War Financial (Military Services) Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
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 Third
day of September , 1941.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
WAR FINANCIAL (MILITARY FORCES) REGULATIONS.
Part I.—Preliminary.
(2.) These Regulations shall be administered by the Minister of State for the Army.
(2.) Sub-regulations (1.) and (3.) of regulation 18 and sub-regulations (1.) and (3.) of regulation 19 of these Regulations shall be deemed to have come into operation as on and from the twelfth day of June, 1940.
(3.) Sub-regulation (2.) of regulation 18 and sub-regulation (2.) of regulation 19 of these Regulations shall be deemed to have come into operation as on and from the fifteenth day of May, 1941.
(4.) Sub-regulation (3.) of regulation 68 of these Regulations shall be deemed to have come into operation as on and from the sixth day of June, 1940.
Part I. —Preliminary.
Part II. —Pay and Pay Allowances.
Part III. —Allotments and Dependants Allowances.
Part IV. —Travelling and Subsistence.
Part V. —Clothing and Outfit Allowances.
*
Notified in the
1809.—24/23.8.1941.—Price 1s. 3d.
“child” means any person under the age of sixteen years, who is a legitimate or illegitimate son, daughter, step-son or step-daughter or a legally adopted son or daughter of a member;
“
de facto wife” means, in relation to any member, any woman who for a period of not less than six months immediately prior to the member’s enlistment or appointment lived with him as his wife, though not legally married to him;“member” means—
(
a ) any person appointed to or enlisted in the Australian Imperial Force or any person first appointed to or enlisted in any other part of the Permanent Military Forces on or after the sixth day of October, 1939; or(
b ) any officer or soldier appointed or transferred to or seconded for service with the Australian Imperial Force who, at the date of his appointment or transfer to or secondment for service with that Force, was—(i) a member of the Permanent Military Forces appointed or enlisted prior to the sixth day of October, 1939; or
(ii) a member of the Australian Staff Corps or of the Corps of Staff Cadets; or
(
c ) any member of the Citizen Military Forces who has been called up for continuous full time war service other than service for a specified period less than for the duration of the war; or(
d ) any nurse who is employed on continuous full time duty;“nurse” means any member of the Australian Army Nursing Service and includes a staff masseuse or masseuse;
“pay allowances” includes field allowance, command allowance, special allowance, exchange allowance and any allowance payable under regulation 9 of these Regulations;
“prescribed authority” means the Minister, the Military Board, the Chief Accountant, A.I.F., any District Finance Officer, any Assistant District Finance Officer, the Chief Paymaster, A.I.F., or any Assistant Chief Paymaster, A.I.F., as the case requires;
“separated wife” means, in relation to any member, his wife who is living apart from him in pursuance of a decree, judgment, order or deed of separation or by reason of desertion by either party, or in circumstances which, in the opinion of a prescribed authority, are analogous thereto;
“standard rate”, in relation to an allotment or allotments from a member’s pay, means—
(
a ) in the case of an officer, a matron-in-chief, a principal matron or a matron, a total rate of five shillings per day; and(
b ) in the case of a soldier, a sister, a staff masseuse, a staff nurse or a masseuse, a total rate of three shillings per day;“the Act” means the
Defence Act 1903-1941.
(2.) In these Regulations any reference to the date of embarkation of a member shall be read as a reference to the date upon which the member embarks on a ship or aircraft for service outside Australia, but shall not be deemed to refer to the embarkation of a member who subsequently disembarks in Australia from that ship or aircraft and does not proceed forthwith in the same or in another ship or aircraft for service outside Australia. In the case of a member who at the time of his appointment, enlistment, transfer or secondment is not in Australia, any reference to the date of embarkation shall be read as a reference to the date of his appointment, enlistment, transfer or secondment.
Provided that, where the total
amount of daily pay and allowances payable under the
(2.) The Military Board may delegate to any officer any power, duty or function conferred or imposed on the Board by these Regulations.
(3.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise or performance of any power, duty or function by the Minister or the Military Board, as the case may be.
(4.) A delegation under this regulation shall not lapse or be revoked by the Minister ceasing to hold office by death or otherwise, or by reason of the powers or functions of the Military Board becoming vested in an officer appointed to command the Military Forces in time of war.
Part II. —Pay and Pay Allowances.
shall be the rate specified in column 2 of the First Schedule to these Regulations opposite to the designation of his rank, appointment or classification in column 1 of that Schedule.
(2.) The daily rate of active pay of a member in respect of his service on and after the date of his embarkation shall be the rate specified in column 3 of the First Schedule to these Regulations opposite to the designation of his rank, appointment or classification in column 1 of that Schedule.
(3.) A member of the Australian Imperial Force who has not embarked for service outside Australia within the period of six months from the commencement of his service in that Force, or who, within that period, has been stationed at an Operational Station shall be paid the daily rate of active pay specified in column 3 of the First Schedule to these Regulations opposite to the designation of his rank, appointment or classification as from the date upon which he completed a period of six months’ service or was detailed for duty at the Operational Station, whichever first occurs.
(4.) For the purposes of this regulation, the Minister shall determine the Group within which any particular tradesman or specialist or class of tradesmen or specialists shall be classified.
(5.) The Minister may, by order, declare any place to be an Operational Station for the purposes of this and the next succeeding regulation, and shall specify therein a date as from which the station shall be deemed to be or to have been an Operational Station for the purposes of those regulations.
(2.) Deferred pay shall not be payable in respect of any day for which a member is granted leave without pay.
(3.) Deferred pay shall be forfeited for any day for which a member’s active pay is forfeited, except in the case of a forfeiture under regulation 25 of these Regulations, in which case one-third of his daily rate of deferred pay shall be forfeited for each day of the period of that forfeiture.
(4.) Interest at the prescribed rate shall be credited to the account of a member at the end of the second and each subsequent year of his service after the date of his embarkation on the amount of deferred pay accumulated to his credit at the end of the previous year of that service. Interest credited to a member’s deferred pay account shall be considered as part of his accumulated deferred pay and shall bear interest accordingly.
(5.) When deferred pay becomes payable in accordance with the next succeeding sub-regulation, interest on the amount of accumulated deferred pay of the member at the end of the last completed year of his service after the date of his embarkation shall be allowed for the period from the end of that year to the date upon which his pay ceases in accordance with these Regulations.
(6.) The deferred pay accumulated to a member’s credit, including interest thereon, shall become payable upon the termination of his service, hut shall be subject to a deduction of any amount standing to his debit in his pay account.
(7.) The prescribed rate of interest for the purposes of this regulation shall be—
(
a ) for the period prior to the first day of January, 1941, three and one-half per centum per annum;(
b ) for the period from and including the first day of January, 1941, to and including the thirty-first day of December, 1941, three per centum per annum; and(
c ) for any period after the thirty-first day of December, 1941, such rate as is from time to time fixed by the Treasurer by notice in theGazette.
(8.) A member of the Australian Imperial Force who has not embarked for service outside Australia within the period of six months from the commencement of his service in that Force, or who, within that period, has been stationed at an Operational Station shall be entitled to be credited with deferred pay in accordance with the provisions of this regulation, and, for this purpose, the date upon which he completed a period of six months’ service or was detailed for duty at the Operational Station, whichever first occurs, shall be deemed to be the date of his embarkation.
“A.I.F. rate” means, in relation to a member to whom this regulation applies, the total amount of—
(
a ) his daily rate of pay under these Regulations;(
b ) the daily rate of command allowance (if any) and of special allowance (if any) payable to him under these Regulations; and(
c ) the daily rate of dependants allowance (if any) payable under these Regulations in respect of the member;“permanent force rate” means, in relation to a member to whom this regulation applies, the total amount of—
(
a ) his daily rate of pay and the amount per day of Child Endowment (if any) payable to him under theMilitary Financial Regulations at the date immediately prior to the date on which he was appointed or transferred to, or seconded for service with, the Australian Imperial Force; or(
b ) if at any time after the first-mentioned date, the daily rate of pay would, under the conditions prescribed by regulation 27 of those Regulations, have been subject to increase or reduction, or if the amount per day of Child Endowment would, under the conditions prescribed by regulation 50 of those Regulations, have been increased or reduced, or become or ceased to be payable, the daily rate of pay and of Child Endowment (if any) , as so varied or payable from time to time,less the total amount of—
(
c ) the daily rate of his contributions under theSuperannuation Act 1922-1937; and(
d ) in the case of a member other than a married member, the rate of two shillings and five pence per day.
(2.) This regulation shall apply to
members of the class specified in paragraph (
(3.) Subject to this regulation, a member’s pay and allowances shall be at the rates specified in these Regulations, but, if his permanent force rate exceeds his A.I.F. rate, he may be paid, in addition, an allowance of an amount equal to the difference.
(4.) If at the date on which a member is appointed or transferred to, or seconded for service with, the Australian Imperial Force, his A.I.F. rate equals or exceeds his permanent force rate, he shall not be eligible for any allowance under sub-regulation (3.) of this regulation at any time during the period of his service with the Australian Imperial Force.
(5.) If at any time subsequent to the date on which a member is appointed or transferred to, or seconded for service with, the Australian Imperial Force, during the period of his service with that Force, his A.I.F. rate equals or exceeds his permanent force rate, he shall from that time cease to be eligible for any allowance under sub-regulation (3.) of this regulation.
(6.) During any period for which, in accordance with the provisions of regulation 22 of these Regulations, exchange allowance is payable to any member he shall be paid an additional exchange allowance at the rate of twenty-five per centum on two-fifths of the amount of any allowance payable to him under sub-regulation (3.) of this regulation.
Provided that, in the case of a Chaplain holding an appointment classified higher than the 4th Class under regulation 594 of the Australian Military Regulations, the Military Board may authorize the payment of pay and allowances at the rates prescribed by these Regulations for the rank of Major.
(
a ) Officer Commanding Troops—the rates prescribed by these Regulations for the rank which he holds, but not exceeding in any case the rates prescribed for the rank of Major.(
b ) Adjutant or Quartermaster—the rates prescribed by these Regulations for the rank which he holds, but not exceeding in any case the rates prescribed for the rank of Captain.(
c ) Medical or Veterinary Officer—the rates prescribed by these Regulations for the rank which he holds, but not exceeding in any case the rates prescribed for the rank of Captain.(
d ) Chaplain—the rates prescribed by these Regulations for the rank of Captain, irrespective of the chaplain’s classification.
Officers................................................................... Three shillings per day.
Warrant Officers, Class I............................................ One shilling per day.
(2.) When in camp or bivouac or when travelling with other members as a party, nurses serving in Australia may, subject to such conditions as are approved by the Minister, be allowed field allowance at the rate of one shilling and sixpence per day.
(3.) Field allowance under this regulation shall not be payable in respect of any day for which travelling allowance is payable.
(
a ) to an officer, at the rate of three shillings per day; and(
b ) to a warrant officer, Class I., at the rate of one shilling per day.
(2.) On and after the date of her embarkation and up to and including the date of her disembarkation in Australia upon her return thereto, field allowance shall be paid to a nurse at the rate of one shilling and sixpence per day.
(3.) Field allowance under this regulation shall not be payable for any period in respect of which command allowance is paid.
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(2.) In the case of—
(
a ) a Major-General who is not commanding a division, or(
b ) a Brigadier who is not commanding a Brigade,
the Minister may authorize the payment of command allowance at such rate (not exceeding that prescribed for a Major-General commanding a Division or a Brigadier commanding a Brigade, as the case may be) as he considers reasonable, having regard to the nature of the appointment and the expenses incidental thereto.
Provided that, in respect of the period from the date of the decision to the date upon which his discharge is effected—
(
a ) any such member who holds the rank of Corporal or any lower rank may be paid at the rate of one shilling per day; and(
b ) any such member who holds a rank above that of Corporal may be paid at the rate of one shilling and sixpence per day.
(2.) This regulation shall not apply to any member after the date of his embarkation.
Provided that if a Court of Inquiry finds that the member was taken prisoner through misconduct on his part, or he is convicted by court-martial of an offence specified in paragraph (5) of section 4 or paragraph (3) of section 5 of the Army Act, he shall forfeit all pay and pay allowances accruing to him in respect of the period of detention, but any sums paid by the detaining power during the period of his detention shall not be a charge against the member’s account.
(
a ) as from the day of his discharge or the termination of his service;(
b ) as from the day of his death; or(
c ) as from the day of his being reported missing,
as the case may be:
Provided that, where a member who
has been reported as dead or missing is subsequently found to be alive, he may
be credited with pay and pay allowances as from the day on which his pay
ceased, subject, in the case of a member reported as dead, to a deduction of
the amount of any pension or allowance paid under the provisions of the
(2.) The amount of any pension or allowance deducted in pursuance of this regulation may be paid to the Repatriation Commission.
Part III. —Allotments and Dependants Allowances.
Provided that the amount of pay remaining available for drawing by the member for his own use shall not be less than one-tenth of his daily rate of pay (excluding deferred pay) or one shilling per day, whichever is the greater.
(2.) For the purposes of these Regulations, any sum authorized, in pursuance of this regulation or of the National Security (Military Forces) Regulations, to be deducted from a member’s pay and paid to or for the benefit of another person shall be deemed to be an allotment made by the member.
(
a ) in respect of any period prior to the twenty-eighth day of November, 1940—three shillings per day, plus one shilling per day for each dependant in excess of one;(
b ) in respect of any period after the twenty-seventh day of November, 1940—three shillings per day, plus one shilling and sixpence per day for each dependant in excess of one:
Provided that the maximum rate of allowance prescribed by this regulation may be increased by one shilling per day in respect of any period after the nineteenth day of December, 1940—
(i) where a member’s wife has one or more of his children under her care, or
(ii) in any other case where a member has more than one dependant, if the prescribed authority considers that, owing to special circumstances, such increase is justified.
(2.) Where the only dependants of a member are his wife (not being a separated wife) and children, the dependants allowance payable in respect of his wife shall be paid to her, and the dependants allowance payable in respect of the children shall be paid either to her or to such other person as a prescribed authority directs.
(3.) Where the only dependants of a member are his children, dependants allowance shall, except in such circumstances as are provided for by sub-regulation (11.) of this regulation, be paid to such persons at such rates (not exceeding in the total amount the maximum rate prescribed in regulation 34 of these Regulations in respect of the number of dependants concerned) and in such proportions as a prescribed authority directs.
(4.) Where the only dependant of a member is his separated wife, dependants allowance may be paid to her at such rate (not exceeding the maximum rate prescribed in regulation 34 of these Regulations in respect of one dependant) as a prescribed authority directs.
(5.) Where the only dependants of a member are his separated wife and his children, dependants allowance (not exceeding in the total amount the maximum rate prescribed in regulation 34 of these Regulations in respect of the number of dependants concerned) may be paid to such persons and in such proportions as a prescribed authority directs.
(6.) Where the only dependant of a
member is his
(7.) Where the only dependants of a
member are his
(8.) Where persons of a description specified in two or more of the preceding sub-regulations of this regulation are wholly or partly dependent upon a member, dependants allowance (not exceeding in the total amount the maximum rate prescribed in regulation 34 of these Regulations in respect of the number of dependants concerned) may be paid to such persons and in such proportions as a prescribed authority directs.
(9.) Where dependants allowance is not payable under the preceding provisions of this regulation and the member has made an allotment or allotments of or totalling not less than the standard rate to or for the benefit of any person or persons of a description not specified in those provisions who is or are wholly or partly dependent upon the member, dependants allowance (not exceeding in the total amount the maximum rate prescribed in regulation 34 of these Regulations in respect of the number of dependants concerned) may be paid to such persons and in such proportions as a prescribed authority directs.
(10.) Where dependants allowance is payable in respect of one or more persons of a description referred to in any one or more of sub-regulations (1.) , (2.) , (3.) , (4.) , (5.) , (6.) and (7.) of this regulation and there are any other persons wholly or partly dependent upon the member concerned, dependants allowance (not exceeding in the total amount the maximum rate prescribed in regulation 34 of these Regulations in respect of the number of dependants concerned) may be paid to such persons and in such proportions as a prescribed authority directs.
(11.) Where a prescribed authority is satisfied that the sum required to maintain and educate any child or children is less than the total amount of the standard rate of allotment and the maximum rate of dependants allowance, and an allotment has been made by the member for the benefit of the child or children at a rate which is, in the opinion of the prescribed authority, reasonable in the circumstances, but which is less than the standard rate, but not less than—
(
a ) in the case of a soldier—one shilling per day;(
b ) in the case of an officer—one shilling and eight pence per day,
the prescribed authority may authorize payment of dependants allowance—
(
c ) in the case of a soldier—at a rate, not exceeding the amount of the allotment; or(
d ) in the case of an officer—at a rate not exceeding three-fifths of the amount of the allotment.
(12.) Where dependants allowance payable in respect of any child is paid to any person, that person shall use the allowance for the purpose of the maintenance and education or otherwise for the benefit of the child.
(13.) Any payment of dependants allowance made to any person in pursuance of these Regulations shall, if that person has a claim for maintenance, or is seeking to enforce a maintenance or affiliation order, against the member concerned, be deemed to be a payment made to that person on behalf of the member.
(
a ) reduce the allowance to a rate less than that previously approved;(
b ) increase the allowance to a rate higher than that previously approved, but not exceeding the maximum rate prescribed in regulation 34 of these Regulations in respect of the dependant or dependants concerned; or(
c ) cancel the allowance.
(2.) Any payment of an allotment or dependants allowance to a person resident outside Australia shall be made in Australian currency or its equivalent in any other currency converted at the prevailing rate of exchange.
(2.) If, at any time after the enlistment or appointment of the member, any person or additional person becomes wholly or partly dependent upon him, or any person stated previously to be dependent upon him ceases to be so dependent, or a change occurs in the degree of any person’s dependence, the member shall furnish to a prescribed authority such particulars in relation thereto, in accordance with such form as is approved by the Military Board, as are required by the prescribed authority.
(3.) Any person stated by a member to be a dependant or claiming or receiving dependants allowance shall, whenever so required by a prescribed authority, furnish any information and make any declaration which that authority considers necessary for the purposes of these Regulations.
(
a ) into a bank account approved by a prescribed authority; or(
b ) to the person to whom the sum is payable—(i) by cheque, money order or bank draft; or
(ii) by fortnightly instalments in currency, through a postmaster or other officer.
(2.) Where an allotment or dependants allowance is to be paid in currency, in fortnightly instalments, by a postmaster or other officer, a prescribed authority may give an instruction to the postmaster or other officer to withhold or vary the payment of any instalment, and the postmaster or other officer shall comply with any such instruction accordingly.
(3.) Where the person to whom the instalment of allotment or dependants allowance is payable applies personally for payment, that person shall give a receipt for each instalment in accordance with such form as is approved by the Military Board, and the postmaster or other officer may refuse to pay any instalment if he is not satisfied that the person presenting the receipt is the person entitled to receive the instalment.
(4.) The postmaster or other officer may pay an instalment to a person other than the person to whom the instalment is payable, if the first-mentioned person is the holder of an order, in such form as is approved by the Military Board, from the person to whom the instalment is payable, and makes a declaration, in such form as is approved by the Military Board, that he is not receiving the whole or any portion of the instalment on his own behalf or on behalf of any other person, firm, business, partnership or corporation in consequence of any assignment, whether made or given absolutely or by way of pledge, mortgage or otherwise, by the person to whom the instalment is payable.
(5.) In this regulation—
“postmaster” includes a postmistress or person in charge of a post office;
“other officer” means an officer of the Postmaster-General’s Department authorized by the proper departmental authority to pay instalments of allotments and dependants allowances.
Penalty: Twenty pounds or imprisonment for three months.
(2.) In addition to imposing any penalty in respect of an offence against the last preceding sub-regulation, the Court before which the person is convicted may order him to repay or return to the Commonwealth, or the person lawfully entitled thereto, any money, certificate or document received by him in consequence of the false statement in respect of which the offence was committed.
(3.) Nothing in this regulation shall affect the liability of any person to be proceeded against under any other law, but he shall not be liable to be punished twice in respect of the same offence.
(
a ) a confidential report of the facts within his knowledge relating to any matter specified in the notice; and(
b ) written answers to any questions specified in the notice,
concerning any person receiving or claiming an allotment or dependants allowance or any member by or in respect of whom an allotment or dependants allowance has been authorized or claimed.
Penalty: Twenty pounds.
(2.) No action or proceeding, civil or criminal, except an action or proceeding authorized by these Regulations, shall lie against any person in respect of any report or answer furnished by him in pursuance of this regulation.
(2.) The amount of any deduction made in pursuance of sub-regulation (1.) of this regulation after the expiration of the period of forfeiture shall not, during the service of the member, exceed such amount as leaves to him a sum available for his drawing and use of at least one-tenth of his daily rate of pay (excluding deferred pay) or—
(
a ) if he is serving in Australia, one shilling in Australian currency per day; or(
b ) if he is serving outside Australia, one shilling in English currency per day,
whichever is the greater.
(3.) If at the date upon which the period of forfeiture expires, there is a debit balance in the pay account of any member—
(
a ) if the member has made an allotment or allotments in relation to which dependants allowance is not payable, payment of the allotment or allotments shall be suspended until the debt is liquidated;(
b ) if the member has made an allotment or allotments in relation to which dependants allowance is payable, and the amount of the allotment or allotments exceeds the standard rate, the allotment or allotments shall be reduced by a prescribed authority so that the total amount allotted shall not exceed the standard rate until the debt is liquidated.
Provided that, if the member has made an allotment or allotments in relation to which dependants allowance is payable, and the amount of the allotment or allotments exceeds the standard rate, the total amount of the allotment or allotments shall be reduced to the standard rate until recovery of the amount of the fine or the sum of money ordered or awarded to be paid by, or stopped from the pay of, the member is effected.
(2.) The amount of any stoppage or deduction shall not, during the service of a member, exceed such amount as leaves to him a sum available for his drawing and use of at least one-tenth of his daily rate of pay (excluding deferred pay) or—
(
a ) if he is serving in Australia, one shilling in Australian currency per day; or(
b ) if he is serving outside Australia, one shilling in English currency per day,
whichever is the greater.
(2.) In the event of the death of a member who has made an allotment in relation to which no dependants allowance is payable, payment of a sum equal to the allotment made by him shall be made for one month from the date of the member’s death, and any sum so paid shall not be set off against any moneys due to the member at the time of his death. If for any reason payment of a sum equal to the allotment is continued for any period after the expiration of one month from the date of the member’s death, unless the payment is authorized under the provisions of sub-regulation (2.) of regulation 52 of these Regulations, the amount so paid for that period may be set off against any moneys due to the member at the time of his death or may be recovered from the allottee.
(3.) If a member has been reported to be dead and is subsequently found to be alive, any allotment made by him and dependants allowance (if any) may, subject to the provisions of regulation 30 of these Regulations, be reinstated and paid as from the day on which payment ceased.
Provided that, if, at the expiration of that period, it is not possible to establish the fate of the member, the Minister may authorize payment to be continued for a further period, or periods, at such rate as he considers reasonable:
Provided also that, if at any time during the period for which payment is made under this sub-regulation the member is ascertained to be dead, the matter of payment of the allotment and dependants allowance shall be dealt with in accordance with sub-regulation (1.) of regulation 51 of these Regulations.
(2.) If a member who has made an allotment in relation to which no dependants allowance is payable is reported “missing”, payment of the allotment may, subject to the approval of the prescribed authority concerned, be continued for a period of three months from the date of notification to the prescribed authority that the member is “missing”, and, if the member is still “missing” at the expiration of that period, the allotment shall cease:
Provided that, if, at the expiration of that period, it is not possible to establish the fate of the member, the prescribed authority may authorize payment to be continued for a further period of three months at such rate as he considers reasonable, if he is satisfied that the allottee is to some extent dependent on the member or that hardship would be caused by the cessation of the payment:
Provided also that, if, at the expiration of the further period of three months, it is not possible to establish the fate of the member, the Minister may authorize payment to be continued for such additional period, or periods, and at such rate as he considers reasonable:
Provided also that, if, at any time during the period for which payment is made under this sub-regulation, the member is ascertained to be dead, the matter of payment of the allotment shall be dealt with in accordance with sub-regulation (2.) of regulation 51 of these Regulations.
(3.) If a member has been reported “missing” and is subsequently found to be alive, any allotment made by him and dependants allowance (if any) may, subject to these Regulations, be reinstated and paid as from the day on which payment ceased.
Provided that, if a Court of Inquiry finds that the member was taken prisoner of war through misconduct on his own part, or he is convicted by court-martial of an offence specified in paragraph (5) of
section 4 or paragraph (3) of section 5 of the Army Act, any allotment or dependants allowance shall be dealt with as provided in regulation 54 of these Regulations in relation to the case of a member declared by a Court of Inquiry to be absent without leave or other sufficient cause.
(
a ) if the member has made an allotment in relation to which no dependants allowance is payable, payment of the allotment shall, upon receipt of the notification by the prescribed authority, be suspended as from the earliest possible date;(
b ) if the member has made an allotment in relation to which dependants allowance is payable, the prescribed authority shall, forthwith upon receipt of the notification, forward a notice to the allottee that payment of the allotment and dependants allowance will be suspended after the expiration of thirty days from the date of the notice, and payment shall be suspended accordingly unless the member returns to duty or is apprehended before the expiration of that period:Provided that—
(i) if the amount of the allotment or the total amount of the allotments made by the member exceeds the standard rate, the amount payable to the allottee or allottees during the period of thirty days shall be reduced by a prescribed authority to an amount equal to the standard rate and dependants allowance; and
(ii) the amount paid to the allottee or allottees in respect of the allotment or allotments and dependants allowance during the period of thirty days shall be a charge against, and may be recovered from, any moneys which are or may become due to the member.
(2.) Where the payment of an allotment or dependants allowance has been reduced or suspended in pursuance of this regulation, and the member concerned returns to duty or is apprehended—
(
a ) if the member is acquitted of any charge brought against him in respect of his absence, the allotment and dependants allowance (if any) may be reinstated and paid for the period during which payment was reduced or suspended; or(
b ) if the member incurs a forfeiture of pay by reason of his absence, or is convicted in respect thereof, subject to regulation 48 of these Regulations—(i) if dependants allowance is not payable in respect of the allotment, the allotment may be reinstated and paid as from such date as the prescribed authority directs:
(ii) if dependants allowance is payable in respect of the allotment, the allotment and dependants allowance may be reinstated and paid as from the date on which the member returns to duty or is apprehended.
(3.) If a member who has been declared by a Court of Inquiry to be absent without leave or other sufficient cause is subsequently reported to be dead, missing, or a prisoner of war, the payment of allotment and dependants allowance (if any) shall be dealt with in accordance with regulations 51, 52 and 53 of these Regulations, as the case may be.
(2.) Whenever the death of any person is reported to any officer of the Commonwealth or a State or a Territory of the Commonwealth who is charged with the duty of registering deaths, he may inquire whether the deceased was an allottee or a person to or in respect of whom dependants allowance was payable under these Regulations, and the person reporting the death shall, to the best of his knowledge, furnish a true answer to the inquiry.
Penalty: Twenty pounds.
(3.) If the deceased was an allottee or a person to or in respect of whom dependants allowance was payable, the officer may notify a prescribed authority of this fact and of the death.
Provided that, if in any such case dependants allowance to, or for the benefit of, children is payable to the allottee, the allowance may be paid to their guardian or to such person as a prescribed authority directs.
Part IV. —Travelling and Subsistence.
(
a ) when he is required to travel on duty;(
b ) for the purpose of visiting his home during his pre-embarkation leave;(
c ) on the termination of his service, to enable the member, at his option, to proceed—(i) to his home,
(ii) to his place of appointment or enlistment, or
(iii) to any place in the Military District or State in which his service is terminated; or
(
d ) in any case where the Military Board considers that special circumstances justify the issue.
(2.) If, at the request of a member, the termination of his service is effected in a Military District other than that in which he was appointed or enlisted, he shall not be eligible to receive a warrant for the payment of a fare beyond the limits of the Military District in which his service is terminated.
(2.) A warrant for a journey officially authorized by the proper departmental authority may be issued to an applicant for appointment or enlistment to enable him to attend at a specified place for medical examination or trade test, and a further warrant may be issued for the return journey, if the applicant is rejected.
(3.) Where an applicant has been accepted, but is not immediately called up for service, he may be granted a warrant to enable him, if he so desires, to travel to and return from his home.
(4.) Sleeping accommodation may be provided for an applicant where it is not possible for him to travel between his home and the specified place in any one day. The most economical arrangements for such accommodation shall be made and the applicant shall proceed continuously on the journey so far as means of transport will permit.
(5.) Rations shall not be provided, and an allowance in lieu thereof shall not be payable to any person to whom this regulation relates.
(
a ) if the member is in Australia—at the rate specified in column 2, 3, 4 or 5, as the case requires, of the Fourth Schedule to these Regulations opposite to the designation of his rank or appointment in column 1 of that Schedule; or(
b ) if the member is outside Australia—at the rate for the time being fixed, in relation to the designation of his rank or appointment, by Order made by the Minister, with the concurrence of the Treasurer, in respect of the country or locality in which the member is travelling or is on duty:
Provided that, in the case of a member absent on duty from his usual station—
(i) if quarters are provided, the rate specified in the Schedule shall be reduced by one-third;
(ii) if rations are provided, the rate specified in the Schedule shall be reduced by two-thirds; and
(iii) if quarters and rations are provided, no travelling allowance shall be paid.
(2.) Where an allowance under this regulation has been paid to a member in respect of eight weeks continuous residence in any one locality, the case shall be submitted to the Military Board for review, and if, upon review, the Board considers the amount of allowance excessive in the circumstances of the case, it may direct that the allowance be discontinued or reduced to such amount as it thinks fit. Where an allowance has been reviewed, the Board may also direct that the matter be re-submitted for further review from time to time.
(3.) Claims for increased rate of travelling allowance consequent upon the advancement of a member to a higher rank or appointment shall not be payable for any period prior to the date of official notification of the advancement.
Provided that, if the member is not ordered to and does not return, the period shall be computed from the time of his departure to the time of his arrival at his destination.
Rank. | Morning Meal. | Mid-day Meal. | Evening Meal. | |||
s. | ||||||
Commissioned Officer................................................. | 2 | 6 | 3 | 0 | 4 | 0 |
Warrant Officer........................................................... | 2 | 6 | 2 | 6 | 3 | 0 |
Any ranks other than those specified above................... | 2 | 6 | 2 | 6 | 2 | 6 |
(2.) An allowance under this regulation shall not be payable when meal vouchers are issued to a member or when subsistence allowance under regulation 68 of these Regulations is paid.
(2.) Subject to these Regulations, a subsistence allowance of two shillings and five pence per day may be paid to a member who is not provided with rations and with quarters or tentage.
(3.) Subject to these Regulations, a member of the Australian Imperial Force may be granted a special living allowance of one shilling and eleven pence per day in addition to the allowance prescribed in sub-regulation (2.) of this regulation if, by reason of the performance of his duty with that Force, he is required to live away from his home and is not provided with rations and with quarters or tentage.
(4.) Rations in kind, or the allowances authorized by this regulation, shall not be provided for or paid to a member—
(
a ) for days on which travelling allowance or meal allowance for three consecutive meals is granted to that member;(
b ) who is provided with meals in a government or civil hospital, prison, detention barracks, or mental institution;(
c ) who is provided with meals on board ship, train or aircraft at Commonwealth expense; or(
d ) who is absent without leave.
(5.) A member who is granted leave of absence with pay for a period of not less than seventy-two hours and who, immediately prior to that leave, was provided with rations and with quarters or tentage, shall be eligible for an allowance under sub-regulation (2.) of this regulation for each complete period of twenty-four hours included in the period of leave,
(6.) In any case where Government quarters are provided for a married member, a deduction of a sum equal to ten per centum of the total amount of—
(
a ) his daily rate of pay;(
b ) the daily rate of dependants allowance (if any) payable in respect of his wife; and(
c ) the amount of two shillings and five pence per day,
shall be made from his pay in respect of each day during which he occupies those quarters.
Part V. —Clothing and Outfit Allowances.
(
a ) an officer appointed for duty with the Australian Imperial Force shall be paid an outfit allowance of Twenty-five pounds; and(
b ) an officer appointed for duty with a garrison battalion shall be paid an outfit allowance of Seven pounds fifteen shillings.
(2.) An outfit allowance of an amount specified in sub-regulation (1.) of this regulation shall be payable only in respect of an officer’s first appointment for the duty in respect of which the allowance is payable.
(3.) An officer who has been paid an outfit allowance in respect of his appointment to a garrison battalion and is subsequently appointed for duty with the Australian Imperial Force may be paid the difference between the amount of allowance paid to him in respect of his appointment to the garrison battalion and that which is payable in respect of his appointment for duty with the Australian Imperial Force.
(4.) An officer who has been paid an outfit allowance in respect of his appointment to the Australian Imperial Force and is subsequently appointed for duty with a garrison battalion shall not be entitled to payment of an outfit allowance in respect of his appointment for duty with the garrison battalion.
(5.) On completion of each twelve
months’ continuous service as an
officer, an officer shall be paid a uniform maintenance allowance of Five
pounds towards the expense of maintenance of his uniform, clothing and
equipment, but shall not be eligible for any
(6.) In the case of an officer who
is a member of the class specified in paragraph (
(2.) A nurse appointed for continuous full time duty in Australia shall be paid—
(
a ) if appointed for duty at a camp dressing station or a military hospital—an outfit allowance of Twenty pounds; or(
b ) if appointed for employment on administrative duties at Army Head-quarters or at the Head-quarters of a Command or Military District—an outfit allowance of Thirteen pounds.
(3.) An outfit allowance of the amount specified in sub-regulation (1.) of this regulation shall be payable only in respect of a nurse’s first appointment for the service or duty in respect of which the allowance is payable.
(4.) A nurse who has been paid an outfit allowance in respect of an appointment and is subsequently appointed for service or duty in respect of which the amount of outfit allowance prescribed in this regulation is higher than that paid her in respect of her previous appointment shall be entitled to payment of the amount by which that amount exceeds the amount paid in respect of her previous appointment.
(5.) A nurse who has been paid an outfit allowance in respect of an appointment and is subsequently appointed for service or duty in respect of which the amount of the allowance prescribed in this regulation is less than that paid to her in respect of her previous appointment shall not be entitled to payment of any allowance in respect of the subsequent appointment.
(6.) A nurse who marries within twelve months of her first appointment shall refund a sum equal to the total amount of any outfit allowances received by her under this regulation, less one-twelfth of that amount for each completed month of service.
(7.) On completion of each twelve
months’ continuous service, a
nurse shall be paid a uniform maintenance allowance of Five pounds towards the
expense of maintenance of her uniform, clothing and equipment, but shall not be
eligible for any
FIRST SCHEDULE.
Rates of Pay.
Regulations 7 and 8.
Rank, Appointment or Classification. | Rate per day. | ||||||||
Before embarkation. | After embarkation. | ||||||||
Pay. | Active Pay. | Deferred Pay. | |||||||
Column 1. | Column 2. | Column 3. | Column 4. | ||||||
£ | £ | £ | |||||||
Officers— | |||||||||
| 3 | 19 | 3 | 3 | 11 | 3 | 0 | 9 | 0 |
| 3 | 5 | 9 | 2 | 17 | 9 | 0 | 9 | 0 |
| 2 | 5 | 0 | 1 | 17 | 0 | 0 | 9 | 0 |
| 2 | 5 | 0 | 1 | 17 | 0 | 0 | 9 | 0 |
| 1 | 17 | 6 | 1 | 10 | 0 | 0 | 8 | 6 |
| 1 | 10 | 0 | 1 | 5 | 0 | 0 | 6 | 0 |
| 1 | 2 | 6 | 0 | 19 | 0 | 0 | 4 | 6 |
| 0 | 15 | 0 | 0 | 15 | 0 | 0 | 3 | 6 |
First Schedule—
Rank, Appointment or Classification. | Rate per day. | |||||||||
Before embarkation. | After embarkation. | |||||||||
Pay. | Active Pay. | Deferred Pay. | ||||||||
Column 1. | Column 2. | Column 3. | Column 4. | |||||||
£ | £ | £ | ||||||||
| ||||||||||
| 0 | 13 | 0 | 0 | 13 | 0 | 0 | 3 | 0 | |
| 0 | 11 | 0 | 0 | 11 | 0 | 0 | 3 | 0 | |
| ||||||||||
| 0 | 10 | 6 | 0 | 10 | 6 | 0 | 2 | 6 | |
| 0 | 10 | 0 | 0 | 10 | 0 | 0 | 2 | 0 | |
| 0 | 9 | 0 | 0 | 9 | 0 | 0 | 2 | 0 | |
| 0 | 9 | 0 | 0 | 9 | 0 | 0 | 2 | 0 | |
| ||||||||||
| 0 | 8 | 0 | 0 | 8 | 0 | 0 | 2 | 0 | |
| 0 | 7 | 0 | 0 | 7 | 0 | 0 | 2 | 0 | |
| 0 | 6 | 0 | 0 | 6 | 0 | 0 | 2 | 0 | |
| 0 | 5 | 0 | 0 | 5 | 0 | 0 | 2 | 0 | |
| 0 | 5 | 0 | 0 | 5 | 0 | 0 | 2 | 0 | |
Nurses— | ||||||||||
| 1 | 2 | 6 | 0 | 19 | 6 | 0 | 3 | 0 | |
| 1 | 0 | 0 | 0 | 17 | 6 | 0 | 2 | 6 | |
| 0 | 17 | 6 | 0 | 15 | 0 | 0 | 2 | 6 | |
| 0 | 10 | 0 | 0 | 10 | 6 | 0 | 2 | 6 | |
| 0 | 8 | 6 | 0 | 8 | 6 | 0 | 2 | 0 | |
SECOND SCHEDULE.
Regulation 16.
Australian Army Pay Corps (Militia) —Rates of Pay.
Rank or Grade of Rank. | Rate per day. | ||
Column 1. | Column 2. | ||
£ | |||
Officers— | |||
| 2 | 5 | 0 |
| 2 | 2 | 6 |
| 2 | 0 | 0 |
| 1 | 17 | 6 |
| 1 | 15 | 0 |
| 1 | 12 | 6 |
| 1 | 10 | 0 |
| 1 | 7 | 6 |
| 1 | 5 | 0 |
| 1 | 2 | 6 |
| 1 | 0 | 0 |
| 0 | 17 | 6 |
| 0 | 15 | 0 |
Second Schedule—
Australian army pay corps (militia)—rates of pay—
Rank or Grade of Rank. | Rate per day. | ||
Column 1. | Column 2. | ||
£ | |||
Warrant Officers, Non-commissioned Officers and men— | |||
| 0 | 13 | 0 |
| 0 | 11 | 0 |
| 0 | 10 | 6 |
| 0 | 10 | 0 |
| 0 | 9 | 0 |
| 0 | 8 | 0 |
| 0 | 7 | 0 |
| 0 | 5 | 0 |
THIRD SCHEDULE.
Rates of Exchange Allowance.
Regulation 22.
Rank, Appointment or Classification. | Rate per day. | ||||
When Field Allowance not payable. | When Field Allowance payable. | ||||
Column 1. | Column 2. | Column 3. | |||
Officers— | |||||
| 7 | 1 | 7 | 5 | |
| 5 | 9 | 6 | 1 | |
| 3 | 9 | 4 | 0 | |
| 3 | 9 | 4 | 0 | |
| 3 | 0 | 3 | 4 | |
| 2 | 6 | 2 | 10 | |
| 1 | 11 | 2 | 2 | |
| 1 | 6 | 1 | 10 | |
Warrant Officers, Non-Commissioned Officers and Men— | |||||
| 1 | 4 | 1 | 5 | |
| 1 | 1 | .. | ||
| 1 | 1 | .. | ||
| |||||
| 1 | 0 | .. | ||
| 0 | 11 | .. | ||
| 0 | 11 | .. | ||
| |||||
| 0 | 10 | .. | ||
| 0 | 9 | .. | ||
| 0 | 7 | .. | ||
| 0 | 6 | .. | ||
| 0 | 6 | .. | ||
Nurses— | .. | ||||
| 1 | 11 | 2 | 1 | |
| 1 | 9 | 1 | 11 | |
| 1 | 6 | 1 | 8 | |
| 1 | 1 | 1 | 3 | |
| 0 | 10 | 1 | 0 | |
FOURTH SCHEDULE.
Rates of Travelling Allowance.
Regulation 61.
Rank or Appointment. | In Australia. | |||||||
Daily rate for first two weeks’ residence in same place. | Daily rate after first two weeks’ residence in same place. | |||||||
— | Capital Cities. | Other than Capital Cities. | Capital Cities. | Other than Capital Cities. | ||||
Column 1. | Column 2. | Column 3. | Column 4. | Column 5. | ||||
Officers— | ||||||||
| 30 | 0 | 25 | 0 | 14 | 0 | 12 | 6 |
| 30 | 0 | 25 | 0 | 14 | 0 | 12 | 6 |
| 25 | 0 | 20 | 0 | 12 | 6 | 10 | 0 |
| 25 | 0 | 20 | 0 | 12 | 6 | 10 | 0 |
| 22 | 6 | 19 | 0 | 11 | 6 | 9 | 6 |
| 20 | 0 | 17 | 0 | 10 | 0 | 9 | 0 |
| 17 | 0 | 14 | 6 | 9 | 0 | 7 | 0 |
| 16 | 0 | 13 | 6 | 8 | 0 | 6 | 6 |
| ||||||||
| 14 | 6 | 12 | 0 | 7 | 0 | 6 | 0 |
| 13 | 6 | 11 | 6 | 6 | 6 | 5 | 6 |
| 13 | 1 | 10 | 10 | 6 | 0 | 5 | 0 |
Nurses— | ||||||||
| 25 | 0 | 20 | 0 | 12 | 6 | 10 | 0 |
| 16 | 0 | 13 | 6 | 8 | 0 | 6 | 6 |
| 16 | 0 | 13 | 6 | 8 | 0 | 6 | 6 |
| 16 | 0 | 13 | 6 | 8 | 0 | 6 | 6 |
| 16 | 0 | 13 | 6 | 8 | 0 | 6 | 6 |
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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