Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No. 2

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

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 1910-1968.

Dated this seventh day of January, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Sgd D. J, Killen

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations 

District allowance.

1.—(1.) Regulation 107 of the Naval Financial Regulations is amended by omitting from sub-regulation (4a.) the words “or an authority of the Commonwealth”.

(2.) District allowance is payable to a member in respect of service on and after the twenty-ninth day of October, 1969, as if the amendment of regulation 107 of the Naval Financial Regulations effected by the last preceding sub-regulation had come into operation on that date.

2. After regulation 196 of the Naval Financial Regulations the following regulations are inserted:—

Transport allowance.

“196a.—(1.) In this regulation—

‘prescribed period’ means the period of twelve months ending on the thirtieth day of June in a year;

‘public transport’ means transport available to the public by way of regular services over fixed routes;

‘transport allowance’ means an allowance in accordance with this regulation.

“(2.) In this regulation—

(a) a reference to a motor vehicle owned by a member shall be read as including a reference to a motor vehicle hired by the member or lent to the member; and

(b) a reference to the distance between two places shall be read as a reference to the distance between those places measured along the nearest convenient route suitable for walking.

“(3.) This regulation applies to and in relation to a member whose place of duty is the Naval Establishment known as ‘H.M.A.S. Coonawarra’ or the Naval Establishment known as ‘H.M.A.S. Creswell’.

 

* Notified in the Commonwealth Gazette on 1970.

  Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote   to Statutory Rules 1970, No. 12, and see also Statutory Rules 1970, Nos. 12, 36, 38, 60 and 61.

25580/70—Price 8c 9/3.12.1970

“(4.) Where a member to whom this regulation applies uses a motor vehicle owned by him for the purpose of transporting himself by the most direct convenient route—

(a) from his ordinary place of residence to his place of duty in order to commence his duties on a day; or

(b) from his place of duty to his place of residence on completing his duties on a day,

and a condition specified in the next succeeding sub-regulation is fulfilled in relation to the transport, a transport allowance in respect of that use of the vehicle is payable to the member.

“(5.) For the purpose of the last preceding sub-regulation, the conditions are as follows:—

(a) there is no public transport that has a stopping place within one mile from his place of duty;

(b) there is not normally available public transport that could be used by the member—

(i) so as to enable him to arrive at the stopping place nearest to his place of duty within one hour before the time at which he is to commence duty and, after leaving the transport, to reach his place of duty before that time; and

(ii) so as to enable him to depart from the stopping place nearest to his place of duty, within one hour after ceasing duty, in order to proceed to his place of residence,

being public transport that has a stopping place within one mile from his place of duty; or

(c) in relation to a period of duty on a week day that commences before 8 o’clock in the morning or finishes after 6 o’clock in the evening, or a period of duty on a Saturday, Sunday or public holiday, the only public transport meeting the requirements of the last preceding paragraph is such that—

(i) if he used that public transport, the journey to the member’s place of duty from his place of residence, or to his place of residence from his place of duty, would take not less than one hour longer than the time it would take if he were able to use public transport that is normally used by him in respect of the periods of duty between the hours of 8 o’clock in the morning and 6 o’clock in the evening on week days; or

(ii) on the journey to his place of duty from his place of residence, or to his place of residence from his place of duty, the nearest stopping place of the public transport would be more than one mile from his place of residence.

“(6.) Where a member uses a motor vehicle owned by him for the purposes of transporting himself by the most direct convenient route—

(a) from his place of duty to his place of residence; or

(b) from his place of residence to his place of duty,

during a period of not less than two hours that occurs between two periods of duty on one day, a transport allowance in respect of that use of the vehicle is payable to the member.

“(7.) A transport allowance under the last preceding sub-regulation shall be calculated separately from a transport allowance under sub-regulation (4.) of this regulation, except that, for the purposes of the application of the rates of mileage allowance under regulation 196 of these Regulations, mileage in respect

of which an allowance under either of the two first-mentioned sub-regulations is paid shall be taken into account in calculating the rate of an allowance under the other of those sub-regulations.

“(8.) Where a transport allowance is payable in respect of the use of a vehicle for transporting a member in a prescribed period, the allowance shall be paid for each mile of that transport not exceeding, on any one day—

(a) in the case of a member whose place of duty is the Naval Establishment known as ‘H.M.A.S. Creswell’—fifty-two miles; or

(b) in the case of any other member to whom this regulation applies—twenty miles.

“(9.) The rates of a transport allowance are the same as those that would be applicable under regulation 196 of these Regulations if the member were travelling on duty in his own motor vehicle, subject to a deduction in accordance with the next succeeding sub-regulation.

“(10.) From an amount of transport allowance there shall be deducted, as representing a contribution by the member, an amount at the rate of Two cents per mile but not exceeding Forty cents in respect of a day or Two dollars in respect of a week.

“(11.) Where a member is in receipt of an allowance under regulation 196 of these Regulations in respect of the use of a motor vehicle for the purpose of transporting himself to and from his place of duty on a day, the member is not entitled to be paid transport allowance under this regulation in respect of the use of the motor vehicle for that purpose on that day.

Aggregation of mileage for purposes of regulations 196 and 196a.

“196b. In calculating an allowance under regulation 196 or 196a of these Regulations, any mileage in respect of which an allowance has been paid under the other of those regulations shall be taken into account as if it were mileage in respect of which an allowance has been paid under the regulation under which the allowance is to be calculated.”.

Transitional.

3. Transport allowance is payable as if regulation 196a and 196b of the Naval Financial Regulations as amended by these Regulations had come into operation on the nineteenth day of June, 1970.

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