Naval Financial Regulations (Amendment) (Cth)
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910*
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the
Dated this twenty-third day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE NAVAL FINANCIAL REGULATIONS
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“ (1) In this regulation—
(a) a reference to a child shall be read as a reference to a child other than a child who—
(i) has attained 21 years of age; or
(ii) 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; and
(b) a reference to a secondary school is a reference to—
(i) a secondary school within the meaning of section 5 of the
Student Assistance Act 1973; or(ii) a school, other than a secondary school referred to in sub-paragraph (i),
* Notified in the
Statutory Rules 1956 No. 88 as
amended to date. For previous amendments
in respect of which there is in force a declaration by the Minister that the school is to be treated as a secondary school for the purposes of this regulation.”;
(b) by omitting from sub-regulation (2) “ Subject to sub-regulation (6), where ” and substituting “ Where ”;
(c) by omitting from sub-regulations (2), (2a) and (2b) “ recognized ” (wherever occurring);
(d) by omitting sub-regulations (3) to (3f) (inclusive) and substituting the following sub-regulations:
“ (3) The amount of education allowance payable to a member in respect of the attendance in a year of his child at a school is—
(a) where the child boards and resides at the secondary school at which he is undertaking his course of secondary education—the sum of the amount of boarding allowance ascertained in accordance with paragraph (3a) (a) and the amount of tuition allowance ascertained in accordance with sub-regulation (3b); and
(b) in any other case—the amount of boarding allowance ascertained in accordance with paragraph (3a) (b) or (c), as the case requires.
“ (3a) The amount of boarding allowance is—
(a) where the child boards and resides at the secondary school at which he is undertaking his course of secondary education—an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the
provision for the child of board and residence at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period in respect of which education allowance is not payable to the member or during which the secondary school is in vacation);
B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school is in vacation) in the year during which the child boards and resides at the secondary school; and
C is the number of weeks in the year during which tuition is given to secondary students at the secondary school;
(b) where the child boards and resides at a guesthouse, hostel or other commercial boarding establishment—an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence at the guest-house, hostel or other establishment (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation);
B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation) in the year during which the child boards and resides at the guest-house, hostel or other establishment; and
C is the number of weeks in the year during which tuition is given to secondary students at the school at which the child is enrolled; and
(c) where the child boards and resides, or resides, at a place other than a school or boarding establishment of a kind referred to in paragraph (a) or (b)—so much of the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence, or residence, at that place as does not exceed the amount in dollars calculated in accordance with the formula—
where—
B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation) in the year during which the child boards and resides, or resides, at the place; and
C is the number of weeks in the year during which tuition is given to secondary students at the school at which the child is enrolled.
“ (3b) The amount of tuition allowance is an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member, in the year in respect of the provision of tuition for the child at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of tuition provided during a period in respect of which education allowance is not payable to the member);
B is the number of weeks (not including any period in respect of which education allowance is not payable to the member) in the year during which the child receives tuition at the secondary school; and
C is the number of weeks in the year during which tuition is given to secondary students at the secondary school.
“ (3c) A reference in paragraph (3a) (a) to a child who boards and resides at the secondary school at which he is undertaking his course of secondary education includes a reference to a child who boards and resides at a hostel maintained by the school for the purpose of providing board and residence for children attending the school.”;
(e) by omitting sub-regulation (6) and substituting the following sub-regulations:
“ (6) Education allowance payable in accordance with this regulation may be paid in 3 instalments, each instalment being—
(a) payable at the end of a school term; and
(b) in respect of each of the first 2 instalments—an amount that does not exceed the prescribed amount.
“ (7) For the purposes of paragraph (6) (b), the prescribed amount, in respect of the attendance in a year of a child at a school, is an amount equal to one-third of the amount that would be payable in respect of the child in accordance with sub-regulation (3) if the attendance in that
year of the child at the school were deemed to be attendance of the child at the school in the year immediately preceding that year.”.
(2) In the application of regulation 122 of the Naval Financial Regulations, as amended by regulation 1, to and in relation to the attendance of a child at a school during the year that commenced on 1 January 1976—
(a) paragraph 122 (3a) (a) shall be read as if there were substituted “ 295 ” for “ 330 ” and “ 1230 ” for “ 1300 ”;
(b) paragraph 122 (3a) (b) shall be read as if there were substituted “ 450 ” for “ 510 ” and “ 1180 ” for “ 1470 ”;
(c) paragraph 122 (3a) (c) shall be read as if there were substituted “ 600 ” for “ 790 ”; and
(d) sub-regulation 122 (3b) shall be read as if there were substituted “ 50 ” for “ 100 ” and “ 1300 ” for “ 1460 ”.
(a) where these Regulations come into operation on a day that is part of a school term for that school—the last day of that school term; or
(b) in any other case—the last day of the immediately preceding school term,
the amount of education allowance payable to the member shall be the greater of the following amounts:
(c) the amount payable to the member under the Naval Financial Regulations as in force before the commencement of these Regulations;
(d) the amount payable to the member under the Naval Financial Regulations as amended by these Regulations.
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