STATUTORY RULES
1971 No. 27
REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*
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 Defence Act 1903-1970.
Dated this eighteenth day of February, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Andrew Peacock
Minister of State for the Army.
Amendments of the Military Financial (Pacific Islanders) Regulations†
1.—(1.) After regulation 12 of the Military Financial (Pacific Islanders) Regulations the following regulation is inserted:—
Pay in lieu of leave on termination of service.
“12a.—(1.) Where, immediately before the termination of the service of a member in the Permanent Military Forces, a period of recreation leave might be granted to the member under Division 6 of Part VI. of the Australian Military Regulations if he were to continue to serve in those Forces for that period, an officer authorized to grant him leave may authorize payment to him, upon the termination of his service in those Forces, of an amount not exceeding the sum of the pay and inscribed allowances that would be payable to him if he were to continue to serve in those Forces for that period, being pay and allowances for the period calculated at the rates appropriate to the member’s rank and classification (if any) and, where applicable, his length of service in that rank.
“(2.) Where—
(a) a member dies: or
(b) the Military Board directs that the death of a member is to be presumed to have occurred,
the Military Board may authorize payment to that member’s dependants or an amount equal to the amount, if any, that could have been authorized to be paid to the member under the last preceding sub-regulation if the member had ceased to be a member otherwise than by death on the day on which he died or on the day on which his death is to be presumed to have occurred, as the case may be.
“(3.) Subject to the succeeding sub-regulations of this regulation, for the purpose of sub-regulation (1.) of this regulation, the prescribed allowances, in relation to a member, are—
(a) higher duties allowance;
(b) living out allowance;
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1964, No. 105, as amended by Statutory Rules 1966, No. 162; 1967, No. 124; 1968, No. 61; 1969, No. 199; and 1970, Nos. 6, 51, 120, 174 and 200.
26539/70—Price 5c 10/27.1.1971
(c) special allowance under regulation 9 of these Regulations;
(d) parachutists’ allowance; and
(e) service allowance,
“(4.) Higher duties allowance is not a prescribed allowance in relation to a member unless the member was in receipt of that allowance immediately before the date on which he was posted for discharge to a discharge centre or commenced recreation leave immediately before his retirement and—
(a) the member has performed or, but for absence on authorized leave, would have performed, the full duties of a higher position for a continuous period of not less than one year immediately before that date; or
(b) the member has performed the full duties of a higher position for periods amounting in the aggregate to not less than three years during the five years immediately preceding that date.
“(5.) Special allowance under regulation 9 of these Regulations or parachutists’ allowance is not a prescribed allowance in relation to a member unless the member was in receipt of that allowance immediately before he was posted for discharge to a discharge centre or commenced recreation leave immediately before his retirement.
“(6.) In the application of sub-regulation (1.) of this regulation in relation to a member, the member shall be deemed to be living out during the period in respect of which he is to be treated as continuing to serve for the purpose of that sub regulation.”.
(2.) Regulation 12a of the Military Financial Regulations, as amended by these Regulations, applies in relation to a member in the Permanent Military Forces who—
(a) died; or
(b) whose death is, or has been directed by the Military Board to be or to have been, presumed to have occurred,
on or after the sixteenth day of January, 1970.
Repeal.
2. Regulations 32, 33 and 34 of the Military Financial (Pacific Islanders) Regulations are repealed.
Printed by Authority by the Government Printer of the Commonwealth of Australia.