Naval Financial Regulations (Amendment) (Cth)
STATUTORY RULES
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
Dated this sixteenth day of April, 1969.
CASEY
Governor-General.
By His Excellency’s Command,
C. R. KELLY
Minister of State for the Navy.
_______
Amendments of the Naval Financial Regulations
“Division 5.—Miscellaneous Allowances (Regulations 117-122).”
and inserting in their stead the words and figures—
“Division 5.—Miscellaneous Allowances (Regulations 117-122b),”.
“18.—(1.) Subject to the succeeding sub-regulations of this regulation, an allowance, called ‘command money’, is payable to an officer who holds a rank and appointment specified in the first column of the following table at the rate specified in the second column of that table in relation to that rank and appointment:—
First column | Second column | |
Rank and Appointment | Rate per day | |
$ | ||
1. | Commodore, or Captain, appointed in command of a large ship or a group of large ships......................................................................................................................................................... | 2.00 |
2. | Captain (including a Captain in receipt of pay at a consolidated rate of pay) appointed as Captain (D) or Captain (F).......................................................................................................... | 2.00 |
3. | Captain (including a Captain in receipt of pay at a consolidated rate of pay) appointed in command of a ship or a group of ships, not being an appointment of a kind referred to in a preceding item in this table..................................................................................................... | 1.40 |
4. | Commander appointed in command of a ship........................................................................ | 1.00 |
5. | Lieutenant-Commander or Lieutenant appointed in command of a ship........................... | 0.60 |
6. | Sub-Lieutenant appointed in command of a ship................................................................... | 0.40 |
“(2.) Command money is payable—
(
and
(
___________________________________________________________________________________
* Notified in the
Statutory Rules 1956, No. 88, as amended to date. For previous
amendments of the Naval Financial Regulations
22098/68—Price 10c 10/25.3.69
“(3.) Where—
(
(
b ) an officer is placed temporarily in command, without formal appointment, of a ship or group of ships; or
(
the Naval Board may approve payment of command money to the officer as if the officer were an officer appointed in command of the ship or group of ships and, if the Naval Board does so, command money is payable to the officer at the rate specified in sub-regulation (1.) of this regulation or, if the Naval Board determines that it is to be payable at a lower rate, at that lower rate.
“(4.) In this regulation, ‘large ship’ means a ship determined by the Naval Board to be a large ship, or included in a class of ships determined by the Naval Board to be large ships, for the purpose of this regulation.”.
(2.) The officer in receipt of command money, in relation to the command of H.M.A.S. Stalwart, for the period from and including the ninth day of February, 1968, to and including the day immediately before the commencement of these Regulations, is, by virtue of this sub-regulation, entitled to be paid additional command money for that period at the rate of Sixty cents per day.
(
“(3.) Where—
(
(
b ) there is an order of a court against the member for the maintenance of his wife or children at a rate exceeding One dollar sixty-five cents per day; and(
c ) an allotment, at a rate exceeding One dollar sixty-five cents per day, in or towards satisfaction of the order has been made by the member and is in force, or sums are being paid in or towards satisfaction of the order in pursuance of a direction in force under regulation 88a of these Regulations, marriage allowance is payable to the member at a rate equivalent to—(
d )if the rate of the allotment is not less than Two dollars sixty-five cents per day—the full rate of marriage allowance; or(
e ) if the rate of the allotment is less than Two dollars sixty-five cents per day—the amount by which the rate of the allotment exceeds One dollar sixty-five cents per day.”; and
(
“(5.) Where—
(
a )the marriage of a member has been terminated by divorce or has been annulled;(
b ) the member’s former wife has custody of the children of the marriage or the annulled marriage;(
c ) there is an order of a court against the member for the maintenance of his former wife and the children of the marriage or the annulled marriage or the maintenance of those children at a rate exceeding One dollar sixty-five cents per day; and(
d )an allotment, at a rate exceeding One dollar sixty-five cents per day, in or towards satisfaction of the order ‘has been made by the member and is in force, or sums are being paid in or towards satisfaction of the order in pursuance of a direction in force under regulation 88a of these Regulations,
marriage allowance is payable to the member at a rate equivalent to—
(
e ) if the rate of the allotment is not less than Two dollars sixty-five cents per day—the full rate of marriage allowance;
or
(
f ) if the rate of the allotment is less than Two dollars sixty-five cents per day—the amount by which the rate of the allotment exceeds One dollar sixty-five cents per day.”.
(2.) Subject to the next succeeding sub-regulation, where—
(
a )a member would have been entitled to be paid marriage allowance in respect of a day on or after the eighth day of January, 1965, and before the commencement of these Regulations if the amendments of the Naval Financial Regulations effected by the last preceding sub-regulation had been in force on that day; and(
b )the rate of the member’s allotment in or towards satisfaction of the order of a court, or the rate at which sums were being paid in or towards satisfaction of the order of a court in pursuance of a direction under regulation 88a of the Naval Financial Regulations, as the case may be, was not less than Two dollars sixty-five cents per day,
the member is, by virtue of this sub-regulation, entitled to be paid marriage allowance in respect of that day at a rate equal to the full rate of marriage allowance under the Naval Financial Regulations as in force on that day.
(3.) In applying the last preceding sub-regulation in relation to a member in respect of a day in the period from and including the eighth day of January, 1965, to and including the day immediately before the commencement of these Regulations, sub-regulations (3.) and (5.) of regulation 80 of the Naval Financial Regulations as amended by these Regulations shall be read as if the references to One dollar sixty-five cents were read as references to—
(
a ) if the day is a day in the period from and including the eighth day of January, 1965, to and including the twenty-first day of July, 1966—One dollar fifty cents;(
b )if the day is a day in the period from and including the twenty-second day of July, 1966, to and including the sixth day of July, 1967—One dollar fifty-seven cents; and(
c ) if the day is a day in the period from and including the seventh day of July, 1967, to and including the twenty-fourth day of October, 1968—One dollar sixty cents.
(
a ) by omitting from paragraph (d )of sub-regulation (4.) the word “or”; and(
b ) by adding at the end thereof the following word and paragraph:—“;or(f) the member, being a member who is employed as a resident medical practitioner at a hospital, is, or is entitled to be, provided with meals and accommodation, without expense to the member, in connection with that employment.”.
“117b.—(1.) Subject to this regulation, an allowance, called ‘submarine escape training tank instructor’s allowance’, is payable to a man who has the qualifications determined by the Naval Board to be the qualifications required by a Submarine Escape Training Tank Instructor 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.
“(2.) The rate at which submarine escape training tank instructor’s allowance is payable is 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 a period spent in a submarine escape training tank on 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.”.
(2.) Where a member was in receipt of education allowance in respect of the attendance of a child at a school as a boarder during the period from and including the first day of January, 1968, to and including the thirty-first day of December, 1968, or during a part of that period—
(
a ) the Naval Board shall determine the amount that it would have considered reasonable for the purposes of paragraph (a ) of sub-regulation (2a.) of regulation 122 of the Naval Financial Regulations if the amount specified in that paragraph had been One thousand one hundred and fifteen dollars; and(
b )the member is, by virtue of this sub-regulation, entitled to be paid a sum equal to the amount by which the amount so determined is greater than the amount of education allowance paid in respect of the attendance of the child at a school as a boarder during that period or that part of that period.
“122b.—(1.) The Minister may, having regard to the special nature of a member’s duties or appointment or to any other circumstances, authorize payment to the member of a special allowance if no other allowance is payable to the member under these Regulations in respect of the duties, appointment or circumstances.
“(2.) An allowance under the last preceding sub-regulation is payable at such rates, for such periods and subject to such conditions as the Minister determines.”.
“(6.) Where an officer is appointed Military Secretary to the Governor-General, he shall be paid an allowance, called ‘Military Secretary’s outfit allowance’, of an amount calculated in accordance with such method as the Naval Board determines.”.
“233. Subject to the succeeding provisions of this Division, where a married member is appointed or drafted for shore service or general service oversea and it is intended that the duration of that service at the oversea destination will be not less than twelve months, his family shall, if the Minister approves, be provided at the expense of the Department with passages to and from the oversea destination of the member.”.
“240b.—(1.) The next succeeding sub-regulation applies to and in relation to a member—
(
(
(
c ) who is separated or divorced from his wife, or whose marriage has been annulled, and who has the custody of and voluntarily maintains his children,
and who is serving on long term duty in an oversea country.
“(2.) Where passages are provided at the expense of the Department for a child of a member to whom this sub-regulation applies between the place where the child is ordinarily residing and the place where the member is serving, the member is, in such circumstances as the Naval Board determines, liable to reimburse the Commonwealth an amount ascertained in such manner as the Naval Board determines on account of the cost of those passages.
“(3.) Where a member is liable to reimburse the Commonwealth an amount under the last preceding sub-regulation, an amount equal to that amount may be deducted from moneys that are or become due to him by the Commonwealth in respect of his service.”.
“Member’s Period of Service |
|
“Not less than eight but less than ten years............. | Three months. |
“Not less than ten but less than fifteen years |
|
(2.) Regulation 248 of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:—
“(7.) Where—
(
a )the resignation of a member, being an officer, becomes effective after the member has completed not less than ten but less than fifteen years’ service; or(
b )a member, not being an officer, who has completed not less than ten but less than fifteen years’ service is discharged for the following reason, namely, that he has requested his discharge,
and the member satisfies the Naval Board that his resignation or discharge was justified by domestic or other pressing necessity, the Naval Board may authorize payment to the member of a sum not exceeding his pay for a period equal to three-tenths of one month in respect of each completed year of his period of service.”.
(3.) Subject to the next succeeding sub-regulation, the amendments of regulation 248 of the Naval Financial Regulations effected by the preceding sub-regulations of this regulation apply to and in relation to a member who retired from the Permanent Naval Forces, whose resignation from those Forces became effective or who was discharged from those Forces on or after the third day of November, 1967.
(4.) The amendment of regulation 248 of the Naval Financial Regulations effected by sub-regulation (1.) of this regulation does not apply in relation to a member whose period of service was, on the twenty-sixth day of October, 1966, not less than ten years.
“250a.—(1.) In this regulation, ‘leave’ means home service leave, foreign service leave or leave under regulation 144 of the Naval Forces Regulations.
“(2.) Subject to the next succeeding sub-regulation, the Naval Board may authorize payment to a member, upon the termination (otherwise than by reason of his death) of the services of the member, of a sum equal to the amount of pay that would be payable to the member for a period of service equal to the period of leave that could have been granted to the member immediately before the termination of his services if he had continued to serve in the Naval Forces for that period.
“(3.) Where a member is sentenced by a court-martial or a commanding officer to be dismissed and the services of the member are terminated by the confirmation or approval of that sentence—
(
a )if the period of leave that could have been granted to the member immediately before the termination of his services, assuming that he were to continue to serve in the Naval Forces for that period, exceeds the period of leave that accrued in respect of his services from and including the first day of February immediately preceding the date on which his services are terminated—the period of service for which pay may be paid to the member under the last preceding sub-regulation is a period equal to the excess; or(
b )in any other case—the member is not entitled to payment of any amount under the last preceding sub-regulation.
“(4.) Where—
(
(
b ) the Naval Board has directed, after consideration of all the circumstances, that a member shall be presumed to have died on a particular date,
the Naval Board may authorize payment to the member’s dependants of an amount equal to the amount, if any, that could have been authorized to be paid to him under sub-regulation (2.)of this regulation if he had ceased to be a member otherwise than by reason of his death on the day on which he died or is to be presumed to have died.
“250b.—(1.) In this regulation, ‘leave’ has the same meaning as in the last preceding regulation.
“(2.) Where the services of a member are terminated and the member has, before the termination of his services, been granted leave for a period, or for periods amounting in the aggregate to a period, that exceeds the period of leave to which the member is entitled under the Naval Forces Regulations in respect of his period of continuous full time naval service—
(
a ) if the member has received pay in respect of any part of that period of leave that is included in the excess—the Commonwealth is entitled to recover from the member, as a debt due by him to the Commonwealth, an amount equal to the amount of that pay; and(
b ) if the member has not received pay in respect of any part of that period of leave that is included in the excess—pay is not payable to the member in respect of that part of that period of leave.
“(3.) Paragraph (
(
a ) in relation to a member who ceases to be a member by reason of his death or by reason of the Naval Board directing that the death of the member is to be presumed to have occurred; or(
b ) in relation to a period of leave that is included in the excess if the member was required to take that period of leave as a result of the exigencies of his service.
“(4.) Where the Commonwealth is entitled to recover an amount from a member under sub-regulation (2.) of this regulation, the amount may be deducted from moneys that are or become due to him by the Commonwealth in respect of his service.”.
(2.) Regulation 250a of the Naval Financial Regulations as amended by the last preceding sub-regulation applies to and in relation to a member who died, or in respect of whom the Naval Board has directed that the member is to be presumed to have died, on the sixth day of January, 1967. or any subsequent day.
“‘the Women’s Royal Australian Naval Service Officer Training Scheme’ means the scheme, known as the Women’s Royal Australian Naval Service Officer Training Scheme, approved by the Naval Board for training selected servicewomen as officers of the Women’s Royal Australian Naval Service;”.
“(2.) Where, in the case of a Third Officer who was appointed an officer under the Women’s Royal Australian Naval Service Officer Training Scheme, the daily rate of active pay that was payable to her on the day immediately preceding her appointment as an officer under that scheme exceeds the rate of active pay that would, but for this sub-regulation, be payable to her under sub-regulation (1.) of this regulation, the daily rate of active pay payable to her is that higher rate and, where she is paid at that rate, she is not eligible to be paid active pay under sub-regulation (1.) of this regulation.
“(3.) The last preceding sub-regulation applies to and in relation to an officer who was appointed an officer under the Women’s Royal Australian Naval Service Officer Training Scheme on or before the first day of March, 1968, as if the reference to the daily rate of active pay that was payable to her on the day immediately preceding her appointment were read as a reference to the daily rate of active pay that was payable on the first day of March, 1968, to a servicewoman who held the same rating as the officer, and was included in the Category of the Branch in which the officer was included, immediately preceding her appointment.”.
“(4.) The daily rate of active pay of a servicewoman undergoing training under the Women’s Royal Australian Naval Service Officer Training Scheme is the daily rate of active pay specified in Table 2 in the Fifteenth Schedule to these Regulations in relation to a servicewoman holding the rating of Leading Wran and included in Group I or the daily rate of active pay that was payable to her under these Regulations on the day immediately before the day on which she commenced that training, whichever is the higher rate.”.
(
“(1a.) Where a medical officer engages, with the approval of the Naval Board, in employment as a resident medical practitioner at a hospital and the officer is remunerated for that employment, the medical officer is liable to pay to the Commonwealth so much of the amount of that remuneration as does not exceed the amount of active pay and allowances payable to him under these Regulations in respect of the period of that employment.”; and
(
b )by omitting from sub-regulation (2.) the words “the last preceding sub-regulation” and inserting in their stead the words “either of the last two preceding sub-regulations”.
(
a )by inserting alter the words and figures—
“Sub-regulations
(1a.) and (6.) of regulation 9
the following words and figures—
“Sub-regulation (2.) of regulation 18.”;
(
b )by inserting after the word and figures—
“Regulation 122.”
the following words and figures—
“Sub-regulation (2.) of regulation 122b.”; and
(
c ) by omitting the words and figures—
“Sub-regulations (1.), (3.), (4.) and (5.) of regulation 171.”
and inserting in their stead the words and figures—
“Sub-regulations
(1
Printed for the Government of the Commonwealth by W. G. Murray at the
Government Printing Office, Canberra
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