Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No. 56

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 thirtieth day of April, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

Amendments of the Naval Financial Regulations 

1. Regulation 27 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Submarine pay—officers.

“27.—(1.) In this regulation—

‘prescribed position’ means—

(a) a position on the complement of a submarine; or

(b)a position on the complement of a Naval Establishment, being a position the duties of which are required to be performed by an officer who is a qualified officer;

‘qualified officer’ means an officer who is a qualified submarine officer;

‘submarine duties’ means the duties of a prescribed position.

“(2.) An allowance, called ‘submarine pay’, is payable, in accordance with the succeeding sub-regulations of this regulation, to an officer holding the rank of Commander or a lower rank who—

(a) is a qualified officer; or

(b)proceeds to sea in a submarine in order to perform a specific duty in the submarine.

“(3.) The rate at which submarine pay is payable to an officer is the rate specified in the following table in relation to the rank that he holds.

Rank	Rate per day
$
Midshipman.....................................................................................................................	2.00
Acting Sub-Lieutenant......................................................................................................	2.20
Sub-Lieutenant.................................................................................................................	2.40
Lieutenant.......................................................................................................................	2.60
Lieutenant-Commander....................................................................................................	2.80
Commander.....................................................................................................................	2.00

* Notified in the Commonwealth Gazette on 6 May 1971.

  Statutory Rules 1956. No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote   to Statutory Rules 1971, No. 1; and see also Statutory Rules 1971, Nos. 1 and 2.

13399/71—Price 8c 9/16.4.1971

“(4.) Subject to sub-regulations (6.) to (9.), inclusive, of this regulation, where a qualified officer is appointed to a prescribed position, submarine pay is payable to him—

(a)until he is appointed to an other position, not being a prescribed position; and

(b) after he is appointed to another position, not being a prescribed position—until the expiration of two years immediately after he is appointed to that other position or until he is again appointed to another position, whichever first occurs.

“(5.) Subject to sub-regulations (6.) to (9.), inclusive, of this regulation, where an officer, whether or not he is a qualified officer, proceeds to sea in a submarine in order to perform a specific duty in the submarine and the officer is not, by virtue of the last preceding sub-regulation, entitled to be paid submarine pay in respect of the period during which the submarine is at sea, submarine pay is payable to the officer in respect of that period by virtue of this sub-regulation.

“(6.) Submarine pay is not payable to an officer who is medically unfit for duty if the unfitness is due to circumstances within his own control.

“(7.) Submarine pay is not payable to an officer who is permanently medically unfit for duty in a submarine—

(a)in a case where the unfitness is due to a wound received in action or to an injury received in a submarine accident—after the expiration of twelve months from and including the date on which he receives the wound or injury; or

(b) in any other case—after the date on which he is found to be permanently medically unfit for duty in a submarine.

“(8.) Where a direction is given, for a reason other than that an officer is medically unfit for duty in a submarine, that the officer is not to be employed on submarine duties, submarine pay is not payable to the officer from and including the date on which he ceases to be employed on submarine duties in accordance with the direction to and including the date on which the direction is revoked.

“(9.) An officer who is in receipt of active pay in accordance with sub-regulation (3.) or (5.) of regulation 9 of these Regulations is not eligible to be paid submarine pay under this regulation.

“(10.) Where an officer, whether a qualified officer or not, embarks in a submarine for passage only, the officer shall not be taken to proceed to sea for the purpose of performing a specific duty in the submarine.”.

Medical Branch Specialist allowance.

2.—(1.) Regulation 41 of the Naval Financial Regulations is amended by omitting from paragraph (c) the words “One dollar twenty-five cents” and inserting in their stead the words “Two dollars six cents”.

(2.) The rates of allowance specified in regulation 41 of the Naval Financial Regulations as amended by the last preceding sub-regulation apply to and in relation to payment of Medical Branch Specialist Allowance in respect of the seventeenth day of July, 1970, or any subsequent day.

3. Regulation 77 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Submarine pay—men.

“77.—(1.) In this regulation—

‘prescribed position means—

(a) a position on the complement of a submarine; or

(b)a position on the complement of a Naval Establishment, being a position the duties of which are required to be performed by a man who is a qualified submarine rating;

‘qualified man’ means a man who is a qualified submarine rating;

‘submarine duties’ means the duties of a prescribed position,

(2.) An allowance, called ‘submarine pay’, is payable, in accordance with the succeeding sub-regulations of this regulation, to a man who—

(a) is a qualified man; or

(b) proceeds to sea in a submarine in order to perform a specific duty in the submarine.

(3.) The rate at which submarine pay is payable to a man is (he rate specified in the following table in relation to the rating that he holds:—

Rating	Rate per day
$
Leading Seaman or lower rating..........................................................................................	2.00
Petty Officer.......................................................................................................................	2.20
Chief Petty Officer..............................................................................................................	2.40

(4.) Subject to sub-regulation (6.) of this regulation, where a qualified man is drafted to a prescribed position, submarine pay is payable to him—

(a) until he is drafted to another position, not being a prescribed position; and

(b)after he is drafted to another position, not being a prescribed position—until the expiration of two years immediately after he is drafted to that other position or until he is again drafted to another position, whichever first occurs.

(5.) Subject to the next succeeding sub-regulation, where a man, whether or not he is a qualified man, proceeds to sea in a submarine in order to perform a specific duty in the submarine and the man is not, by virtue of the last preceding sub-regulation, entitled to be paid submarine pay in respect of the period during which the submarine is at sea, submarine pay is payable to the man in respect of that period by virtue of this sub-regulation.

“(6.) Sub-regulations (6.) to (8.), inclusive, and sub-regulation (10.) of regulation 27 of these Regulations apply to and in relation to the payment of submarine pay to a man in like manner as they apply to and in relation to the payment of submarine pay to an officer and as if—

(a)references to an officer were read as references to a man; and

(b)the reference in sub-regulation (10.) to a qualified officer were read as a reference to a qualified man within the meaning of this regulation.”.

Living out allowance— unmarried members.

4.—(1.) Regulation 92 of the Naval Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) Subject to sub-regulation (2.) of this regulation and to regulation 95 of these Regulations, a member who is not a married member shall he paid an allowance, called ‘living out allowance’, in respect of any period of seventy-two consecutive hours or more during which he lives out and—

(a) isnot supplied with Service accommodation or victuals;

(b) is supplied with Service accommodation but not victuals; or

(c) is supplied with victuals but not Service accommodation.

“(1a.) The rate at which living out allowance is payable to a member is—

(a) in the case of an officer who is undertaking a full-time course of studies at the Royal Melbourne Institute of Technology—Three dollars per day; or

(b) in any other case—One dollar thirty-two cents per day.”.

(2.) The rates specified in regulation 92 of the Naval Financial Regulations as amended by the last preceding sub-regulation apply to living out allowance, payable in respect of the seventh day of January, 1971, or any subsequent day.

5. Regulation 117b of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Submarine escape training tank instructor’s allowance.

“117b.—(1.) Subject to this regulation, an allowance, called ‘submarine escape training tank instructor’s allowance’, is payable to a man who has qualified as a Submarine Escape Training Tank Instructor—

(a) in respect of a period spent by him in a submarine escape training tank while training to obtain those qualifications or while on duty instructing a person in escaping from a submarine; and

(b) in respect of a period spent by him, either inside or outside a re-compression chamber, in assisting with the treatment of another person inside a re-compression chamber for illness arising out of the other person’s employment on duty in a submarine escape training tank.

“(2.) The rate at which submarine escape training tank instructor’s allowance is payable is—

(a) in respect of a period spent outside a re-compression chamber in assisting with the treatment of another person inside the recompression chamber—One cent per minute; or

(b) in respect of any other period—Two cents per minute.

“(3.) Subject to the next succeeding sub-regulation, a man who is in receipt of diving pay in respect of a day is not entitled to be paid the amount of submarine escape training tank instructor’s allowance that, but for this sub-regulation, would be payable to him in respect of that day.

“(4.) Where the amount of submarine escape training tank instructor’s allowance that would, but for the last preceding sub-regulation, be payable to a man in relation to a day exceeds the amount of diving pay payable to the man in respect of the day, the man is entitled to be paid as submarine escape training tank instructor’s allowance for that day an amount equal to the amount of the excess.”.

Transitional—submarine pay.

6.—(1.) Where a member was in receipt of submarine pay in respect of the period from and including the fourth day of December, 1970, to and including the day immediately before the commencement of these Regulations, the member is entitled to be paid, as additional submarine pay, an amount equal to the amount by which the sum of the submarine pay that would have been payable to him in respect of his service during that period if the amendments of the Naval Financial Regulations effected by regulations 1 and 3 of these Regulations had come into force on that first-mentioned date exceeds the amount of submarine pay paid or payable to him in respect of that service.

(2.) A member who was not eligible to be paid submarine pay in respect of his service during the period referred to in the last preceding sub-regulation but would have been eligible to be paid submarine pay in respect of that service if the amendments of the Naval Financial Regulations referred to in that sub-regulation had come into force on the fourth day of December, 1970, is entitled to be paid, as submarine pay, an amount equal to the amount that he would have been paid as submarine pay if the amendments had so come into force.

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