STATUTORY RULES.
1961. No. 42.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1956*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1956.
Dated this 9th day of March, 1961.
DALLAS BROOKS
Administrator.
By His Excellency’s Command,
Minister of State for the Army.
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Amendments of the Australian Military Regulations.†
Sub-division of Regulations.
1. Regulation 2 of the Australian Military Regulations is amended by omitting the words and figures—
“Division 7.—Furlough—Permanent Forces.....478-481e”
and inserting in their stead the words and figures—
“Division 7.—Furlough—Permanent Forces.....478-481a”.
2. Division 7 of Part VI of the Australian Military Regulations is repealed and the following Division inserted in its stead:—
“Division 7.—Furlough—Permanent Forces.
Furlough.
“478.—(1.) Subject to this Division, where a member has rendered not less than fifteen years’ service, the Military Board may grant him leave of absence called ‘furlough’ for a period not exceeding three-tenths of one month on full pay, or three-fifths of one month on half pay, in respect of each completed year of service.
“(2.) A member of the Permanent Forces shall not be granted furlough under this regulation for a period exceeding twelve months at any one time.
“(3.) Where a member who has continued in the Permanent Forces for not less than fifteen years is retiring from the Permanent Forces, the Military Board, may, in lieu of granting furlough to the member under sub-regulation (1.) of this regulation, authorize payment to the member upon his retirement, of a sum not exceeding the amount of pay for a period equal to the period of furlough on full pay which the member could have been granted under that sub-regulation.
* Notified in the Commonwealth Gazette on 10th March, 1961.
† Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulation, see footnote † to Statutory Rules , No.
1888/61.—Price 3d. 10/3.3.1961.
“(4.) Upon the death of a member of the Permanent Forces who, at the day of his death, was eligible under this regulation for the grant of furlough, the Military Board may authorize payment to, and may apportion the payment among, the dependants of the member of a sum equal to the amount of pay which the Military Board could have authorized to be paid to the member under this regulation if the member had retired immediately before the day of his death.
Proportionate furlough or pay in lieu to members not entitled to furlough under regulation 478.
“479.—(1.) The Military Board may grant to a member who has continued in the Permanent Forces for not less than eight years, but less than fifteen years, immediately prior to his retirement from the Permanent Forces on, or subsequent to, his attaining the age for his retirement, or, if that age is over sixty years, the age of sixty years, furlough on full pay not exceeding—
(a) where the period of service of the member is not less than eight years but is less than twelve years—three months; or
(b) where the period of service of the member is not less than twelve years but is less than fifteen years—four months.
“(2.) Where a member is eligible for furlough under the last preceding sub-regulation, the Military Board may, in lieu of granting that furlough, authorize payment to the member, upon his retirement from the Permanent Forces, of a sum not exceeding his pay for a period equal to the period of furlough which the member could have been granted under that sub-regulation.
“(3.) Where a member of the Permanent Forces who has not attained the age for his retirement—
(a) retires from the Permanent Forces after less than fifteen years’ service;
(b) on the day of his retirement—
(i) has continued in the Permanent Forces for a period of not less than eight years; or
(ii) has continued in the Permanent Forces for a period of not less than four years and is, under his current engagement or appointment, eligible to continue in the Permanent Forces to complete a period of at least eight years’ continuous service before reaching the age for his retirement; and
(c) satisfies the Military Board that his retirement is due to permanent ill-health not due to misconduct or to causes within his own control,
the Military Board may authorize payment to the member of a sum equal to his pay for a period not exceeding—
(d) where the period of service of the member is not less than four years but is less than eight years—two months;
(e) where the period of service of the member is not less than eight years but is less than twelve years—three months; or
(f) where the period of service of the member is not less than twelve years but is less than fifteen years—four months.
“(4.) Upon the death of a member of the Permanent Forces who, at the day of his death, had continued in the Permanent Forces for less than fifteen years, the Military Board may authorize payment to, and
may apportion the payment among, the dependants of the member of a sum equal to the amount of pay which the Military Board could have authorized to be paid to the member under the last preceding sub-regulation if, because of permanent ill-health not due to misconduct or to causes within the control of the member, the member had retired from the Permanent Forces immediately before the day of his death.
Reduction of furlough on account of other leave.
“480. The period for which furlough may be granted under this Division to a member of the Permanent Forces, or the period in respect of which a payment to a member of the Permanent Forces or his dependants may be authorized under this Division, shall be reduced by any period of service in respect of which furlough has previously been granted to the member and any period of service in respect of which a payment in lieu of furlough has been authorized to the member under this Division or under another law of the Commonwealth, or a State or Territory of the Commonwealth, providing for the granting of furlough or for payment in lieu of furlough.
Conduct of members.
“481. The Military Board shall take into consideration the official conduct record of a member in determining whether, and to what extent, furlough or payment of an amount may be granted or authorized under this Division.
Definitions.
“481a.—(1.) In this Division, unless the contrary intention appears—
‘authority of a State’ means a public authority constituted under the law of a State for the purposes of discharging, subject to the direction or control of a Minister of State for the State, functions which are within the province of the State Government, but does not include a local governing body.
‘death’ includes the presumed death of a member of the Permanent Forces where the Military Board directs that the death of the member be presumed to have happened on a day determined by the Military Board;
‘member’ means a person who is a member of a class of members of the Permanent Military Forces determined by the Military Board;
‘pay’, in relation to a member means such rate of active pay appropriate to his rank or classification, as the Military Board determines, and includes, subject to such conditions as the Military Board determines, such allowances at such rates as the Military Board determines;
‘service’ means such service in the Defence Force, and includes such employment by the Commonwealth or a State or Territory of the Commonwealth or by an authority of the Commonwealth or a State, as the Military Board determines.
“(2.) A determination, under the last preceding sub-regulation, by the Military Board, for the purposes of the definition of ‘member’, of ‘pay’ or of ‘service’ is subject to the approval of the Treasurer.
“(3.) For the purposes of this regulation, ‘the approval of the Treasurer’ includes an approval by such officer as the Treasurer authorizes for the purpose of giving or withholding such an approval.”.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.