Naval Financial Regulations (Amendment) (Cth)
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1971.*
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
Dated this twenty-sixth day of October, 1972.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
MALCOLM MACKAY
Minister of State for the Navy.
Amendments of the Naval Financial Regulations
(
“Division 3.—Fares and Travelling Expenses of Entrants (Regulations 212-215).”;
(
“Division 5.—Removals within Australia (Regulation 231).”; and
(
“Division 6.—Passages (Regulations 232-243).”
and inserting in their stead the words—
“Division 6.—Passages (Regulations 232-240b).”.
“(1b.) Where—
(
a ) an officer of the General List was, immediately before he became an officer of the General List, an officer of the Special Duties List;(
b ) the officer was, immediately before he became an officer of the General List, in receipt of active pay in accordance with Division 3 of the Third Schedule to these Regulations; and(
c ) the daily rate of active pay that was applicable to him immediately before he became an officer of the General List is higher than the daily rate of active pay that, but for this sub-regulation, would he applicable to him as an officer of the General List,
the daily rate of active pay applicable to him is that higher rate.
“(1c.) The last preceding sub-regulation applies in relation to an officer who became an officer of the General List before the seventeenth day of December, 1971, and was, immediately before he became such an officer, an officer of the Special Duties List as if the amendments of the Naval Financial Regulations effected by Statutory Rules 1972, No. 21, had been in force on the day immediately before he became an officer of the General List.
Statutory Rules 1956, No. 88 as amended
to date. For previous amendments of the Naval Financial Regulations
19265/72—Price 10c 9/26.9.1972
“(1d.) In the application of sub-regulation
(1b.) of this regulation in
relation to an officer referred to in paragraph (
(
a ) the amendments of the Naval Financial Regulations effected by Statutory Rules 1972, No, 21, shall be deemed to have come into operation on the seventeenth day of December, 1971; and(
b ) the amendments of the Naval Financial Regulations effected by Statutory Rules 1972, No, 147 shall be deemed to have come into operation on the nineteenth day of May, 1972.”.
“(4.) Notwithstanding the preceding sub-regulations of this regulation, the rate at which accommodation allowance is payable to an officer or man—
(а) in respect of the refitting of the H.M.A.S. Vendetta, on and after the twenty-ninth day of September, 1971;
(
b ) in respect of the refitting of the H.M.A.S, Yarra, which commenced in May, 1972;(
c ) in respect of the refitting of the H.M.A.S. Assail, which commenced in June, 1972;(
d ) in respect of the refitting of the H.M.A.S. Paluma, which commenced in June, 1972;(
e ) in respect of the refitting of the H.M.A.S. Kimbla, which commenced in June, 1972; and(
f ) in respect of the refitting of the H.M.A.S. Parramatta, which commenced in August, 1972,
is a rate equal to the amount per day payable to him for board and lodgings or for the retention of his lodgings, as the case may be, or the rate of Three dollars per day, whichever is the less.”.
(2.)
Where the amount of accommodation allowance that would have been payable to an
officer or man in relation to the refitting of a ship specified in paragraph (
(
a ) by omitting from sub-paragraph (i) of paragraph (a ) of sub-regulation (2.) the words “One dollar and fifty cents” and inserting in their stead the words “Two dollars forty-nine cents”;(
b ) by omitting from sub-paragraph (ii) of paragraph (a ) of sub-regulation (2.) the words “One dollar and twenty-five cents” and inserting in their stead the words “One dollar ninety-two cents”;(
c ) by omitting from sub-paragraph (i) of paragraph (b ) of sub-regulation (2.) the words “Eighty-eight cents” and inserting in their stead the words “One dollar twenty-eight cents”;(
d ) by omitting from sub-paragraph (ii) of paragraph (b ) of sub-regulation (2.) the words “Sixty-two cents” and inserting in their stead the words “Ninety-six cents”; and(
e ) by omitting from sub-regulation (4.) the words “Sixty-two cents” and inserting in their stead the words “Ninety-six cents”;
“121a.—(1.) Subject to sub-regulation (4.) of this regulation, where—
(
a ) a child of a member is the holder of a scholarship tenable only by a child receiving education at a particular school, being a school in the locality in which the member is serving; and(
b ) the child ceases to hold the scholarship because the member is posted to another locality and arranges for his child to receive fulltime education at a school in the last-mentioned locality,
an allowance is payable to the member under this regulation in respect of the education of the child.
“(2.) The allowance under this regulation in relation to the education of a child is payable for the period during which the child receives, otherwise than as the holder of the scholarship, education of a kind that the child would have received under the scholarship if the child had continued to attend the school at which the scholarship was tenable.
“(3.) There is payable to a member, by way of allowance under this regulation, in relation to the education of his child at a school during a school-year or a part of a school-year—
(
a ) in respect of the fees payable by him for the education of his child at the school—(i) an amount equal to the sum of the fees so payable in respect of that school-year or that part of that school-year; or
(ii) an amount equal to the fees, or the part of the fees, that the member would have been relieved of paving if the child had continued to hold the scholarship,
whichever is the less; and
(
b ) if the scholarship provided for the payment to the member of an amount in respect of text books for use by the child—(i) an amount equal to the sum of the amounts expended by him in the school-year or the part of the school-year for the purchase or hire of text books for use by the child; or
(ii) an amount equal to the amount that would have been paid under the scholarship for the purchase or hire of text books for use by the child during the school-year or the part of the school-year,
whichever is the less.
“(4.) A member in receipt of education allowance under the next succeeding regulation in relation to the education of his child at a school during a school-year or a part of a school-year is not entitled to be paid an allowance under this regulation in respect of the education of his child during that school-year or that part of that school-year.
“(5.) In this regulation—
(
a ) ‘child’ has the same meaning as in the next succeeding regulation; and(
b ) a reference to a scholarship shall be read as including a reference to a bursary.”.
(
a ) by omitting paragraph (a ) of Sub-regulation (2.) and inserting in its stead the following paragraphs:—“(
a ) the family of a member has been removed at the expense of the Department and the member has, as a result of that removal, arranged for his child to receive full-time education at a recognized secondary school in the locality from which the family was so removed;(
aa ) a member has received notice that he is to be reposted and the conditions specified in either of the next two succeeding sub-regulations have been fulfilled in relation to him; or”; and(
b ) by inserting after sub-regulation (2.) the following sub-regulations:—“(2a.) The conditions specified in this sub-regulation for the purpose of paragraph (
aa ) of the last preceding sub-regulation in relation to a member are—(
a ) that the family of the member will, upon his having been reposted, be entitled to be removed to a locality in a State other than the State in which they are ordinarily resident on the relevant day; and(
b ) that the member has arranged for his child to receive fulltime education—(i) at a recognized secondary school in the locality in which the member’s family intends to reside upon his having been reposted, being a locality in a State other than the State in which his family is ordinarily resident on the relevant day and to which his family is entitled to be removed at the expense of the Department upon his having been reposted; or
(ii) at a recognized secondary school in the State in which his family is ordinarily resident on the relevant day, not being the school at which the child is receiving full-time education on the relevant day.
“(2b.) The conditions specified in this sub-regulation for the purpose of paragraph (
aa ) of sub-regulation (2.) of this regulation in relation to a member are—(
a ) that the member’s family intends to reside, upon his having been reposted, in a locality in the State in which his family is ordinarily resident on the relevant day, being a locality other than the locality in which his family is ordinarily resident on the relevant day and to which his family will be entitled to be removed at the expense of the Department upon his having been reposted; and(
b ) that the member has arranged for his child to receive fulltime education at a recognized secondary school in the locality in which his family intends to reside upon his having been reposted.“(2c.) For the purpose of the last two preceding sub-regulations—
(
a ) the Australian Capital Territory shall be deemed to form part of the State of New South Wales;(
b ) the Northern Territory of Australia shall be deemed to form part of the State of South Australia; and(
c ) a reference to the relevant day in relation to a member shall be read as a reference to the day on which the member received notice that he was to be reposted.”.
(2.) Education allowance is payable to a member in accordance with the provisions of regulation 122 of the Naval Financial Regulations as amended by sub-regulation (1.) of this regulation as if that sub-regulation had come into operation on the first day of January, 1972.
(
a ) by emitting from sub-regulation (1.) the words “a Chaplain of the Permanent Naval Forces” and inserting in their stead the words “an officer of the Chaplains’ Branch”;(
b ) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—“(2.) Chaplains’ equipment allowance is payable to an officer of the Chaplains’ Branch, as follows:—
(
a ) there is payable to the officer on his appointment as a member of the Permanent Naval Forces—(i) in the case of an officer who was, immediately before his appointment, an officer of the Chaplains’ Branch in the Citizen Naval Forces and had been paid the amount of Chaplains’ equipment allowance referred to in paragraph (
a ) of sub-regulation (2.) of regulation 288 of these Regulations—an amount of One hundred dollars; or(ii) in any other case—an amount of One hundred and twenty-five dollars; and
(
b ) there is payable to the officer upon the completion of each year of his service in the Permanent Naval Forces an amount of Twelve dollars fifty cents.”;(
c ) by omitting from sub-regulation (3.) the words “a Chaplain” and inserting in their stead the words “an officer of the Chaplains’ Branch”; and(
d ) by adding at the end thereof the following sub-regulation:—“(4.) Without prejudice to the right of the Commonwealth to recover by other means an amount payable to the Commonwealth under the last preceding sub-regulation, that amount may be deducted from any pay and allowances that are, or become, payable to the officer under these Regulations.”.
(
a ) by omitting from paragraph (b ) the words “books, instruments or tools” and inserting in their stead the word “goods”; and(
b ) by inserting after the words “damaged articles” the words “or goods”,
“200a. Subject to this Division, where a member other than a member whose service is terminated on disciplinary grounds or on the ground that he is medically unfit through his own fault travels to a place at the expense of the Department on the termination of his service and the time necessarily involved in his so travelling extends overnight, travelling allowance is payable to him under these Regulations in respect of the period of the travel.”.
(
a ) by omitting the definitions of “disembarkation”, “embarkation” and “family”; and(
b ) by omitting sub-regulations (2.) to (6.), inclusive.
(2.) The rates specified in sub-regulation (1.) of regulation 254 of the Naval Financial Regulations as amended by the last preceding sub-regulation apply in relation to good conduct increments paid or payable in accordance with that regulation in respect of the first day of January, 1972, or any subsequent day.
(
a ) by omitting from sub-regulation (1.) the words “a Chaplain of the Citizen Naval Forces” and inserting in their stead the words “an officer of the Chaplains’ Branch”;(
b ) by omitting from paragraph (a ) of sub-regulation (2.) the words “Twenty dollars” and inserting in their stead the words “Twenty-five dollars”; and(
c ) by omitting from paragraph (b ) of sub-regulation (2.) the words “Ten dollars” and inserting in their stead the words “Twelve dollars fifty cents”;
(
a ) by omitting the words—“Sub-regulations (1a.) and (6.) of regulation 9.”;
(
b ) by omitting the words—“Sub-regulation (2.) of regulation 22.’’;
(
c ) by inserting after the word—“Regulation 26.’’
the words—
“Sub-regulation (5.) of regulation 31.
Paragraph (
b ) of sub-regulation (3.) and sub-regulation (9.) of regulation 31a.”;(
d ) by omitting the word—“Regulation 32.”;
(
e ) by omitting the word—“Regulation 41.”;
(
f ) by inserting after the word—“Regulation 111.”
the word—
“Regulation 111a.’’;
(
g ) by omitting the words—“Sub-regulation (1.) of regulation 137.
Regulation 140.”;
(
h ) by omitting the words—“Regulation 212,
Regulation 214.”;
(
i ) by omitting the words—“Sub-regulations (1.), (2.) and (3.) of regulation 231.
Paragraph (
b ) of sub-regulation (4.) and sub-regulation (6.) of regulation 232.Sub-regulation (3.) of regulation 236.
Regulation 238a.
Sub-regulation (1.) of regulation 239.
Sub-regulation (1.) of regulation 240.
Regulation 241.”
and inserting in their stead the word—
“Regulation 240b.”;
(
j ) by emitting the words—“Sub-regulation (2.) of regulation 253.”
and inserting in their stead the words—
“Paragraph (
b ) of sub-regulation (3.) and sub-regulation (8.) of regulation 253a.”;(
k ) by omitting the words—“Sub-regulation (1.) and (2.) of regulation 255.”
and inserting in their stead the words—
“Sub-regulation (3.) of regulation 255.”;
(
l ) by omitting the word—“Regulation 259f.”;
(
m ) by omitting the words—“Sub-regulation (3.) of regulation 264.”; and
(
n ) by omitting the words—“Sub-regulations (3.) and (5.) of regulation 295.”
and inserting in their stead the words—
“Sub-regulation (3.) of regulation 295.”.
Printed by Authority by the Government Printer of the Commonwealth of Australia.
0
0
0