500 per annum;

(b) if the member is a male dental officer—$250 per annum;

(c) if the member is a male officer other than a medical officer or a dental officer—$100 per annum;

(d) if the member is a female officer—$50 per annum;

(e) if the member is a male member other than an officer—$40 per annum; or

(f) if the member is a female member other than an officer—$30 per annum.”.

Medical officer granted leave to study.

13. Regulation 305 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ active pay ” and substituting the word “ salary ”;

(b) by inserting after the words “ these Regulations ” in sub-regulation (1) the words “ or any other regulations made under the Act or under the Act and any other Act or Acts ”;

(c) by omitting from sub-regulation (1A) the words “ active pay ” and substituting the word “ salary ”;

(d) by inserting after the words “ these Regulations ” in sub-regulation (1a) the words “ or under any other regulations made under the Act or tinder the Act and any other Act or Acts ”;

(e) by omitting from sub-regulation (2) the word “ pay ” and substituting the word “ salary ”; and

(f) by omitting from sub-regulation (2) the words “ under these Regulations ” and substituting the words “ in respect of his service ”.

Further amendments.

14. The Naval Financial Regulations are amended as set out in the Schedule.

SCHEDULE Regulation 14

Provision

Amendment

Regulation 3 ..................

Repeal.

Sub-regulation 4 (1) .......

Omit the definitions of “ Apprentice ” and “ Australia ”, substitute the following definition:—

“ ‘ Australia ’ includes the Territories; ”.

Omit the definitions of “ child ” and “ court order allotment ”.

Omit from the definition of “ detached duty ” the words “ appointed or drafted ”, substitute “ posted ”.

Omit the definitions of “ engage ”, “ full rate ” and “ home ”.

Omit from the definition of “ intended ” the words “ an appointment, draft or transfer,”, substitute “ a posting ”.

  • Omit the definitions of “ man

     ”, “married member ”, “ member ” and “ officer ”, substitute the following definitions:—

  • “ ‘ married member

     ’ means a category M member or an category MS member;

‘member ’ means a member of the Permanent Naval Forces and includes any member of the Naval Forces rendering continuous full-time service;

‘ officer ’ means a member who is an officer; ”.

Omit the definitions of “ pay seniority ”, “ qualifying allotment ”, “ rating ”, “ re-engage ” and “ re-enter ”.

Omit the definition of “ relative rating ”, substitute the following-definition:—

“ ‘ reserve member ’ means a member of the Naval Forces, other than—

(a) a member of the Permanent Naval Forces; or

  • (b) a member of the Naval Forces rendering continuous-full-time

     service; ”,

Omit the definition of “ separation ”, substitute the following definition:—

“ ‘ sailor ’ means a member other than an officer; ”.

Omit the definition of “ subordinate officer ”.

Omit from the definition of “ the Department ” the words “ the Navy ”, substitute “ Defence ”,

Omit from the definition of “ the Service ” the word “ Permanent ”.

Omit the definition of “ Topmen’s Training Scheme ”.

Sub-regulation 4 (5)........

Omit, substitute the following sub-regulations:—

“ (5) In these Regulations, the expressions ‘ category M member ’, ‘ category MS member ’, ‘ category O member ’ ‘ child ’, ‘ de facto wife ’, ‘ dependant ’ and ‘ home ’ have the same respective meanings as in the Defence Force (Salaries) Regulations.

“ (6) In these Regulations, a reference to a member other than a married member shall be read as a reference to a category O member.

“ (7) In these Regulations, a reference to the wife of a member shall be read as including a reference to a de facto wife of the member.

“ (8) Inthese Regulations, a reference, however expressed, to the Naval Forces of a country other than Australia shall be read as a reference to that part of the defence forces of the country responsible for the naval defence of that country.

“ (9) In any regulation made under the Act, a reference to an officer entitled to be paid salary at a consolidated rate shall be read as a reference to a member referred to in regulation 5a of the Naval Financial Regulations as amended by these Regulations.”.

Regulation 7...................

Omit from sub-regulation (1) “ an officer or a man of pay and allowances under these Regulations ”, substitute “ a member of the Permanent Naval Forces of salary and allowances ”

 

Schedule—continued

Provision

Amendment

Regulation 7—continued

Omit from sub-regulation (2) “ pay and allowances of a man ”, substitute “ salary and allowances of a sailor of the Permanent Naval Forces ”.

Omit from sub-regulation (2) “ duty ”, substitute “ duty in the Permanent Naval Forces ”.

Add at the end thereof the following sub-regulation:—

“ (2a) The credit to a member of the Naval Emergency Reserve Forces or the Citizen Naval Forces rendering continuous full-time service of salary and allowances—

(a) commences on the day on which he commences to render that service; and

(b) ceases at the end of the day upon which he is released from that service.”.

Regulation 7a.................

Repeal.

Regulation 8 ..................

Omit “ Seniority for the purpose of pay shall ”, substitute:—

“ Service—

(a) in relation to a member—for the purpose of salary; and

(b) in relation to a reserve member—for the purpose of pay. shall ”.

Heading to Part II ...........

Omit, substitute the following heading:—

“ Part II—Salary and Allowances.”.

Heading to Division 1 of Part II

Omit, substitute the following heading:—

Division 1—Salary and Allowances—Officers ”.

Regulation 18 (1) ...........

Omit from the table items 1, 2and 3, substitute the following items:—

“ 1. Commodore, or Captain, posted in command of a large ship, a group of large ships or a destroyer squadron .. .. .. 2.00

“ 2. Commodore, or Captain, posted in command of a ship or a group of ships, not being an appointment of a kind referred to in item 1 .. 1.40 ”.

Sub-regulation 21 (1)......

Omit “ or rank and pay seniority ”.

Omit from the table “ large ship or a group of large ships in respect of which command money is payable under sub-regulation (1) of regulation 18 of these Regulations ”, substitute “ major war vessel or a group of major war vessels, being vessels in commission, in respect of which command money is payable under sub-regulation 18 (1) ”.

Sub-regulation 21 (5).......

Omit.

Sub-regulation 21 (7).......

Omit.

Sub-regulation 23 (1).......

Omit “ Flag Officer-in-Charge, East Australian Area ”, substitute “ Flag Officer Commanding, East Australia Area ”.

Sub-regulation 23 (2) ......

Omit.

Regulation 25 .................

Repeal.

Regulation 26 .................

Repeal.

Regulation 27 .................

Repeal.

Heading to Division 2 of Pan II

Omit.

Regulation 29 .................

Repeal.

Regulation 30 .................

Omit “ active pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ to a Cadet Midshipman ”.

Heading to Part III ..........

Omit.

Heading to Division 1 of Part III

Omit, substitute the following heading:—

Division 1a—Salary and Allowances—Sailors ”.

Sub-regulation 31 (4).......

Omit “ men”(wherever occurring), substitute “ sailors ”.

  • Omit “ rating ” (wherever occurring), substitute “ rank

     ”.

Sub-regulation 31 (5).....

Omit “ men holding a rating ”, substitute “ sailors holding a rank ”.

Omit “ in the Fifth Schedule to these Regulations ”, substitute “ in Part I of Schedule 7 or Part I of Schedule 8 to the Defence Force (Salaries) Regulations ”.

Omit “ that Schedule ”, substitute “ those Schedules ”.

Sub-regulation 31 (6) ....

Omit “ men ” (wherever occurring), substitute “ sailors ”.

Sub-regulation 31 (7).....

Omit.

Sub-regulation 31 (8) ....

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Omit from paragraph (b) “ rating for men ”, substitute “ rank for sailors ”.

Schedule—continued

Provision

Amendment

Sub-regulation 31 (8)—

Omit “ active pay ” (wherever occurring), substitute “ salary ”.

continued

Omit “ the rating of ”, substitute “ the rant of ”.

Sub-regulation 31a (1) ....

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Omit paragraph (b).

Omit paragraph (d), substitute the following paragraph:—

“ (d) ‘ the prescribed table ’ means—

(i) in relation to a male member—whichever of Part II or Part III of Schedule 7 to the Defence Force (Salaries) Regulations is applicable to the member; and

(ii) in relation to a female member—whichever of Part II or Part III of Schedule 8 to the Defence Force (Salaries) Regulations is applicable to the member.”.

Sub-regulation 31a (2) ..

Omit.

Sub-regulation 31a (2a)

Omit.

Sub-regulation 31a (3) ..

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Omit “ men ” (wherever occurring), substitute “ sailors ”.

Omit “ per day at which active pay is payable to him is, subject to regulation 32 of these Regulations ”, substitute “ at which salary is payable to him is ”.

Omit paragraph (a).

Omit from paragraph (b) “ in the paragraph (in the second column) of item 4 in the prescribed table ”, substitute “ in the prescribed table in relation to the period of service in that rank ”.

Add at the end of paragraph (b) “ or ”.

Omit paragraph (c).

Omit from paragraph (d) “ active pay ” (wherever occurring), substitute “ salary ”.

Omit from paragraph (d) “ in a paragraph (in the second column) of the item ”.

Omit from paragraph (d) “ specified in that paragraph of that item ”, substitute “ so specified ”.

Sub-regulation 31a (4) ....

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Omit “ rating ”, substitute “ rank ”.

Omit “ in an item (in the first column) ”.

Omit “ active pay ” (wherever occurring), substitute “ salary ”.

Omit “ of this regulation and to regulation 32 of these Regulations ”.

Omit paragraph (a), substitute the following paragraph:—

“ (a) the lowest rate specified in relation to that rank in the prescribed table; or ”

Omit from paragraph (b) “ a rate specified in another paragraph (in the second column) of the item ”, substitute “ another rate specified in relation to that rank ”.

Sub-regulation 31a (5) ....

Omit “ men ” (wherever occurring), substitute “ sailors ”.

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Sub-regulation 31a (6) ....

Omit “ man ”(wherever occurring), substitute “ sailor ”.

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Omit “ active pay ” (wherever occurring), substitute “ salary ”.

Omit “ in paragraph (a) (in the second column) of item 1 in the prescribed table ”, substitute “ in the prescribed table in relation to a sailor who holds the rank of Warrant Officer and has less than one year’s service in that rank ”.

Sub-regulation 31a (7) ....

Omit, substitute the following sub-regulation:—

  •  (7) For the purposes of this regulation, and of regulation 32, a member of the Naval Emergency Reserve Forces or of the Citizen Naval Forces who commences to render continuous full-time service shall be deemed to have enlisted in the Permanent Naval Forces on the day on which he commences to render that service.”.

Sub-regulation 31a (8) ..

Omit.

Sub-regulation 31a (9) ..

Omit.

Sub-regulation 31a (10)

Omit.

Sub-regulation 31a (11)

Omit.

 

Schedule—continued

Provision

Amendment

Sub-regulation 31a (12)

Omit.

Sub-regulation 31a (13)

Omit “ man ”, substitute “ sailor ”.

Omit “ rating ”, substitute “ rank ”.

Omit “ active pay ” (wherever occurring), substitute “ salary ”.

Sub-regulation 32 (1) ....

Omit substitute the following sub-regulation:—

“ (1) In this regulation, ‘ prescribed table ’ has the same meaning as in regulation 31a.”.

Sub-regulation 32 (2) ....

Omit.

Sub-regulation 32 (3) ....

Omit.

Sub-regulation 32 (4) ....  

Omit all words before and including “ (in the second column) ”, substitute “ Where a person enlists in the Permanent Naval Forces with, or a member is promoted to, a rank specified in the prescribed table ”.

Omit all words from and including “ man ” (second occurring) to and including “ so enlists,”, substitute “ person or member as the ease requires, is ”.

Omit “ to be in receipt of active pay at that rate ”, substitute “ to have served in that rank ”.

Omit all words after “ months ”, substitute “ for the purposes of his service for the purpose of salary ”.

Sub-regulation 32 (5) ....

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Sub-regulation 32 (6) ....

Omit.

Sub-regulation 32 (7) ....

Omit.

Sub-regulation 32a (1) ..

Omit, substitute the following sub-regulation:—

“ (1) Where a sailor is reduced or reverted to a lower rank, being a rank specified in the prescribed table, the rate at which salary is payable to the sailor is the rate at which salary would be payable to him if he had, on the day on which he isso reduced or reverted, enlisted in the Permanent Naval Forces with that rank.”.

Sub-regulation 32a (2) ..

Omit “ (4), (7) or (10) of regulation 31a of these Regulations ”, substitute “ 31a (4) ”.

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Omit “ to whom the last preceding sub-regulation applies ”, substitute “ referred to in sub-regulation (1) ”.

Sub-regulation 32a (3) ..

Omit, substitute the following sub-regulation:—

“ (3) In this regulation, ‘ prescribed day ’ and ‘ prescribed table ’ have the same respective meanings as in regulation 31a.”.

Regulation 33 ...............

Repeal.

Sub-regulation 38 (1) ....

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Omit “ serving in the Naval Police who is paid active pay in accordance with sub-regulation (1a) of regulation 31 ”, substitute “ to whom sub-regulation 31 (1) or (2) applies ”.

Regulation 39 ...............

Repeal.

Regulation 40 ...............

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Regulation 73 ...............

Omit “ man ” substitute “ sailor ”.

Regulation 76 ...............

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Sub-regulation 76a (1) ..

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Omit “ drafted ” (wherever occurring), substitute “ posted ”.

Sub-regulation 76a (2) ..

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Regulation 77 ...............

Repeal.

Heading to Division 2 of Part III

Omit.

Regulation 79 ...............

Repeal.

Heading to Part IV ........

Omit.

Heading to Division 1 of Part IV

Omit, substitute the following heading:—

Division 1b—Living Out and Related Allowances.

Regulation 80 ...............

Repeal.

Regulation 81 ...............

Repeal.

Regulation 82 ...............

Repeal.

Regulation 83 ...............

Repeal.

Regulation 84 ...............

Repeal.

Regulation 87 ...............

Repeal.

Sub-regulation 88a (1) ..

Omit “ active pay ”, substitute “ salary ”.

 

Schedule—continued

Provision

Amendment

Sub-regulation 88a (3) ..

Omit “ active pay ”, substitute “ salary ”.

Sub-regulation 88a (4) ..

Omit “ active pay ” (wherever occurring), substitute “ salary ”.

Regulation 89 ...............

Repeal.

Regulation 90 ...............

Repeal.

Regulation 90a .............

Omit “ active pay ” (wherever occurring), substitute “ salary ”.

Omit all words from and including “ marriage allowance ”, substitute “ an allowance at the rate of $1.95 per day is payable in respect of the dependants of the member ”.

Add at the end thereof the following sub-regulation:—

“ (2) In this regulation, ‘ member ’ means a member who is a category M member or a category MS member.”.

Sub-regulation 91 (1) ....

Omit “ to a member ”, substitute “ in respect of the dependants of a member ”.

Sub-regulation 91 (2) ....

Omit all words from and including “ shall not exceed ”, substitute “ shall be at the rate of $1.95 per day ”.

Sub-regulation 91 (3) ....

Omit, substitute the following sub-regulation:—

“ (3) In this regulation, ‘ member ’ means a member who is a category M member or a category MS member.”.

Regulation 92 ...............

Repeal.

Regulation 92a .............

Repeal.

Sub-regulation 93 (1) ....

After “ member ” insert “ (including a member referred to in regulation 5a) ”.

Omit “ or rating ”.

Omit the table, substitute the following table:—

Rank

Rate per day where not supplied with service accommodation or victuals for a period of 72 consecutive hours or more

Rate per day where supplied with service accommodation but not victuals for a period of 72 consecutive hours or more

Rate per day where supplied with victuals but not service accommodation for a period of 72 consecutive hours or more

$

$

$

Rear Admiral, Commodore .........

4.25

1.61

3.42

Captain ................

3.33

1.61

2.34

Commander, Lieutenant-Commander .........

2.68

1.61

1.58

Lieutenant or Officer of lower rank .....................

2.42

1.61

1.26

Warrant Officer or lower rank ...........

2.15

1.61

0.94

Sub-regulation 93 (5) ....

Omit “ under Division 5 of Part X of these Regulations ”, substitute “ at the expense of Australia ”.

Sub-regulation 93 (6).....

Omit.

Sub-regulation 94 (1) ....

Omit.

Sub-regulation 94 (2) ....

Omit.

Sub-regulation 94 (3).....

Omit “ member ”, substitute “ married member ”,

Omit “ paid retention of lodgings allowance ”, substitute “ paid, subject to sub-regulation (5), an allowance, called ‘ retention of lodgings allowance ”.

Sub-regulation 94 (4) ....

Omit “ The allowance payable under this regulation ”, substitute “ Retention of lodgings allowance ”.

Omit paragraph (a).

Regulation 94a .............

Repeal.

Sub-regulation 95 (1) ....

Omit.

Sub-regulation 95 (2) ....

Omit.

Sub-regulation 95 (3) ....

Omit.

Sub-regulation 95 (4) ....

Omit “ or living out allowance ”.

Omit from paragraph (a) “, supplementary travelling allowance ”.

Omit from paragraph (d) “ or accommodation allowance ”.

 

Schedule—continued

Provision

Amendment

Sub-regulation 95 (5) ....

Omit.

Sub-regulation 95 (6) ....

Omit “ and separation allowance ”.

Sub-regulation 105 (I) ...

Omit “ appointed or drafted ”, substitute “ posted ”.

Sub-regulation 105 (2) ..

Omit “ appointed or drafted ” (wherever occurring), substitute “ posted ”.

Regulation 106 .............

Omit “ personnel of the Royal Australian Navy ”, substitute “ members of the Naval Forces ”.

Sub-regulation 107 (1) ..

Omit from the definition of “ isolated district ” the word “ Commonwealth ”, substitute “ Australian ”.

Sub-regulation 107 (4) ..

Omit “ appointed or drafted ” (wherever occurring), substitute “ posted ”.

Add at the end thereof “ or, while serving with a survey party in an isolated district, camps out in the course of his duty as a member of that party.”.

Sub-regulation 108 (1) ..

Omit “ appointed or drafted ” (wherever occurring), substitute “ posted ”.

Sub-regulation 109 (1) ..

Omit “ Fifteen ”, substitute “ 60 ”.

Sub-regulation 109 (3) ..

Omit “ man ”, substitute “ sailor ”.

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Omit from the table “ Rating ”, substitute “ Rank ”.

Omit from the table “ ratings ”, substitute “ sailors ”.

Paragraph 109 (4) (a) ....

Omit, substitute the following paragraph:—

“ (a) a sailor included in an engine-room or cook category;”.

Sub-regulation 109 (5) ..

Omit “ man ”, substitute “ sailor ”.

Omit “ rating ” (wherever occurring), substitute “ rank ”.

Sub-regulation 109 (6) ..

Omit “ man ”, substitute “ sailor ”.

Sub-regulation 109 (7) ..

Omit “ man ”, substitute “ sailor ”.

Sub-regulation 109 (8) ..

Omit “ man holding a cook rating ”, substitute “ sailor included in a cook category ”.

Paragraph 110 (1) (a) ....

Omit “ appointed or drafted ”, substitute “ posted ”.

Regulation 111 b ...........

Repeal.

Sub-regulation 113 (1) ..

Omit “ per day ”.

Sub-regulation 113 (2) ..

Omit “ per day ” (wherever occurring).

Omit “ active pay is payable to the member under these Regulations ”, substitute “ salary is payable to the member in respect of his service ”.

Omit “ the amount of ”.

Sub-regulation 113 (4) ..

Omit.

Sub-regulation 113 (5)...

Omit.

Sub-regulation 113 (6) ..

Omit.

Regulation 117 .............

Repeal.

Regulation 117b ...........

Repeal.

Regulation 117c ...........

Repeal.

Regulation 117d ...........

Repeal.

Regulation 117e ............

Repeal.

Regulation 119 .............

Repeal.

Regulation 119a ...........

Repeal.

Regulation 120 .............

Repeal.

Regulation 121 .............

Omit “ active pay at the rate provided for in sub-regulation (3) of regulation 9 of these Regulations ”, substitute “ salary at the rate provided for in sub-regulation 9 (2) of the Defence Force (Salaries) Regulations ”.

Paragraph 121a (1) (a) ..

Omit “ member ”, substitute “ male member ”.

Sub-regulation 122 (1)...

Omit, substitute the following sub-regulation:—

“ (1) In this regulation, a reference to a child shall be read as a reference to a child other than a child who—

(a) has attained 21 years of age; or

(b) is enrolled, or is eligible to be enrolled, for a course of study at a University that will lead to being admitted by the University to a degree.”.

Sub-regulation 122 (2) ..

Omit “ member ” (first, second and third occurring), substitute “ male member ”.

Sub-regulation 122 (4) ..

Omit “ under regulation 231 of these Regulations ”, substitute “ at the expense of Australia ”.

Sub-regulation 122 (5) ..

Omit “ the Department under regulation 231 of these Regulations ”, substitute “ Australia ”.

Sub-regulation 122a (1) .

After “ Branch ” insert”, being an officer in the Permanent Naval Forces,”.

   

Schedule—continued

Provision

Amendment

Sub-regulation 122a (4) ..

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 122b (1) ..

Omit “ appointment ” (wherever occurring), substitute “ posting ”.

Omit “ under these Regulations ”.

Sub-regulation 123 (2) ....

Omit “ The ”, substitute “ Without prejudice to the right of Australia to recover by other means, the ”.

Omit “ shall ”, substitute “ may ”.

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 124 (6) ....

Omit “ The ”, substitute “ Without prejudice to the right of Australia to recover by other means, the ”,

Omit “ shall ”, substitute “ may ”.

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Regulation 128................

Omit all words from and including “ active pay ” to and including “ Regulations ”, substitute “ salary and any allowance payable to him under regulation 40 ”.

Sub-regulation 129 (1) ..

Omit “ active pay, deferred pay ”, substitute “ salary ”.

Sub-regulation 129 (2) ..

After “ uniform ” in paragraph (a) insert “ maintenance ”.

Regulation 131 .............

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Regulation 132 .............

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 132a (3) .

Omit “ active pay ”, substitute “ salary ”.

Sub-regulation 133 (2) ..

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 133 (3) ..

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 135 (5) ..

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Sub-regulation 135 (6) ..

Omit “ man ” substitute “ sailor ”.

Sub-regulation 135a (1) .

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Sub-regulation 135a (2) .

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Regulation 136 .............

Omit all words from and including “ exceeding ”, substitute “ exceeding the salary payable under the Defence Force (Salaries) Regulations to a normal entry recruit during basic recruit training in respect of service for one day ”.

Regulation 142 (2) ........

  • Omit “ Permanent Naval Forces who ”, substitute “ Naval Forces who, while rendering service

     ”.

Regulation 147 .............

Repeal.

Regulation 148 .............

Repeal.

Heading to Part VII .......

Omit “ Deferred Pay,”.

Heading to Division 2 of Part VII

Omit.

Sub-regulation 159 (1) ..

Omit from paragraph (g) “ active pay ”, substitute “ salary ”.

Regulation 161 .............

Repeal.

Sub-regulation 162 (1) ..

Omit “ at the expense of ”, substitute “ by ”.

Sub-regulation 162 (3) ..

Omit “at the expense of”, substitute “by”.

Sub-regulation 163 (6) ..

Omit.

Sub-regulation 163 (7) ..

Omit.

Regulation 175 .............

Repeal.

Regulation 176 .............

Omit “ officers and men ”, substitute “ members ”.

Sub-regulation 177 (3) ..

Omit “ appointed or drafted ”, substitute “ posted ”.

Sub-regulation 177 (3)...

Omit “ who is in receipt of active pay at a consolidated rate ”, substitute “ referred to in regulation 5a ”.

Sub-regulation 177a (1) .

Omit from paragraph (a) “ an officer appointed ”, substitute “ a male officer posted ”.

Omit from paragraph (b) “ an officer appointed, or a rating drafted,”, substitute “ a male member posted ”.

Sub-regulation 177a (2) .

Omit “ Commonwealth ”, substitute “ Australian ”.

 

Schedule—continued

Provision

Amendment

Sub-regulation 177a (3) .

Omit “ who is in receipt of active pay at a consolidated rate ”, substitute “ referred to in regulation 5a ”.

Regulation 178 .............

Repeal.

Regulation 200 .............

Omit “ appointed or drafted ”, substitute “ posted ”.

Sub-regulation 201 (1)...

Omit “ or rating ” (wherever occurring).

Omit “ or any rating ”.

Sub-regulation 201 (6) ..

Omit “ or rating ” (wherever occurring).

Sub-regulation 203 (1) ..

Omit.

Sub-regulation 203 (2) ..

Omit.

Sub-regulation 203 (2a).

Omit, substitute the following sub-regulation:—

“ (2a) A member—

(a) who is a category M member or a category MS member to whom travelling allowance would, but for this sub-regulation, be payable under this Part lives in in service accommodation without charge to the member; or

(b) who is a category O member who lives in in service accommodation and is charged rations and quarters charge in accordance with regulation 19 of the Defence Force (Salaries) Regulations,

shall not be paid travelling allowance in accordance with the preceding provisions of this Part but shall be paid an allowance to cover incidental expenses at the rate applicable to the member under this regulation.”.

Sub-regulation 203 (6) ..

Omit “ or rating ” (wherever occurring).

Omit “ or any rating ”.

Regulation 206a ...........

Repeal.

Regulation 211 .............

Omit from sub-paragraph (a) (ii) “ under regulation 193 of these Regulations ”, substitute “ upon the termination of his service ”.

Omit from sub-paragraph (a) (iii) “ under that regulation ”, substitute “ upon the termination of his service ”.

Add at the end thereof the following sub-regulation:—

“ (2) In the application of sub-regulation (1) to a member of—

(a) the Naval Emergency Reserve Forces; or

(b) the Citizen Naval Forces,

rendering continuous full-time service, a reference to the termination of the service of a member shall be read as a reference to the member ceasing to render continuous full-time service.”.

Sub-regulation 230 (1) ..

Omit “ a member ”, substitute “ a male member ”.

Sub-regulation 230 (2) ..

Omit from paragraph (c) “ pay ”, substitute “ salary ”.

Omit from paragraph (c) “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 232 (1) ..

Omit the definition of “ child ”, substitute the following definition:—

“ ‘ member ’ means a male member;”.

Sub-regulation 244 (1) ..

After “ members ”, insert “ of the Naval Forces ”.

Sub-regulation 244 (2) ..

Omit all words before “ eligible ”, substitute “ A member of the Naval Forces who is on furlough or extended leave is not ”.

Sub-regulation 244 (3) ..

After “ member ” (first occurring), insert “ of the Naval Forces ”.

Sub-regulation 244 (4) ..

After “ member ”, insert “ of the Naval Forces ”.

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 245 (1) ..

After “ member ”, insert “ of the Naval Forces ”.

Sub-regulation 245 (2) ..

After “ member ”, insert “ of the Naval Forces ”.

Omit “ active pay ”, substitute “ salary ”.

Regulation 246 .............

Omit from the definition of “ pay ” all words from and including “ active pay ” to and including “ purpose of pay ”, substitute “ salary at such rate ”.

Omit the definition of “ service ”, substitute the following definition:—

“ service ” means—

(a) service in the Permanent Naval Forces; or

(b) continuous full-time service in the Naval Emergency Reserve Forces or in the Citizen Naval Forces.”.

 

Schedule—continued

Provision

Amendment

Sub-regulation 246a (2) ..

After “ in the Permanent Naval Forces ”, insert “ or commencing to render continuous full-time service in the Naval Emergency Reserve Forces or in the Citizen Naval Forces ”.

Omit “ served in any branch of the Defence Force, other than the Permanent Naval Forces ”, substitute “ rendered continuous full-time service in the Military Forces or the Air Force ”.

Sub-regulation 247 (4).....

Omit, substitute the following sub-regulation:—

“ (4) Where, immediately after the termination of his service in the Permanent Naval Forces, a member becomes a member of the Naval Emergency Reserve Forces or of the Citizen Naval Forces and immediately commences to render a period of continuous full-time service, his service in the Permanent Naval Forces shall be deemed not to be terminated until he ceases to render continuous full-time service.”.

Sub-regulation 248 (3) ....

Omit “ to which regulation 264 of these Regulations applies ”.

Sub-regulation 248 (4) ....

Omit “ man ” (wherever occurring), substitute “ sailor ”.

Sub-regulation 250c (3) ..

Omit “ under these Regulations in respect of the member’s service ”, substitute “ to the member in respect of his service ”.

Part XIV .........................

Repeal.

Regulation 263 ...............

Omit the definitions of “ man ”, “ member ” and “ officer ”, substitute the following definitions:—

“ member ” means a reserve member;

“ officer ” means a reserve member who is an officer;

“ sailor ” means a reserve member other than an officer;”.

Division 2 of Part XVI ....

Repeal.

Regulation 272 ...............

Repeal.

Regulation 274 ...............

Repeal, substitute the following regulation:—

“ 274, Except as expressly provided in this Part, where a member renders a period of naval service—

(a) if that period of naval service is of more than one day—the provisions referred to in Part I of Schedule 3; and

(b) if that period of naval service is of not more than one day—the provisions referred to in Part II of Schedule 3.

apply to that member in respect of that period of service as if, while rendering that period of naval service, he had been a member of the Permanent Naval Forces and had held the same rank in those Forces as he held during that period.”.

Regulation 275 ...............

Omit paragraphs (a), (b), (c) and (d).

Sub-regulation 276 (1) ....

Omit.

Sub-regulation 276 (2) ....

Omit.

Sub-regulation 276 (3) ....

Omit “ this regulation, naval ”, substitute “ pay, in the case of a member who renders a period of naval service of more than one day,”.

After “ time ” (wherever occurring), insert “ necessarily ”.

Add at the end thereof the following words:—

“ excluding the first day of the journey from his normal place of duty unless that journey necessarily commences before noon on that day.”.

Sub-regulation 276 (4) ....

Omit, substitute the following sub-regulation:—

“ (4) In this regulation, ‘ normal place of duty ’, in relation to a member, means the city or town in which he ordinarily resides.”.

Sub-regulation 277 (1) ....

Omit.

Sub-regulation 278 (1) ....

Omit “ credited with ”, substitute “ paid an allowance equal to ”.

Omit “ active ” (wherever occurring).

Sub-regulation 278 (2) ....

Omit “ credited with active pay under the last preceding sub-regulation ”, substitute “ paid an allowance under sub-regulation (1) ”.

Sub-regulation 279 (1) ....

Omit “ credited with active pay under this Division ”, substitute “ paid an allowance ”.

Sub-regulation 279 (2) ....

Omit “ Active pay in respect of religious ministrations shall be credited ”, substitute “ An allowance under sub-regulation (1) shall be paid ”.

 

Schedule—continued

Provision

Amendment

Sub-regulation 279 (3) ....

Omit “ credited with active pay under this regulation ”, substitute “ paid an allowance under sub-regulation (1) ”.

Omit “ credit of active pay under the last preceding regulation ”, substitute “ payment of an allowance under sub-regulation 278 (1) ”.

Regulation 281 ...............

Repeal.

Heading to Division 4 of Part XVI

Omit “ Grants, Retainers, Training ”.

Regulation 284 ...............

Repeal.

Regulation 286 ...............

Repeal.

Regulation 289 ...............

Omit “ efficiency grant,”.

Sub-regulation 295 (3) ....

Omit.

Sub-regulation 295 (6) ....

Omit “ or rating ”.

Regulation 296 ...............

Repeal.

Regulation 298 ...............

Repeal, substitute the following regulation:—

“ 298. In this Part—

‘ member ’ includes a reserve member;

‘ salary ’, in relation to a reserve member, means pay.”.

Sub-regulation 300 (1) ....

Omit “ shall ”, substitute “ may ”.

Omit “ pay ”, substitute “ salary ”.

Omit “ under these Regulations ”, substitute “ in respect of his service ”.

Sub-regulation 300 (2) ....

Omit “ active pay ”, substitute “ salary ”.

Regulation 302 ...............

Omit “ active pay ”, substitute “ salary ”.

Regulation 303 ...............

Omit “ pay ”, substitute “ salary ”.

After paragraph (b) insert the following paragraph:—

“ (ba) by any other regulations made under the Act or under the Act and any other Act or Acts;”.

Regulation 304 ...............

After “ these Regulations ” insert “, any other regulations made under the Act or under the Act and any other Act or Acts ”.

Omit “ pay ”, substitute “ salary ”.

Second Schedule ............

Omit—

“ Regulation 26.”.

Omit—

“ Paragraph (b) of sub-regulation (3) and sub-regulation (9) of regulation 31 a.”, substitute “ Paragraph (b) of sub-regulation (3) of regulation 31a.”.

Omit—

“ Sub-regulations (1) and (3) of regulation 39.”.

Omit—

“ Sub-regulations (1a) and (2) of regulation 84.”.

Omit—

“ Sub-regulation (2) of regulation 92a.”.

Omit—

“ Sub-regulation (2) of regulation 117.”.

Omit—

“ Sub-regulations (1) and (4) of regulation 120.”.

Omit—

“ Sub-regulation (5) of regulation 152.

Regulation 157.”.

Omit—

“ Regulation 206a.”.

Omit—

“ Paragraph (b) of sub-regulation (3) and sub-regulation (8) of regulation 253a.

Sub-regulation (1) and (2) of regulation 254.

Sub-regulation (3) of regulation 255.

Regulation 256.

Regulation 259G.”.

Omit—

“ Sub-regulation (2) of regulation. 270.”.

Omit—

“ Regulation 284.”.

Omit—

“ Sub-regulation (3) of regulation 295.”.

 

Schedule—continued

Provision

Amendment

Third Schedule ...............

Repeal, substitute the following Schedule:—

SCHEDULE 3  Regulation 274

CERTAIN PROVISIONS OF THE NAVAL FINANCIAL REGULATIONS APPLICABLE TO AND IN RELATION TO NAVAL SERVICE RENDERED BY RESERVE MEMBERS

 

Part I—Provisions Applicable to Naval service of

 More Than 1 Day

 

Regulation 18

Regulation 73

Regulation 90a

Regulation 91

Regulation 93

Regulation 94

Sub-regulation 95 (4)

Regulation 109

Part V

Part VI (other than regulations 134, 135, 135a, 135b, 135c, 136 and 149)

Part VIII

Regulation 176

Regulation 181

Regulation 182

Part X (other than Divisions 4 and 6)

 

Part II—Provisions Applicable to Naval Service of

Not More Than 1 Day

 

Regulation 132a

Regulation 142

Regulation 181

Regulation 182

Regulation 185

Regulation 196

Regulation 197

Regulation 211

Fourth Schedule .............

Repeal.

Fifth Schedule ................

Repeal.

Sixth Schedule ...............

Repeal.

Fourteenth Schedule........

Repeal.

Fifteenth Schedule ..........

Repeal.

Sixteenth Schedule .........

Repeal.

Eighteenth Schedule .......

Repeal.

Nineteenth Schedule .......

Repeal.

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