Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1968 No. 104

_______

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 fifth day of September, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

G.R. KELLY

Minister of State for the Navy.

________

 

Interpretation.

Amendments of the Naval Financial Regulations 

1. Regulation 4 of the Naval Financial Regulations is amended by inserting in the definition of “intended” in sub-regulation (1.), after the word “transfer”, the words “and in relation to a period of duty in a country”.

Officer on Half-pay List.

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 Regulation 17 of the Naval Financial Regulations is repealed.

Allowances payable to members serving oversea.

3. Regulation 105 of the Naval Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where a member is appointed or drafted for duty oversea and the duration of the period of duty is intended to be more than six months, he may be paid oversea living allowance and such other allowances as the Naval Board determines.”.

District allowance.

4.—(1.) Regulation 107 of the Naval Financial Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Subject to the succeeding sub-regulations of this regulation, an allowance, called ‘district allowance’ is payable, subject to such conditions and for such period as the Naval Board determines, to a member who is appointed or drafted for service in, and resides in, or who, having been appointed or drafted for service in, has resided in, an isolated district at the rate per day specified, according to the grade of the isolated district and his marital and living conditions, in the following table:—

Grade of isolated district	Member living out		Member living in
	Married member	Member other than a married member
$	$	$
I.........................................................................................	0.28	0.13	0.09
II........................................................................................	0.38	0.19	0.13
III.......................................................................................	0.58	0.30	0.21
IV......................................................................................	0.77	0.44	0.31
V........................................................................................	0.98	0.55	0.38
VI......................................................................................	1.32	0.77	0.53
VII.....................................................................................	1.78	1.10	0.77”.

* Notified in the Commonwealth Gazette on  1968.  

Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote   to Statutory Rules 1968, No. , and see also Statutory Rules 1968, No. .

17066/68—Price 10c 10/8.7.1968

(2.) Regulation 107 of the Naval Financial Regulations is amended by omitting sub-regulations (5.), (6.), (7.), (8.), (9.), (9a.), (9b.), (10.), (11.), (12.) and (13.) and inserting in their stead the following sub-regulations:—

“(5.) Where a member lives out in an isolated district and is required to live in temporarily in that district, he shall, while he so lives in, be paid the rate of district allowance payable to him under this regulation while living out, but that rate of allowance ceases to be payable—

(a)in the case of a married member whose family resides in the district —if and when his family leaves the district; or

(b) in the case of any other member—after thirty days.

“(6.) Where a member would, but for this sub-regulation, be eligible to be paid district allowance under this regulation in respect of his own residence in an isolated district and his family’s residence in another isolated district at the same time, district allowance is not payable to him in respect of his family’s residence in that other isolated district, but, if the rate at which district allowance is payable in respect of residence in that other district is higher than the rate at which it is payable in respect of the district in which he is residing, district allowance is payable to him at that higher rate.”.

Territory allowance.

5.—(1.) Regulation 107a of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

“107a. An allowance, called ‘territory allowance’, is payable, subject to such conditions, for such period and at such rate as the Naval Board determines, to a member who is appointed or drafted for service in, and resides in, or who, having been appointed or drafted for service in, has resided in, the New Guinea area.”.

(2.) Where a member who was not in receipt of territory allowance in respect of the relevant period or a part of the relevant period under regulation 107a of the Naval Financial Regulations would have been entitled to territory allowance in respect of that period or that part of that period if regulation 107a of the Naval Financial Regulations as amended by these Regulations and the first determination made by the Naval Board for the purposes of that regulation had been in force on and after the fourteenth day of November, 1966, the member is, by virtue of this sub-regulation, entitled to be paid territory allowance in respect of that period or that part of that period as if the amendment of the Naval Financial Regulations effected by the last preceding sub-regulation and the first determination made by the Naval Board for the purpose of the regulation inserted in the Naval Financial Regulations by that sub-regulation had come into force on that date.

(3.) Where—

(a) a member was in receipt of territory allowance in respect of the relevant period or a part of the relevant period under regulation 107a of the Naval Financial Regulations; and

(b)the amount of territory allowance paid or payable to the member in respect of that period or that part of that period under that regulation is less than the amount of territory allowance that would have been payable to the member in respect of that period or that part of that period if the amendment of the Naval Financial Regulations effected by sub-regulation (1.) of this regulation and the first determination made by the Naval Board for the purpose of the regulation inserted in the Naval Financial Regulations by that sub-regulation had come into operation on the fourteenth day of November, 1966,

the member is, by virtue of this sub-regulation, entitled to be paid an amount equal to the difference.

(4.) Where—

(a) a member who was in receipt of territory allowance immediately before the commencement of these Regulations is entitled to be paid territory allowance under regulation 107a of the Naval Financial Regulations as amended by these Regulations; and

(b)the rate at which territory allowance would, but for this sub-regulation, be payable to the member under that regulation is less than the rate at which territory allowance would be payable to the member if regulation 107a of the Naval Financial Regulations as in force immediately before the commencement of these Regulations had not been repealed,

the rate at which territory allowance is payable to the member under regulation 107a of the Naval Financial Regulations as amended by these Regulations is the higher rate.

(5.) In this regulation, ‘the relevant period’ means the period from and including the fourteenth day of November, 1966, to and including the day immediately before the date of commencement of these Regulations.

Education allowance.

6.—(1.) Regulation 122 of the Naval Financial Regulations is amended—

(a)by omitting from paragraph (a) of sub-regulation (2a.) the words “Eight hundred and sixty dollars” and inserting in their stead the words “One thousand and fifty-five dollars”;

(b)by omitting from paragraph (b) of sub-regulation (2a.) the words “One hundred and forty-six dollars and sixty-seven cents” and inserting in their stead the words “One hundred and sixty-eight dollars thirty-three cents”; and

(c) by omitting from paragraph (c) of sub-regulation (2a.) the words “One hundred and forty-six dollars and sixty-seven cents” and inserting in their stead the words “One hundred and sixty-eight dollars thirty-three cents”.

(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, 1966, to and including the thirty-first day of December, 1966, 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 Nine hundred and seventy-five 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.

Application.

(3.) Education allowance is payable in accordance with regulation 122 of the Naval Financial Regulations in respect of the attendance of a child at a school on or after the first day of January, 1967 as if the amendments of that regulation effected by sub-regulation (1.) of this regulation had come into operation on the first day of January, 1967.

Payment of accumulated deferred pay.

7. Regulation 155 of the Naval Financial Regulations is amended by omitting sub-regulation (2.).

Oversea outfit allowance.

8. Regulation 177 of the Naval Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where a member is appointed or drafted for duty oversea or is ordered to proceed oversea for a period of duty in an oversea country and the duration of the period of duty is intended to be six months or less, he shall, subject to the approval of the Naval Board, be paid an allowance, called ‘oversea outfit allowance’, for the purpose of wholly or partially reimbursing him for expenses necessarily incurred by him in purchasing travelling equipment or additional clothing.”.

Officer dismissed ship.

9. Regulation 192 of the Naval Financial Regulations is repealed.

Officer dismissed ship.

10. Regulation 205 of the Naval Financial Regulations is repealed.

Medical and dental treatment.

11. Regulation 244 of the Naval Financial Regulations is amended by omitting paragraph (a) of sub-regulation (2.).

Deductions from pay and allowances

12. Regulation 303 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

“303. The pay and allowances of a member of the Naval Forces are payable without any deduction other than a deduction authorized—

(a) by the Act;

(b) by these Regulations;

(c) by another Act or regulations made under another Act;

(d)by the Naval Discipline Act in its application to and in relation to the Naval Forces and the members of those Forces; or

(e)by the Queen’s Regulations and Admiralty Instructions in their application to and in relation to the Naval Forces and the members of those Forces.”.

Second Schedule.

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

(a) by omitting the words and figures—

“Sub-regulation (3.) of regulation 107.”

and inserting in their stead the words and figures—

“Sub-regulations (3.) and (4.) of regulation 107.”

“Regulation 107a.”; and

(b) by omitting the words and figures—

“Sub-regulation (2.) of regulation 177.”.

Transitional provision—district allowance.

14.—(1.) Where—

(a) a member in receipt of district allowance by reason of having been appointed or drafted for service in a particular isolated district was, on or after the twenty-fifth day of October, 1965, and before the commencement of these Regulations, appointed or drafted for service outside that isolated district;

(b)the member ceased to reside in that isolated district before the commencement of these Regulations; and

(c) the member was, by reason of the exigencies of naval service, required to defer until after he had ceased to reside in that isolated district a period of home service leave that he desired to take before he ceased

to reside in that isolated district or immediately following his departure from that district,

the member is entitled to be paid district allowance at the rate at which district allowance was payable to him immediately before he ceased to reside in that isolated district in respect of a period of home service leave equal to, or periods of home service leave amounting in the aggregate to, the relevant period, being a period or periods of home service leave that he has taken, whether before or after the commencement of these Regulations.

(3.) In the last preceding sub-regulation, “the relevant period”, in relation to a member and to the isolated district to which that sub-regulation relates in the case of the member, means the period equal to the period of home service leave that accrued to the member in respect of his service in the isolated district or the period of home service leave standing to the credit of the member immediately before he ceased to reside in the isolated district, whichever is the less.

                                

__________________

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra