Statutory Rules
1974 No. 91
REGULATIONS UNDER THE DEFENCE ACT 1903-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1973.
Dated this sixteenth day of May, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
R. BISHOP
Minister of State for Repatriation for and on behalf of the Minister of State for Defence.
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Amendments of the Australian Military Regulations†
Commencement.
1. These Regulations shall be deemed to have come into operation on 1 January 1973.
Meaning of word “year”.
2. Regulation 464 of the Australian Military Regulations is amended by omitting the words “year ending on the thirtieth day of June” and substituting the words “a period of twelve months ending on a thirtieth day of June”.
Recreation leave.
3. Regulation 465 of the Australian Military Regulations is amended—
(a) by omitting all words from and including the words “eighteen days” and substituting the words “the prescribed number of days applicable to the member.”; and
(b) by adding at the end thereof the following sub-regulations:—
“(2) For the purposes of sub-regulation (1), the prescribed number of days applicable to the member, being a member who was a member on 1 January 1973, is—
(a) in respect of each year of continuous full time military service that the member has rendered before 1 July 1971—eighteen days exclusive of Sundays and holidays;
* Notified in the Australian Government Gazette on 28 May 1974.
† Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulations see footnote † to Statutory Rules 1974, No. 75 and see also Statutory Rules 1974, No. 75.
(b) in respect of continuous full time military service that the member has rendered in the year that ended on 30 June 1972—
(i) nine days exclusive of Sundays and holidays in respect of the period 1 July 1971 to 31 December 1971; and
(ii) twelve days exclusive of Sundays and holidays in respect of the period 1 January 1972 to 30 June 1972; and
(c) in respect of each year of continuous full time military service that the member renders after 30 June 1972—twenty-four days exclusive of Sundays and holidays.
“(3) For the purposes of sub-regulation (1), the prescribed number of days applicable to a member who becomes a member after 1 January 1973 is, in respect of each year of continuous full time military service that he renders, twenty-four days exclusive of Sundays and holidays.
“(4) Where in a year, after the year that ended on 30 June 1972, the period of continuous full time military service that a member renders is less than twelve months, the prescribed number of days that is, for the purposes of sub-regulation (1), applicable to the member in respect of that period of continuous full time military service is the number of days, exclusive of Sundays and holidays, that bears to whichever of the prescribed number of days that would by virtue of sub-regulation (2) or (3) be the prescribed number of days applicable to the member if he had rendered continuous full time military service for the whole of that year the same proportion as the number of months during which the member renders continuous full time military service in the year bears to twelve months.
“(5) Where in the year that ended on 30 June 1972 the period of continuous full time military service that a member, being a member who was a member on 1 January 1973, has rendered is less than twelve months, the prescribed number of days that is, for the purposes of sub-regulation (1), applicable to the member is the number of days, exclusive of Sundays and holidays, equal to the sum of—
(a) the number of days (if any) that bears to nine days the same proportion as the number of months during the period 1 July 1971 to 31 December 1971 in which the member has rendered continuous full time military service in that period, bears to six months; and
(b) the number of days (if any) that bears to twelve days the same proportion as the number of months during the period 1 January 1972 to 30 June 1972 in which the member has rendered continuous full time military service in that period, bears to six months.
“(6) For the purposes of this regulation, where a member has rendered continuous full time military service in a year for a number of months and a number of additional days, the member shall, if the number of additional days amounts to not less than thirty, be deemed to have rendered continuous full time military service for one additional month in that year for each thirty days in the number of additional days.”.
Extended leave.
4. Regulation 468 of the Australian Military Regulations is amended by omitting all words from and including the words “the reference” and substituting the words “the references to nine days, twelve days, eighteen days and twenty-four days were read respectively as references to fifteen days, eighteen days, twenty-four days and thirty days.”.