Naval Financial Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 281

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Naval Financial Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Determination under section 12 of the Defence Amendment Act 1979.

Dated 24 February 1981.

KEVIN NEWMAN

Minister of State for Administrative Services for and on behalf of the

Minister of State for Defence

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Education Allowance

1. Regulation 122 of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2a) “entitled to be removed” and substituting “removed at the expense of the Commonwealth”;

(b) by omitting from sub-paragraph (b) (i) of sub-regulation (2a) “entitled”;

(c) by omitting from paragraph (a) of sub-regulation (2b) “entitled to be”;

(d) by omitting from paragraph (a) of sub-regulation (3a) “1435” and substituting “1630”;

(e) by omitting from paragraph (b) of sub-regulation (3a) “610” and substituting “660”;

(f) by omitting from paragraph (b) of sub-regulation (3a) “1715” and substituting “2055”;

(g) by omitting from paragraph (c) of sub-regulation (3a) “800” and substituting “820”;

(h) by omitting from sub-regulation (3b) “115” and substituting “145”;

(i) by omitting from sub-regulation (3b) “1605” and substituting “1725”; and

(j) by inserting after sub-regulation (5) the following sub-regulation:

“(6) Where, under this regulation, education allowance is payable to a member or has been paid to a member in respect of the attendance during a school term of a child at a secondary school and during that school term—

(a) that child has ceased to reside—

(i) at the secondary school;

(ii) at a guest house, hostel or other commercial boarding establishment; or

(iii) at a place other than a school or boarding house of a kind referred to in paragraph (3a) (a) or (3a) (b),

as the case may be, in relation to which the education allowance is or was so payable;

(b) that child has so ceased to reside for—

(i) Service reasons; or

(ii) medical or other reasons of a compassionate nature;

(c) that member was liable to pay and has paid, or is liable to pay, fees or charges in relation to which education allowance would have been payable under this regulation if the child had so resided; and

(d) that member is not entitled to receive a rebate or a refund of part or all of those fees or charges in respect of that school term or part of that school term,

that child shall, for the purposes of this regulation, be deemed to have attended that school and to have continued to have resided, at the place referred to in sub-paragraph (a) (i), (a) (ii) or (a) (iii), as the case may be, during that school term or that part or that school term, to which the fees or charges referred to in paragraph (c) relate.”.

Application

2. Education allowance is payable in accordance with the provisions of regulation 122 of the Naval Financial Regulations as amended by paragraphs (d), (f), (g) and (i) of clause 1 in respect of the attendance of a child at a secondary school during the year that commenced on 1 January 1980 and during any subsequent year.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 March 1981.

2. Statutory Rules 1956 No. 88 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 19 and see also