Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1972 No. 35

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 Naval Defence Act 1910-1971.

Dated this sixteenth day of March, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

MALCOLM MACKAY

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations 

Command money.

1. Regulation 18 of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (3.) the word “or” (last occurring); and

(b) by omitting paragraph (c) of that sub-regulation and inserting in its stead the following paragraphs:—

“(c) an officer is directed to command a ship during sea trials before the ship is commissioned; or

(d) an officer is directed to command a submarine on any other sea trials or on basin diving,”.

Accommodation allowance

2. Regulation 94aof the Naval Financial Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(4.) Notwithstanding the preceding sub-regulations of this regulation, the rate at which accommodation allowance is payable to an officer or a man—

(a) in respect of the refitting of the H.M.A.S. Vampire on and after the twenty-third day of June, 1971;

(b) in respect of the refitting of the H.M.A.S. Stuart on and after the twelfth day of July, 1971; and

(c) in respect of the refitting of the H.M.A.S. Vendetta on and after the twenty-ninth day of September, 1971,

is a rate equal to the amount per day payable by 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.

“(5.) Accommodation allowance is payable to officers under the last preceding sub-regulation as if a reference in sub-regulations (1.), (2.) and (3.) of this regulation to a man holding the rating of able seaman or a higher rating or to a man was read as including a reference to an officer.”.

 

* Noticed in the Commonwealth Gazette on 1972.

 Statutory Rules 1956, No. 68, as amended by Statutory Rules 1957, Nos. 27, 32, 68 and 77; 1958, Nos. 25, 45 and 76; 1959, Nos. 66 and 90; 1960, No. 53; 1961, Nos. 5, 12, 24, 33, 45, 78, 90, 96, 130 and 140; 1962, Nos. 10, 19, 22, 32, 86, 96 and 107; 1963, Nos. 12, 18, 54, 61, 72, 88, 94 and 122; 1964, Nos. 5, 15, 16, 50, 51, 60, 90, 101, 104, 130, 139, 167 and 168; 1965, Nos. 46, 70, 74, 122, 140, 157, 175 and 193; 1956, Nos. 31, 33, 103 and 128; 1967, Nos. 21, 40, 56, 107, 109 and 159; 1968, Nos. 70, 77, 78, 99, 104 and 152; 1969, Nos. 5, 41. 55, 113, 114, 119, 138, 177, 201, 208 and 209; 1970, Nos. 12, 36, 38, 60, 61, 134, 158, 180, 203 and 204; and 1971, Nos. 1, 2, 46, 56, 122, 158 and 173.

24279/71—Price 10c 9/28.2.1972

3.—(1.) After regulation 111 of the Naval Financial Regulations the following regulations are inserted:—

Territory education allowance.

“111a.—(1.) In this regulation, ‘territory officer’ means an officer of the Public Service referred to in section 30 of the Papua New Guinea Act 1949-1971.

“(2.) Where territory officers, or territory officers included in a class of territory officers, are, by virtue of the terms and conditions of their employment, entitled in particular circumstances to be paid an allowance for the education of their children, being an allowance related to special aspects of service in Papua New Guinea, the Naval Board may, subject to the next succeeding sub-regulation, determine—

(a) that an allowance is payable to members in circumstances specified in the determination, being circumstances that are similar to the circumstances in which that first-mentioned allowance is so payable;

(b) the rate at which, or the scale of rates in accordance with which, the allowance is to be payable to members in the circumstances so specified; and

(c) the conditions (if any) subject to which the allowance is to be payable to members in the circumstances so specified.

“(3.) The rate or scale of rates, and the conditions, determined by the Naval Board in respect of the allowance under the last preceding sub-regulation shall be such as are necessary for the purpose of providing reasonable compensation to members, in the circumstances to which the determination relates, in respect of like aspects of service.

“(4.) Where a determination under sub-regulation (2.) of this regulation is in force, a member is, subject to the next succeeding sub-regulation, entitled, in the circumstances and subject to the conditions (if any) specified in the determination, to be paid an allowance at the rate, or in accordance with the scale of rates, specified in the determination.

“(5.) Where a member would, but for this sub-regulation, be entitled to be paid an allowance under this regulation and also an allowance under regulation 122 of these Regulations in respect of the education of a child at a school—

(a) if the amount of the allowance payable under this regulation exceeds the amount of the allowance payable under regulation 122 of these Regulations—the member is not entitled to be paid an allowance under regulation 122 of these Regulations; or

(b) if the amount of the allowance payable under this regulation is equal to or less than the amount of the allowance payable under regulation 122 of these Regulations—the member is not entitled to be paid an allowance under this regulation,

in respect of the education of the child at the school.

Correspondence courses of education.

“111b.—(1.) Where—

(a) a member is appointed or drafted for service at H.M.A.S. Tarangau;

(b) a child of the member is residing with the member; and

(c) the child is undertaking a course of secondary education by correspondence through a school in Australia that conducts correspondence courses of secondary education,

the member is entitled to be paid an allowance equal to the amount by which the sum of the prescribed expenses in respect of the child in a year exceeds Forty-two dollars.

“(2.) For the purpose of the last preceding sub-regulation, the prescribed expenses in a year in respect of a child who is undertaking a course of secondary education through a school in Australia are—

(a) any enrolment fees paid in the year for enrolling the child at the school for the course;

(b) any examination fees paid in the year for sitting for an examination ordinarily taken at the conclusion of the course or a part of the course;

(c) the sum of the amounts reasonably paid for postage in connexion with the course; and

(d) the amount reasonably paid for text books required in connexion with the course.

“(3.) In this regulation, ‘year means the period of twelve months commencing on a first day of January.’’.

(2.) The Naval Board may make a determination in relation to the year that commenced on the first day of January,1971 as if regulation 111a of the Naval Financial Regulations as amended by the last preceding sub-regulation had come into operation on that date and, where the Naval Board does so, the allowance provided for in that regulation is payable as if that regulation and the determination had come into operation on that date.

(3.) Where the Naval Board has made a determination under regulation 111a of the Naval Financial Regulations as amended by sub-regulation (1.) of these Regulations in relation to the year that commenced on the first day of January, 1971, a member has been paid education allowance under regulation 122 of the Naval Financial Regulations in respect of the education of his child during a period (in this sub-regulation referred to as the relevant period), being that year or a part of that year, and an allowance is payable to the member by virtue of the last preceding sub-regulation in respect to the education of his child during the relevant period—

(a) paragraph (a) of sub-regulation (5.) of regulation 111a of the Naval Financial Regulations as so amended does not apply to or in relation to the payment of that first-mentioned allowance in relation to the relevant period; and

(b) the member is entitled to be paid, by virtue of the last preceding sub-regulation, in respect of the education of his child during the relevant period only the amount (if any) by which the amount of the allowance that would have been payable under that sub-regulation but for this sub-regulation exceeds the amount of the allowance paid or payable under regulation 122 of the Naval Financial Regulations.

(4.) For the purpose of the last preceding sub-regulation, an amount payable to a member under sub-regulation (2.) of regulation 4 of these Regulations in relation to the attendance of his child at a school during the year that commenced on the first day of January, 1971, or during a part of that year shall be deemed to be an amount of allowance payable under regulation 122 of the Naval Financial Regulations.

Education allowance.

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

(a) by omitting from paragraph (a) of sub-regulation (3.) the words “One thousand three hundred dollars” and inserting in their stead the words “One thousand four hundred and forty-five dollars”; and

(b) by inserting after sub-regulation (3.) the following sub-regulations:—

“(3a.) Where a child of a member attends a school as a boarder for a complete school year or a part of a school year, the amount of education allowance payable in relation to the attendance of the child is the amount of One thousand four hundred and forty-five dollars or, if that amount is greater than the prescribed amount in relation to the child, an amount not less than the prescribed amount in relation to the child.

“(3b.) For the purpose of the last preceding sub-regulation, the prescribed amount, in relation to a child of a member who attends a school as a boarder for a complete school year, is an amount equal to the sum of any amounts paid or payable by the member, in relation to the attendance of the child at the School during the year, by way of—

(a) tuition fees, being tuition fees ordinarily payable to the school in respect of children at the stage of education reached by the child;

(b) boarding fees;

(c) an entrance fee payable upon a child being accepted as a student or boarder at the school; and

(d) other fees or charges, being school fees or charges that parents are required to pay to the school in respect of the attendance of their children at the school.

“(3c.) For the purposes of sub-regulation (3a.) of this regulation, the prescribed amount, in relation to a child of a member who attends a school as a boarder for part only of a school year, is an amount equal to the sum of—

(a) the amount ascertained in accordance with the formulawhere—

a is the number of school days in the part of the school year during which the child attends the school as a boarder;

b is the sum of the amounts paid or payable by the member, in relation to the attendance of the child at the school as a boarder during the part of the year by way of tuition fees, being tuition fees ordinarily payable to the school in respect of children who are at the same stage of their education as the child, and boarding fees; and

c is the number of school days in the period during which the child would be entitled to attend the school as a boarder upon payment of those tuition fees and boarding fees; and

(b) any amount paid or payable by the member, in relation to the attendance of the child at the school during the part of the year, in respect of the matters referred to in paragraphs (c) and (d) of the last preceding sub-regulation.

“(3d.) Where a child of a member attends a school otherwise than as a boarder for a period less than a complete school term, the amount of education allowance payable in relation to the attendance of the child is the amount of Two hundred and twenty-six dollars sixty-seven cents or, if that amount is greater than the prescribed amount in relation to the child, an amount not less than the prescribed amount in relation to the child.

“(3e.) For the purposes of the last preceding sub-regulation, the prescribed amount, in relation to a child of a member who attends a school otherwise than as a boarder for a period less than a complete school term, is an amount ascertained in accordance with the formula where—

a is the number of school days in the period;

b is the amount of Two hundred and twenty-six dollars sixty-seven cents; and

c is the number of school days in the term.

“(3f.) In sub-regulations (3c.) and (3e.) of this regulation, ‘school day’, in relation to the school, means a day on which tuition is ordinarily given to students at the school.

(2.) Where a member was in receipt of education allowance in respect of the attendance of his child at a school as a boarder daring the year that commenced on the first day of January, 1971, or during a part of that year, the Naval Board shall determine the amount it would have considered reasonable for the purpose of paragraph (a) of sub-regulation (3.) of regulation 122 of the Naval Financial Regulations in relation to the attendance of a child at the school during that period, or that part of that period, if the amendments of the Naval Financial Regulations effected by the last preceding sub-regulation had come into operation on the first day of January, 1971, and the member is entitled to be paid, as additional education allowance, the amount by which the amount so determined exceeds the amount of education allowance paid or payable to him in respect of the attendance of his child at the school as a boarder during that period or that part of that period.

Gratuity and allowance for holder of Long Service and Good Conduct Medal.

5.—(1.) Regulation 134 of the Naval Financial Regulations is amended—

(a) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) Subject to the succeeding sub-regulations of this regulation, where a member has become entitled to the Long Service and Good Conduct Medal, an allowance of Two dollars for each year of service after he became entitled to the medal, being a year of service in which his conduct was not assessed otherwise than as ‘Very Good’, shall be credited to the pay account of the member.

“(3.) Subject to the next succeeding sub-regulation, an amount equal to the amounts credited to the pay account of a member in accordance with the last preceding sub-regulation, less any amount, or an amount equal to the sum of any amounts, previously paid to him under this sub-regulation, shall be paid to him upon the completion of the period of his engagement, or upon his discharge, whichever first occurs.”; and

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

“(5.) Where a member who has been awarded the Long Service and Good Conduct Medal dies or the Naval Board directs that such a member is to be presumed to have died, an amount equal to the amount that would have been payable to the member under sub-regulation (3.) of this regulation if he had been discharged on the date on which he died or is to be presumed to have died is payable to the dependants of the member.”.

(2.) The amendments of regulation 134 of the Naval Financial Regulations effected by the last preceding sub-regulation do not apply to or in relation to—

(a) an amount of allowance that a member was entitled to have credited to him before the commencement of these Regulations;

(b) an amount that became payable to a member upon his discharge or upon the completion of the period of his engagement before the commencement of these Regulations; or

(c) a member who died before the commencement of these Regulations.

Reimbursement of cost of insurance.

6.—(1.) Regulation 194 of the Naval Financial Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the words “Five hundred dollars” (wherever occurring) and inserting in their stead the words “Seven hundred and fifty dollars”.

(2.) The amendment of regulation 194 of the Naval Financial Regulations effected by the last preceding sub-regulation applies in relation to a member who travelled or travels on or after the twentieth day of July, 1971 to a place at which he is to serve or is serving on long term duty or on intermediate term duty or to or from such a place to another place oversea.

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