Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No. 61

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 first day of May, 1970.

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations 

Education allowance.

1. Regulation 122 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

“122.—(1.) In this regulation, ‘child’, in relation to a member, means—

(a) a child (not being an ex-nuptial child) of the member;

(b) an ex-nuptial child of the member who is, by virtue of Part VI. of the Marriage Act 1961-1966, the legitimate child of the member;

(c) a step-child of the member; or

(d) a legally adopted child of the member,

who has not attained the age of 21 years and who is not enrolled or eligible to be enrolled for a course of study at aUniversity that will lead to being admitted by the University to a degree.

“(2.) Subject to sub-regulation (6.) of this regulation, where—

(a)the family of a member has been removed at the expense of the Department under regulation 231 of these Regulations 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; or

(b)a member and his family are located at a place where secondary education is not available for a child of the member and the member has, as a result of the fact that secondary education is not so available, arranged for his child to receive full-time education at a recognized secondary school in another locality,

an allowance, called ‘education allowance’, is payable to the member subject to such conditions and for such period as the Naval Board, by a determination of general application, determines.

* Notified in the Commonwealth Gazette on 1 May 1970.

  Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote toStatutory Rules 1970, No. 12; and see also Statutory Rules 1970, No. 12.

15068/70—Price 5c 10/22.4.1970

 

“(3.) The amount of education allowance payable to a member in respect of the attendance of his child at a school is—

(a) for a complete school year or for a part of a school year for which the child attends the school as a boarder—such amount, not exceeding One thousand two hundred and five dollars, as the Naval Board considers reasonable having regard to the expenses incurred by the member in respect of or incidental to the attendance of the child at the school during that year or that part of that year and the other circumstances of the particular case:

(b)for a complete school term that the child attends the school otherwise than as a boarder—an amount of Two hundred and eight dollars thirty-three cents; or

(c) for a period less than a complete school term that the child attends the school otherwise than as a boarder—such amount, not exceeding Two hundred and eight dollars thirty-three cents, as the Naval Board considers reasonable having regard to the circumstances of the particular case.

“(4.) A condition shall not be included in a determination made by the Naval Board for the purpose of sub-regulation (2.) of this regulation unless, it has the effect of restricting payment of education allowance in relation to a child of a member to cases—

(a) where the child was living with the member or with the family of the member before the removal of the family under regulation 231 of these Regulations or at the place where secondary education is not available before the child moved to another place to receive secondary education, as the case may be; and

(b)where serious interference would be caused to the education of the member’s child it the child were to commence or continue secondary education in the locality in which the member is serving or the family of the member is residing.

“(5.) A determination made by the Naval Board for the purpose of sub-regulation (2.) of this regulation shall not have the effect of restricting the period in respect of which education allowance may be paid to a member to a period other than—

(a) a period in respect of which serious interference with the education of the member’s child would be caused if the child were required to commence or continue secondary education in the locality in which the member is serving or the family of the member is residing;

(b)a reasonable period before the family of the member have been removed at the expense of the Department under regulation 231 of these Regulations to the locality in which they are residing; and

(c) a reasonable period after the member ceases to serve in the locality in which he is serving or the family of the member are so removed to another locality, whichever first occurs.

“(6.) Education allowance is not payable in respect of the attendance of a child of a member at a school otherwise than as a boarder unless the child is, for the purpose of enabling the child to attend that school, left in the care of a person other than the member for a period of three months or more.”.

Discharged members.

2. Regulation 183 of the Naval Financial Regulations is amended by omitting sub-regulation (2.).

 

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