Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1967 No.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1966.*

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 1910–1966.

Dated this twentieth day of April, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

DON CHIPP

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations  

Parts.

1. Regulation 3 of the Naval Financial Regulations is amended—

(a) by omitting the words—

“Division 1.—Men other than Apprentices (Regulations 31-78)”.

and inserting in their stead the words—

“Division 1.—Men other than Apprentices (Regulations 31-77).”; and

(b) by omitting the words—

“Part VI.—Miscellaneous Payments and Supplies (Regulations 134-150).”

and inserting in their stead the words—

“Part VI.—Miscellaneous Payments and Supplies (Regulations 134-149).”.

Interpretation.

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

(a) by omitting from sub-regulation (1.) the definition of “child” and inserting in its stead the following definition:—

“‘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 stepchild of the member; or

 

* Notified in the Commonwealth Gazette on , 1967.

  Statutory Rules 1956, No. 88, as amended to date. For previous amendment of the Naval Financial Regulation, see footnote   to Statutory Rules 1967, No. 21, and see also Statutory Rules 1967, No. 21.

12069/65—Price 10c (1s.) 9/22.3.1967

(d) a legally adopted child of the member,

who has not attained the age of 16 years;”; and

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

“‘Topmen’s Training Scheme’ means the scheme, known as the Topmen’s Training Scheme, approved by the Naval Board for training selected men for appointment as officers of the Permanent Naval Forces;”.

Minimum increase allowance.

3. Regulation 9a of the Naval Financial Regulations is repealed.

Men—general scale of active pay.

4. Regulation 31 of the Naval Financial Regulations is amended—

(a) by inserting in sub-regulation (1.), after the words “Electrical Branch”, the words “,the Dental Mechanic Branch”; and

(b) by omitting sub-regulations (1a.) and (2.) and inserting in their stead the following sub-regulations:—

“(2.) A Junior Recruit, Recruit (Junior Musician), Junior Musician or a man undergoing training under the Topmen’s Training Scheme is entitled to draw only such part of his active pay as his Commanding Officer approves, and the remainder of his active pay shall be held to his credit in his pay account.

“(3.) Subject to sub-regulation (5.) of this regulation, the amount held to the credit of a Junior Recruit, a Recruit (Junior Musician) or a Junior Musician in accordance with the last preceding sub-regulation may be withdrawn by him from his pay account on or after the day on which he is advanced to the rating of Ordinary Seaman or an equivalent rating.

“(4.) Subject to the next succeeding sub-regulation, the amount held to the credit of a man undergoing training under the Topmen’s Training Scheme may be withdrawn by him from his pay account—

(a) in the case of a man who is not selected to enter the College as a Cadet Midshipman upon the completion of his training under that scheme—on or after the day on which he is advanced to the rating of Ordinary Seaman or an equivalent rating or he completes his training under that scheme, whichever last occurs; or

(b) in the case of a man who is selected to enter the College as a Cadet Midshipman—on or after the day on which he is promoted to the rank of Midshipman.

“(5.) Where the services of a member to whose credit an amount is held under sub-regulation (2.) of this regulation are terminated before he becomes entitled to withdraw the amount, the amount shall be paid to the member.

“(6.) In this regulation, references to a man shall be read as references to a man who is not an Apprentice.”.

Artisan and Mechanic Branches—active pay.

5. Regulation 34 of the Naval Financial Regulations is amended by omitting the words “, the Joiner Branch or the Dental Mechanic Branch” and inserting in their stead the words “or the Joiner Branch”.

Tailor’s allowance.

6. Regulation 55 of the Naval Financial Regulations is repealed.

Boom Defence Officer’s Writer allowance.

7. Regulation 58 of the Naval Financial Regulations is repealed.

Instructional flying pay.

8. Regulation 74 of the Naval Financial Regulations is repealed.

9. Regulation 76 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Aircrewman flying allowances.

“76. Subject to such conditions as the Naval Board determines—

(a) an allowance, called ‘aircrewman flying allowance’, at the rate of Thirty-five cents per day; and

(b) an allowance, called ‘special qualification allowance’, at the rate of Forty cents per day,

is payable to an aircrewman in respect of a period during which he is drafted, for flying duties, to an anti-submarine squadron operating fixed-wing aircraft or helicopters, not being a period for which the allowances provided for by regulation 76b of these Regulations are payable to him.”.

Winch Operator’s flying pay.

10. Regulation 76a of the Naval Financial Regulations is amended by inserting after the words “provided for” the words “by the last preceding regulation or”.

Re-engagement bonus.

11. Regulation 78 of the Naval Financial Regulations is repealed.

Apprentices—active pay and allowances.

12. Regulation 79 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (2.) the word “From” and inserting in its stead the words “Subject to the next succeeding sub-regulation, from”; and

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(2a.) An Apprentice undergoing training under the Top-men’s Training Scheme is entitled to draw only such part of his active pay as his Commanding Officer approves, and the remainder of his active pay shall be held to his credit in his pay account.

“(3.) The amount held under sub-regulation (2.) of this regulation to the credit of an Apprentice (not being an Apprentice who is undergoing training under the Topmen’s Training Scheme) may be withdrawn by him from his pay account on or after the day on which he is advanced to the rating of Artificer, Third Class, or an equivalent rating or his service is terminated, whichever first occurs.

“(3a.) Sub-regulations (4.) and (5.) of regulation 31 of these Regulations apply to and in relation to the amount held to the credit of an Apprentice under sub-regulation (2a.)of this regulation as if the Apprentice were a man who is not an Apprentice and the amount had been held to the credit of his pay account under that regulation.”.

Education allowance.

13. Regulation 122 of the Naval Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(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 18 years.”.

Supply of billiard tables in messes.

14. Regulation 126 of the Naval Financial Regulations is repealed.

15. Regulations 149 and 150 of the Naval Financial Regulations are repealed and the following regulation is inserted in their stead:—

Courses of study.

“149.—(1.) Where a member, with the approval of the Naval Board, undertakes a course of study or training related to his duties in the Permanent Naval Forces, such fees and expenses of and incidental to the course as the Naval Board directs are, subject to such conditions as the Naval Board determines, payable by the Department.

“(2.) Where an officer was, immediately before his entry into the Service, an undergraduate at a university or a student at a technical college and the officer continues his course of studies at the university or technical college after his entry into the Service, such fees and expenses of and incidental to the continuation of the course as the Naval Board directs are, subject to such conditions as the Naval Board determines, payable by the Department.

“(3.) Subject to such conditions as the Naval Board determines, where a member undertakes a course of study or training other than a course related to his duties in the Permanent Naval Forces, the fees of and incidental to the course are, if the Naval Board so approves, payable, to the extent determined by the Naval Board, by the Department.

“(4.) Where any fees and expenses of or incidental to a member’s course of study are payable by the Department under this regulation and the member engages, in connexion with that course of study, in civilian employment, the member is liable to pay to the Commonwealth an amount equal to the remuneration received by him in respect of that employment or so much 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 the employment, whichever is the less.

“(5.) Without prejudice to the right of the Commonwealth to recover an amount payable by a member to the Commonwealth under the last preceding sub-regulation by any other means, that amount may be deducted from the pay and allowances that are or become payable under these Regulations to the member.”.

Allowance or issue to man on change of uniform.

16. Regulation 174 of the Naval Financial Regulations is amended by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) A Chief Petty Officer who is transferred to the Naval Dockyard Police may be paid outfit allowance of an amount calculated in accordance with a method determined by the Naval Board.”.

17. Regulation 196 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Mileage allowance.

“196. Where a member travels on duty in his own motor vehicle, an allowance, called ‘mileage allowance’, is payable at such rates, and subject to such conditions, as the Naval Board determines.”.

18. After regulation 200 of the Naval Financial Regulations the following regulation is inserted:—

Travel on termination of service.

“200a. Subject to this Division, where a member, other than a member whose service is terminated on disciplinary grounds or on the ground that he is medically unfit through his own fault, is transported to a place at the expense of the Department under regulation 193 of these Regulations, or is reimbursed by the Department under that regulation in respect of his fare to a place, and the time necessarily involved in his travelling to that place extends overnight, travelling allowance is payable in respect of the period of that travel.”.

Meat allowance.

19. Regulation 211 of the Naval Financial Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) a member—

(i) travels to a place on duty or detached duty;

(ii) is transported to a place at the expense of the Department under regulation 193 of these Regulations; or

(iii) is reimbursed by the Department in respect of his fare to a place under that regulation,

in such circumstances that an allowance is not payable to him under the preceding provisions of this Division in respect of his travelling to that place; or”.

20. After regulation 224 of the Naval Financial Regulations the following regulation is inserted:—

Travel on compassionate grounds.

“224a.—(1.) Subject to the next succeeding sub-regulation and to such conditions as the Naval Board determines, passages to and from Australia may be provided at the expense of the Department for the wife of a member serving in an oversea country to enable her to visit Australia.

“(2.) Passages shall not be provided under the last preceding sub-regulation for the wife of a member unless a passage for the wife to the

oversea country was provided at the expense of the Department under this Division or the member was reimbursed, under regulation 235 of these Regulations, in respect of her passage to the oversea country and—

(a) the Naval Board, being of opinion that compassionate leave would be granted to the member to enable him to visit Australia if he were to apply for that leave and it were not inappropriate, having regard to the duties on which he is engaged, for him to be granted that leave, has approved the provision of the passages;

(b) compassionate leave has been granted to the member to enable him to visit Australia but the member has, with the consent of his commanding officer, agreed to forego that leave if passages to and from Australia are provided for his wife at the expense of the Department; or

(c) the member has been refused compassionate leave to enable him to visit Australia on the ground that, having regard to the duties on which he is engaged, it is inappropriate for him to be granted leave to travel to Australia.”.

Interpretation.

21. Regulation 225 of the Naval Financial Regulations is amended—

(a) by omitting the word “three” and inserting in its stead the word “four”; and

(b) by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) ‘child’, in relation to a member, means—

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

(ii) 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;

(iii) a stepchild of the member; or

(iv) a legally adopted child of the member,

who is dependent upon the member and—

(v) has not attained the age of 18 years; or

(vi) has been certified by a duly qualified medical practitioner to be a permanent invalid;”.

Interpretation.

22. Regulation 232 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1.) the definition of “child” and inserting in its stead the following definition:—

“‘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 stepchild of the member; or

(d) a legally adopted child of the member;”;

(b) by omitting from the definition of “disembarkation” in sub-regulation (1.) the words “after arrival at the oversea port”; and

(c) by omitting from the definition of “embarkation” in that sub-regulation the words “ for a journey oversea”.

23. Regulation 246 of the Naval Financial Regulations is repealed and the following regulations are inserted in its stead:—

Definitions.

“246. In this Part, unless the contrary intention appears—

‘pay’, in relation to a member or former member, means active pay at such rate, and deferred pay (if any) at such rate (being rates appropriate to the member’s rank or rating) as the Naval Board determines, and includes, subject to such conditions as the Naval Board determines, such allowances as the Naval Board determines, at such respective rates as the Naval Board determines;

‘service’ means service in the Permanent Naval Forces.

Calculation of periods of service.

“246a.—(1.) For the purposes of this Part, the period of a member’s service is a period calculated in accordance with such method as the Naval Board directs.

“(2.) Subject to the next succeeding sub-regulation, where a member has, before serving in the Permanent Naval Forces, been employed by the Commonwealth or a State or an authority of the Commonwealth or a State or has served in any branch of the Defence Force, other than the Permanent Naval Forces, the period of the member’s service, for the purposes of this Part, shall be deemed to be increased by a period (if any) calculated in accordance with a method directed by the Naval Board.

“(3.) Where a member’s employment by the Commonwealth or a State or an authority of the Commonwealth or a State was terminated on account of the member’s unsatisfactory service, the period of the member’s service for the purposes of this Part shall not be deemed to be increased by a period calculated by reference to that employment unless the Naval Board so approves.

Conduct of member to be taken into account.

“246b. The official conduct record of a member in relation to his service in the Defence Force and in relation to any employment by the Commonwealth or a State or an authority of the Commonwealth or a State that is taken to be service in the Defence Force shall be taken into consideration in determining whether the whole or any part of the furlough or extended leave or payment provided for in this Part is to be granted.”.

Second Schedule.

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

(a) by omitting the word and figure—

“Regulation 9a.”;

(b) by omitting the words and figures—

“Sub-regulation (1.) of regulation 74.”;

(c) by omitting the words and figures—

“Sub-regulation (2.) of regulation 126.”;

(d) by omitting the words and figures—

“Sub-regulation (5.) of regulation 150.”; and

(e) by inserting after the word and figures—

“Regulation 246.”

the words and figures—

“Sub-regulations (1.) and (2.) of regulation 246a.”.

Seventeenth Schedule.

25. The Seventeenth Schedule to the Naval Financial Regulations is amended—

(a) by inserting in Part 1 of Table 3, before the words “ or Dental Assistant Branch”, the words “,Dental Mechanic Branch”; and

(b) by omitting from Part 4 of Table 3 the words “,Motor Mechanic Branch or Dental Mechanic Branch” and inserting in their stead the words “or Motor Mechanic Branch”.

 

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