Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No. 114

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 thirty-first day of July, 1969.

Paul Hasluck

Governor-General

By His Excellency’s Command,

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations 

Parts.

1.—(1.) Regulation 3 of the Naval Financial Regulations is amended by omitting the words—

“Division 4.—Leave Travel Concessions (Regulations 216-230).”

and inserting in their stead the words—

“Division 4.—Leave Travel Concessions (Regulations 229-230).”.

(2.) Regulation 3 of the Naval Financial Regulations is amended by omitting the words—

“Division 4.—Annual Allowances, Grants, Retainers, Training Fees, Gratuities and Bounties (Regulations 283-29 1a).”

and inserting in their stead the words—

“Division 4.—Annual Allowances, Grants, Training Fees, Gratuities and Bounties (Regulations 283-291a).”.

Interpretation.

2. Regulation 4 of the Naval Financial Regulations is amended—

(a)by omitting from sub-regulation (1.) the definitions of “‘acting member’ or ‘acting officer’” and “approving authority”; and

(b) by inserting in sub-regulation (1.), after the definition of “pay seniority”, the following definition:—

“‘place of detention’ means a place in which persons sentenced to detention may be confined in accordance with subsection (2) of section 81 of the Naval Discipline Act;”.

Supplementary living out allowance.

3. Regulation 92a of the Naval Financial Regulations is amended by omitting from sub-regulation (1.) the words “A member” and inserting in their stead the words “Subject to regulation 95 of these Regulations, a member”.

Retention of lodgings allowance.

4. Regulation 94 of the Naval Financial Regulations is amended by inserting in sub-regulation (1.), after the word “regulation” (first occurring), the words “and to the next succeeding regulation”.

 

* Notified in the Commonwealth Gazette on 1969.

  Statutory Rules 1956, No. 88, 89 amended to date. For previous amendments of the Naval Financial Regulations, see footnote to Statutory Rules 1969, No. 5, and see also Statutory Rules 1969, Nos. 5 and 41.

16458/69—Price 10c 10/16.7.1969

 

5. After regulation 94 of the Naval Financial Regulations the following regulation is inserted:—

Accommodation allowance.

“94a.—(1.) Subject to sub-regulation (3.) of this regulation and to such conditions as the Naval Board determines, where—

(a) a man holding the rating of able seaman or a higher rating is a member of the crew of a ship that is being refitted;

(b)service accommodation is not available for the man either on board the ship or elsewhere; and

(c) the man is not able to live at home,

an allowance, called ‘accommodation allowance’, is payable to him at a rate equal to the amount per day payable by him for board and lodgings or at the rate of Two dollars fifty-five cents per day, whichever is the less.

“(2.) Where a man in receipt of accommodation allowance in respect of his lodging at a particular place—

(a) resides temporarily, for reasons connected with his service, at another place; and

(b) retains his lodgings,

accommodation allowance continues to be payable to him, if the Naval Board so approves, while he so retains his lodgings, at a rate equal to the amount per day payable by him for the retention of his lodgings or at the rate of Two dollars fifty-five cents per day, whichever is the less.

“(3.) Accommodation allowance is not payable to a man in respect of a continuous period exceeding one hundred and twenty days.”.

General provisions relating to eligibility for certain allowances.

6. Regulation 95 of the Naval Financial Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(4.) Living out away from home allowance or living out allowance is not payable to a member in respect of a day—

(a) for which travelling allowance, supplementary travelling allowance or meal allowance for three consecutive meals is payable to the member;

(b)on which the member is provided at the expense of the Department with meals on board a ship or on a train, an aircraft or other conveyance;

(c) on which the member is accommodated at public expense in a hospital, prison, place of detention or mental institution;

(d)for which retention of lodgings allowance or accommodation allowance is payable;

(e) on which an oversea living allowance is payable under Division 2 of this Part; or

(f) on which the member, being a member who is employed as a registered medical practitioner at a hospital, is, or is entitled to be, provided with meals and accommodation, without expense to the member, in connexion with that employment.

“(5.) Supplementary living out allowance or retention of lodgings allowance is not payable to a member in respect of a day for which accommodation allowance is payable to the member.”.

Repeal of regulations 216 to 228.

7. Regulations 216 to 228 (inclusive) of the Naval Financial Regulations are repealed.

 

Mileage allowance—travel on leave.

8. Regulation 229 of the Naval Financial Regulations is amended by omitting the words “under this Division” and inserting in their stead the words “on leave”.

9. Regulation 230 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Contribution towards cost of fares when member travels on leave.

“230.—(1.) Where—

(a) a member travels on leave; and

(b)the Commonwealth pays the fares or a part of the fares of the member or of a member of his family who travels with him.

the member is, in such circumstances as the Naval Board determines, liable to contribute towards the cost of those fares, or of the part of those fares, so paid by the Commonwealth.

“(2.) Where, under the last preceding sub-regulation, a member is liable to contribute towards the cost of fares or of a part of fares—

(a)the amount of his contribution is an amount ascertained in such manner as the Naval Board determines;

(b) an amount equal to the amount of his contribution is a debt due by the member to the Commonwealth and recoverable in acourt of competent jurisdiction; and

(c) an amount equal to the amount of his contribution, or to so much of his contribution as has not been paid by the member to the Commonwealth, may be deducted from the pay and allowances that are or become payable to the member under these Regulations.”.

Family to accompany member on forward journey.

10. Regulation 234 of the Naval Financial Regulations is amended by omitting sub-regulation (3.).

11.—(1.) Regulation 248 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Extended leave or pay in lieu for members not eligible for furlough.

“248.—(1.) Subject to this regulation, the Naval Board may grant a member who has completed not less than four but less than fifteen years’ service, immediately prior to his ceasing to be a member on, or subsequent to, his attaining the age for his compulsory retirement, leave of absence on full pay as follows:—

(a) where the period of service of the member is not less than four but less than eight years—two months;

(b)where the period of service of the member is not less than eight but less than ten years—three months; or

(c) where the period of service of the member is not less than ten years— a period of three-tenths of one month in respect of each year of service.

“(2.) Where a member may be granted leave of absence under the last preceding sub-regulation, the Naval Board may, in lieu of the grant of that leave, authorize payment to him, upon his retirement from the Service, of a sum not exceeding the amount of his pay for a period equal to the period of leave of absence that the member could have been granted under that sub-regulation.

“(3.) Where a member retires on, or subsequent to, his attaining the age for his compulsory retirement and, immediately after his retirement, the member becomes a member of the Naval Emergency Reserve Forces or the Citizen Naval Forces and commences a period of continuous full time naval service to which regulation 264 of these Regulations applies, the member is not entitled under the last two preceding sub-regulations to leave of absence or to payment of a sum in lieu of leave upon his retirement from the Permanent Naval Forces.

   

“(4.) Where—

(a) the appointment of an officer who has not attained the age for his compulsory retirement is terminated; or

(b)a man who has not attained the age for his compulsory retirement is discharged from the Service,

after completing not less than four but less than fifteen years’ service and the Naval Board is satisfied that the termination or discharge is on the ground that he is medically unfit for naval service and that the unfitness is not due to misconduct or to causes within his own control, the Naval Board may authorize payment to the officer or man of a sum not exceeding the amount of his pay for a period equal to the period of leave of absence which the officer or man could have been granted under sub-regulation (1.) of this regulation if he had attained the age for his compulsory retirement.

“(5.) A reference in the next two succeeding sub-regulations to a member who is retrenched shall be read as a reference to a member—

(a) who is discharged from the Service;

(b)who is transferred to the Naval Emergency Reserve Forces or the Citizen Naval Forces; or

(c) whose appointment in the Service is terminated,

on the ground that the member cannot be usefully employed in the Naval Forces because those Forces are being retrenched.

“(6.) Where a member who, on the twenty-fifth day of October, 1966, had completed not less than ten years’ service is retrenched, the Naval Board may authorize payment to him, if he has completed less than fifteen years’ service, of a sum not exceeding the amount of his pay for a period of four months.

“(7.) Where a member who—

(a) on the twenty-fifth day of October, 1966, had completed less than ten years’ service; or

(b) was not a member at that date,

is retrenched, the Naval Board may authorize payment to him—

(c) if he has completed not less than four but less than eight years’ service—of a sum not exceeding the amount of his pay for a period of two months;

(d) if he has completed not less than eight but less than ten years’ service—of a sum not exceeding the amount of his pay for a period of three months; or

(e) if he has completed not less than ten but less than fifteen years’ service—of asum not exceeding the amount of his pay for a period equal to three-tenths of one month in respect of each year of service.

“(8.) Where—

(a)a member, being an officer, resigns after he has completed not less than ten but less than fifteen years’ service or, not being an officer, is discharged for the following reason, namely, that he has requested his discharge, after he has completed not less than ten but less than fifteen years’ service;

 

(b) the member is not eligible for leave under sub-regulation (1.) of this regulation or for a payment under sub-regulation (2.) of this regulation; and

(c) the Naval Board is satisfied that his resignation or discharge is justified by domestic or other pressing necessity,

the Naval Board may authorize payment to the member of a sum not exceeding the amount of his pay for a period equal to three-tenths of one month in respect of each year of service.

“(9.) Where—

(a) a member who has completed not less than four but less than fifteen years’ service dies; or

(b)the Naval Board, after consideration of all the circumstances, directs that the death of such a member be presumed,

the Naval Board may authorize payment to the dependants of the member of a sum not exceeding the amount of pay which the Naval Board could have authorized to be paid to the member under sub-regulation (2.) of this regulation if—

(c) he had ceased, otherwise than by death, to be a member on the date of his death or, where the Naval Board has directed that the death of the member be presumed, on a date determined by the Naval Board; and

(d) in the case of a member who had not attained at that date the age for his compulsory retirement—he had attained that age.

“(10.) In the application of this regulation in relation to a member whose prescribed age of compulsory retirement is extended, references to the age for his compulsory retirement shall be read as references to the age that would be the age for his compulsory retirement but for that extension.”.

(2.) Sub-regulation (2.) of regulation 248 of the Naval Financial Regulations as amended by these Regulations applies in relation to a member—

(a) who, on or after the twenty-fifth day of June, 1968, ceased to be a member on or subsequent to his attaining the age for his compulsory retirement; and

(b)who had completed not less than four but less than eight years’ service immediately prior to his ceasing to be a member,

as if sub-regulations (1.), (2.) and (3.) of that regulation had come into force on that date.

(3.) Sub-regulation (4.) of regulation 248 of the Naval Financial Regulations as amended by these Regulations applies in relation to a member—

(a) who retired from the Service on or after the seventeenth day of November, 1967;

(b) who had completed not less than four but less than eight years’ service immediately before his retirement; and

(c) who was not entitled to a payment on retirement under regulation 248 of the Naval Financial Regulations as in force on the date of his retirement,

as if it had come into force on the seventeenth day of November, 1967.

(4.) Where—

(a) a member died, or the Naval Board directed that the death of a member was to be presumed to have occurred, on or after the seventeenth day of November, 1967;

(b) the member had completed not less than four but less than eight years’ service immediately before his death or the date on which he is to be presumed to have died; and

 

(c) a payment has not been made to his dependants under sub-regulation (6.) of regulation 248 of the Naval Financial Regulations as in force on the date of his death or the date on which he is to be presumed to have died, as the case may be, and that sub-regulation does not enable a payment to be made under it to his dependants,

sub-regulation (9.) of regulation 248 of the Naval Financial Regulations as amended by these Regulations applies in relation to the member as if that regulation had come into force on the seventeenth day of November, 1967.

(5.) In sub-regulation (2.) of this regulation, a reference to the age for the compulsory retirement of a member shall be read in like manner as that expression is required to be read in regulation 248 of the Naval Financial Regulations as amended by these Regulations.

Effect of prior grant of leave in lieu of pay to certain officers.

12. Regulation 249 of the Naval Financial Regulations is repealed.

Definitions.

13. Regulation 263 of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (a) of the definition of “training year” the words “, other than a member of the Royal Australian Fleet Reserve”;

(b) by omitting from paragraph (b) of that definition the words “or a member of the Royal Australian Fleet Reserve”; and

(c) by omitting from paragraph (b)of that definition the words “or that Reserve”.

General conditions of service.

14. Regulation 266 of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) Where—

(a) a member immediately upon becoming a member commences to render a period of continuous full time naval service to which regulation 264 of these Regulations applies; and

(b)the member had, immediately before becoming a member, retired from the Permanent Naval Forces on or subsequent to his having attained the age for his compulsory retirement,

Part XIII. applies in relation to him as if his period of service in the Permanent Naval Forces and his period of continuous full time naval service in the Naval Emergency Reserve Forces or the Citizen Naval Forces that commences immediately after his retirement from the Permanent Naval Forces were one continuous period of full time naval service in the Naval Emergency Reserve Forces or the Citizen Naval Forces.

“(3.) In the application of this regulation in relation to a member whose prescribed age of compulsory retirement is extended, references to the age for his compulsory retirement shall be read as references to the age that would be the age for his compulsory retirement but for that extension.”.

15.—(1.) Regulation 280 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Locum tenens allowance.

“280. Where an officer of the Medical Branch or the Dental Branch of the Naval Emergency Reserve Forces or the Citizen Naval Forces employs, while rendering naval service, a locum tenens for a period of not less than three days,

an allowance, called ‘locum tenens allowance’, is payable to that officer at the rate of—

(a) if the officer is an officer of the Medical Branch—Twenty-two dollars per day; or

(b)if the officer is an officer of the Dental Branch—Fourteen dollars and seventy cents per day.”.

(2.) Locum tenens allowance is payable to an officer of the Medical Branch at the rate specified in regulation 280 of the Naval Financial Regulations as amended by these Regulations in respect of service on the first day of November, 1968, or any subsequent day.

Heading to Division 4 of Part XVI.

16. The heading to Division 4 of Part XVI. of the Naval Financial Regulations is repealed and the following heading inserted in its stead:—

“Division 4.—Annual Allowances, Grants, Training Fees, Gratuities and Bounties.”.

Retainers.

17. Regulation 285 of the Naval Financial Regulations is repealed.

Allowances, &c., not payable in respect of continuous full-time navel service.

18. Regulation 289 of the Naval Financial Regulations is amended by omitting the word “retainer,”.

Second Schedule.

19. The Second Schedule to the Naval Financial Regulations is amended—

(a) by inserting after the words and figures—

“Sub-regulations (1.) and (5.) of regulation 93.”

the words and figures—

“Sub-regulations (1.) and (2.) of regulation 94a.”; and (b) by omitting the words and figures—

“Sub-regulations (2.), (3.) and (4.) of regulation 217.

Sub-regulation (1.) of regulation 221.

Regulation 228.”.

Transitional.

20. Where, if regulations 3, 4, 5 and 6 of these Regulations had come into force on the twenty-ninth day of November, 1968, a man would have been entitled to be paid accommodation allowance in respect of the period from and including that date to and including the day immediately before the commencement of these Regulations or in respect of a part of that period, the man is, by virtue of this regulation, entitled to be paid an amount equal to the amount by which the amount of the accommodation allowance that would have been so payable to him would have exceeded the amount or sum of the amounts of whichever of the following allowances were paid or payable to him in respect of that period or that part of that period:—

Living out away from home allowance

Living out allowance

Supplementary living out allowance

Retention of lodgings allowance.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra