Re-establishment and Employment Regulations (Amendment) (Cth)

STATUTORY RULES.

1947. No. 52.

 

REGULATION UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*

I THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Re-establishment and Employment Act 1945.

Dated this Twenty-third day of April , 1947.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Post-war Reconstruction.

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Amendment of the Re-establishment and Employment Regulations.

After regulation 13 of the Re-establishment and Employment Regulations the following regulation is inserted:—

Payment in lieu of leave.

“14. Section sixty-five of the Act is amended—

(a) by inserting in sub-section (1.), after the word ‘shall’, the words ‘, subject to this section,’; and

(b) by adding at the end thereof the following sub-sections:—

‘(3.) Where during the period of a member’s service he made an allotment of his pay or a sum was ordered to be deducted from his pay and paid to or for the benefit of another person in pursuance of section 98a of the Imperial Act called the Naval Discipline Act, in its application to the Naval Forces of the Commonwealth, regulation 33 of the War Financial (Military Forces) Regulations, regulation 6 of the National Security (Military Forces) Regulations or regulation 33 of the Air Force (War Financial) Regulations, a sum equivalent to the amount ascertained

* Notified in the Commonwealth Gazette on , 1947.

  Statutory Rules 1945, No. 181, as amended by Statutory Rules 1946, Nos. 14, 57, 85, 130, 165, 167 and 177; and 1947, No. 12.

7258.—Price 3d. 12/9.4.1947.

 

in accordance with the next succeeding sub-section shall be deducted from the sum payable to the member under this section and shall be paid to the person to whom the allotment or the sum ordered to be deducted was payable:

Provided that, if. in the opinion of a prescribed authority within the meaning of the War Financial (Military Forces) Regulations or the Air Force (War Financial) Regulations, as the case requires, payment cannot be made to the allottee or the person to whom the sum ordered to be deducted was payable or the circumstances do not justify such payment, the prescribed authority shall direct that that sum be paid to the member.

(4.) The amount referred to in the last preceding subsection shall be the amount which would, in accordance with the allotment or order, have been allotted or deducted if the period of the member’s service had been extended for the period of leave of absence in lieu of which the member is paid under this section.’.”.

 

By Authority: l. F. Johnston, Commonwealth Government Printer, Canberra.