Military Financial Regulations

STATUTORY RULES

1966 No. 35

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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*

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 1903-1965.

Dated this third day of February, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

MALCOLM FRASER

Minister of State for the Army.

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MILITARY FINANCIAL REGULATIONS

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Military Financial Regulations.

Commencement.

2. These Regulations shall come into operation on the eighteenth day of February, 1966.

Repeal.

3.—(1.) The Military Financial Regulations (comprising Statutory Rules 1961, Nos. 39, 84, 100 and 129; Statutory Rules 1962, Nos. 61 and 75; Statutory Rules 1963, Nos. 62, 70, 75, 85, 90 and 150; Statutory Rules 1964, Nos. 14, 17, 48, 56, 65, 81, 89, 100, 133 and 166; Statutory Rules 1965, Nos. 52, 63, 64, 65, 66, 73, 134, 139, 189 and 192; Statutory Rules 1966, No. 12) are repealed.

(2.) Notwithstanding the repeal effected by the last preceding sub-regulation, a determination, direction, approval or delegation made by the Minister or the Military Board under a provision of the Regulations referred to in that sub-regulation and in force immediately before the commencement of these Regulations shall continue in force after the commencement of these Regulations and shall be deemed to be a determination, direction, approval or delegation, as the case may be, made under the corresponding provision of these Regulations.

Parts.

4. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-9).

Part II.—Permanent Military Forces.

Division 1.—Preliminary (Regulation 10).

Division 2.—Pay (Regulations 11-18).

Division 3.—Marriage, Separation and Provision Allowances (Regulations 19-27).

Division 4.—Higher Duties Allowance (Regulations 28-29).

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* Notified in the Commonwealth Gazette on 10 February, 1966.

12754/65.—Price 9s. 6d. (95c)

Division 5.—Allowances for Special Qualifications and Duties (Regulations 30-40).

Division 6.—Allowances by Reason of Service in Certain Areas in Australia (Regulations 41-46).

Division 7.—Allotments (Regulations 47-60).

Division 8.—Gratuities (Regulations 61-74).

Division 9.—Travel in Australia at Departmental Expense (Regulations 75-95).

Division 10.—Allowances payable in respect of Travel on Duty in Australia (Regulations 96-109).

Division 11.—Removal of Families, Furniture and Effects in Australia (Regulations 110-123).

Division 12.—Allowances payable on a Removal in Australia or on Return from Oversea (Regulations 124-134).

Division 13.—Travel Oversea at Departmental Expense and Allowances payable in respect of Duty Oversea (Regulations 135-169).

Division 14.—Training at Civil Establishments (Regulations 170-174).

Division 15.—Miscellaneous Allowances and Payments (Regulations 175-179)

Part III.—Regular Army Emergency Reserve (Regulations 180-187).

Part IV.—Citizen Military Forces.

Division 1.—Preliminary (Regulation 188).

Division 2.—Pay (Regulations 189-195).

Division 3.—Personal Allowances and Grants (Regulations 196-211).

Division 4.—Travel at Departmental Expense and Allowances payable in respect of Travel on Duty (Regulations 212-215).

Division 5.—Miscellaneous Allowances (Regulations 216-219).

Division 6.—Members attached to the Permanent Military Forces (Regulation 220).

Part V.—Judge Advocate General (Regulations 221-222).

Part VI.—Australian Cadet Corps (Regulations 223-233).

Part VII.—Uniforms, Clothing and Clothing Allowances (Regulations 234-240).

Part VIII.—Rations, Quarters, Fuel and Light, Expense Stores and Supplies (Regulations 241-258).

Part IX.—Medical and Dental Treatment (Regulations 259-263).

Part X.—Miscellaneous (Regulations 264-277).

Interpretation.

5.—(1.) In these Regulations, unless the contrary intention appears—

“army apprentice” means a member serving in the Australian Regular Army as an apprentice tradesman, an apprentice musician or an apprentice clerk;

“cadet” means a student enrolled in a school unit;

“cadet under-officer” means a cadet appointed to the rank of cadet under-officer;

“child”, in relation to a member, means—

(a) the child (not being an ex-nuptial child) or the stepchild of the member; or

(b) the legally adopted child of the member,

who is under the age of sixteen years;

“commanding officer” means the officer to whom the expression is applicable according to the custom of the Military Forces;

“Command Paymaster” means the person performing the duties of paymaster for a Command;

“Command Secretary” means the person representing the Secretary in a Command;

“consolidated rate of pay” means a rate of pay under regulation 11 of these Regulations;

“court order allotment” means an allotment referred to in sub-regulation (3.) or sub-regulation (5.) of regulation 19 of these Regulations;

“dental officer” means a dental practitioner serving in the Royal Australian Army Dental Corps;

“dental practitioner” means a person registered or licensed as a dental practitioner under a law of a State or Territory of the Commonwealth which provides for the registration or licensing of dental practitioners;

“first appointment or enlistment” means an appointment or enlistment other than an appointment or enlistment which follows immediately after a period of service in the Permanent Military Forces;

“formation” or “formation &c.” means a part of the Military Forces that is a formation for the purposes of the Australian Military Regulations;

“formation commander” or “formation &c., commander” means the commander of a formation;

“full rate”, in relation to marriage allowance, means the rate prescribed by sub-regulation (1.) of regulation 19 of these Regulations and payable under sub-regulation (2.) of that regulation;

“home” means—

(a) in relation to marriage allowance, separation allowance or provision allowance—a house, including a section of a house, or a flat, occupied by a member as a place of residence for himself and his children, and does not include a boarding house or a lodging house, or an establishment that, in the opinion of the Military Board, is similar to a boarding house or a lodging house; or

(b) in relation to any other allowance payable to a married member—the residence in which the wife or children of the member in respect of whom marriage allowance is payable are established by the member during the currency of the member’s posting;

“intended”, in relation to the period of a posting, means intended by the Military Board;

“leave” means leave of absence with pay;

“living in”, in relation to a member, means that the member is provided with rations and quarters by the Department, and “live in” has a corresponding meaning;

“living out”, in relation to a member, means that the member has permission to provide his own meals or accommodation, or both, or to reside in married quarters, and “live out” has a corresponding meaning;

“lodgings” means accommodation other than accommodation provided by the Department;

“married member” means—

(a) a member eligible for the full rate of marriage allowance; or

(b) a member in receipt of a consolidated rate of pay—

(i) who is married, is not separated from his wife and maintains his wife;

(ii) who is widowed, or deserted by his wife, and voluntarily maintains his children; or

(iii) who is separated or divorced from his wife, or whose marriage has been annulled, and who has the custody of, and voluntarily maintains, his children;

“married quarters” means quarters owned or controlled by the Department which are provided by or for the Department for the use of a member and his family as a residence;

“medical officer” means a medical practitioner serving in the Royal Australian Army Medical Corps;

“medical practitioner” means a person registered or licensed as a medical practitioner under a law of a State or Territory of the Commonwealth which provides for the registration or licensing of medical practitioners;

“member” means a member of the Military Forces;

“military school or course” means a military school or course other than a voluntary class of instruction held by a unit in the nature of a bivouac or a temporary camp;

“native member” means an aboriginal inhabitant of the New Guinea area serving in the Australian Regular Army in the New Guinea area;

“normal meal period”, in relation to a member, means—

(a) in the case of a member living out—a period between the hours of—

(i) 8 a.m. and 9 a.m.;

(ii) 1 p.m. and 2 p.m.; or

(iii) 6 p.m. and 7 p.m.; and

(b) in the case of a member living in—the regular meal periods laid down in unit standing orders;

“normal method of public transport”, in relation to travel or the fare for travel, means transport by rail where that method of transport is available for the travel;

“officer of cadets” means—

(a) a member of the staff of an educational establishment at which a school unit is maintained who holds an appointment as an officer in the Australian Cadet Corps; or

(b) an officer of the Defence Force appointed to fill a vacancy within the establishment of a school unit;

“oversea” means outside Australia;

“pharmaceutical chemist” means a person registered or licensed as a pharmaceutical chemist under a law of a State or Territory of the Commonwealth which provides for the registration or licensing of pharmaceutical chemists;

“pharmaceutical officer” means a pharmaceutical chemist serving in the Royal Australian Army Medical Corps;

“prescribed authority” means the Minister or a person appointed by the Minister in writing to be a prescribed authority;

“proper military authority” has the same meaning as in the Australian Military Regulations;

“public holiday” means a day observed as a public holiday by the Military Forces;

“qualifying allotment” means an allotment made under sub-regulation (1.) of regulation 22 of these Regulations;

“Quartermaster” means an officer appointed as a Quartermaster under regulation 72 of the Australian Military Regulations;

“quarters” includes tent accommodation;

“remote locality” means a locality determined by the Military Board in accordance with regulation 469 of the Australian Military Regulations;

“retiring age for his rank”, in relation to a member, means the age for his compulsory retirement as prescribed under the Act or, where that age has been extended under the Act, that age as so extended;

“school unit” means a unit of the Australian Cadet Corps at a secondary educational establishment;

“separation”, in relation to a member, means—

(a) a legal separation effected by a judgment, order or decree of a court of competent jurisdiction; and

(b) any marital relationship in respect of which an order for maintenance is made by a court of competent jurisdiction, other than a divorce or an annulment of marriage,

and “separated” has a corresponding meaning;

“termination”, in relation to the service of a member, means—

(a) in the case of an officer—the termination of his appointment (except where he continues to serve as a soldier), his resignation, retirement or his transfer to the reserve of officers; and

(b) in the case of a soldier—the discharge of the member except for the purpose of being appointed to commissioned rank,

and “terminated” has a corresponding meaning;

“the Act” means the Defence Act 1903-1965;

“the Department” means the Department of the Army, and “departmental” has a corresponding meaning;

“the Military Board” means the Board of Administration for the Military Forces constituted under section 28 of the Act;

“the New Guinea area” means the Territory of New Guinea as described in the Second Schedule to the Papua and New Guinea Act 1949-1964 and the Territory of Papua as described in the Third Schedule to that Act.

(2.) Subject to these Regulations, a reference in these Regulations to a rank, appointment or classification includes a reference to a provisional, probationary, temporary or acting rank, appointment or classification but not to a local, honorary or brevet rank.

Delegations.

6.—(1.) The Minister may, in relation to a matter or a class of matters, or to a State, a part of the Commonwealth, or a formation, &c., by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation).

(2.) The Military Board may, in relation to a matter or a class of matters, or to a State, a part of the Commonwealth, or a formation, &c., delegate any of the Military Board’s powers and functions under these Regulations (except this power of delegation).

(3.) A power or function delegated by the Minister or the Military Board under this regulation may be exercised or performed by the delegate with respect to the matter or to the matters included in the class of matters, or with respect to the State, the part of the Commonwealth, the Command or the formation, &c., specified in the instrument of delegation.

(4.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Military Board, as the case may be.

(5.) A delegation under this regulation remains in force unless revoked by the Minister or the Military Board, as the case may be.

Power of formation commander.

7.—(1.) A power or function conferred by these Regulations on a formation, &c., commander, Command Secretary or Command Paymaster may be exercised by the Military Board.

(2.) Where the Military Board has authorized an officer, under regulation 11a of the Australian Military Regulations, to exercise, in relation to a specified part of the Military Forces, the powers and functions of a formation commander, the officer has all the powers, and shall perform all the duties and functions, of a formation commander under these Regulations in respect of a member of the Military Forces serving with that part of the Military Forces.

(3.) The Commandant of the Royal Military College has all the powers, and shall perform all the duties and functions, of a formation commander under these Regulations in respect of a member of the Military Forces serving at the Royal Military College.

Date on which determination, &c., takes effect.

8.—(1.) In this regulation, “determination, direction or approval” means a determination, direction or approval made or given by the Minister or the Miiltary Board under a provision of these Regulations.

(2.) A determination, direction or approval takes effect from the date on which it is made or given or, if it is expressed to take effect from another date specified in it, from that other date.

(3.) A determination, direction or approval—

(a) shall not be expressed to take effect—

(i) from a date that is before the date on which the provision of these Regulations under which it is made or given came or comes into operation; or

(ii) from a date that is more than two years before the date on which it is made or given; and

(b) shall not be expressed to take effect from a date before the date on which it was made or given in a case where, if it so took effect—

(i) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date it is made or given would be affected in a manner prejudicial to that person; or

(ii) liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date it is made or given,

and where, in such a determination, direction or approval, provision is made in contravention of this sub-regulation, that provision is void and of no effect.

Certain determinations &c., subject to the approval of Treasurer.

9.—(1.) Where by the provisions of the regulations specified in The Schedule to these Regulations it is provided that a matter may be determined, directed or approved by the Minister or the Military Board, the determination, direction or approval of the Minister or the Military Board, as the case requires, is subject to the approval of the Treasurer.

(2.) 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.

Part II.—Permanent Military Forces.

Division 1.—Preliminary.

Definition.

10. In this Part, unless the contrary intention appears, “member” means—

(a) a male member of the Australian Regular Army or the Regular Army Supplement, other than a person enrolled in the Corps of Staff Cadets; or

(b) a member of the Royal Australian Army Nursing Corps or the Women’s Royal Australian Army Corps appointed or enlisted for service in the Australian Regular Army or in the Regular Army Supplement.

Division 2.—Pay.

Consolidated rates of pay—General Officers.

11.—(1.) The rate of pay payable to the Chief of the General Staff is a consolidated rate of pay of Fifteen thousand five hundred dollars per year.

(2.) The rate of pay payable to a Lieutenant-General, not being the Chief of the General Staff, is a consolidated rate of pay of Ten thousand eight hundred dollars per year.

(3.) The rate of pay payable to a Major-General, is a consolidated rate of pay of Eleven thousand four hundred and eighteen dollars per year.

(4.) Subject to the next succeeding sub-regulations the rate of pay payable to a brigadier is a consolidated rate of pay of Nine thousand seven hundred and fourteen dollars per year.

(5.) The rate of pay payable to a medical officer or dental officer who holds the rank of brigadier is a consolidated rate of pay of Ten thousand five hundred and sixty-six dollars per year.

Members other than General Officers.

12.—(1.) Subject to the succeeding provisions of this regulation and to the next two succeeding regulations, the rate of pay of a male member, other than a member referred to in the last preceding regulation, is the rate per day specified in relation to his rank and, where specified, his classification and length of service in the rank, in the following table:—

Part A—Officers.

Part A—Officers—continued.

Part B—Soldiers.

(2.) Subject to the next succeeding sub-regulation, the rate of pay of a male member other than a member referred to in the last preceding regulation who is a medical officer or a dental officer is the rate per day specified in relation to his rank and length of service in the rank in the following table:—

(3.) The rate of pay of a medical officer who is a captain in the Regular Army Supplement and holds a position as a resident medical officer at a hospital is Ten dollars and fifty-four cents per day.

(4.) The rate of pay of a chaplain is the rate per day specified in relation to his classification and length of service in the classification in the following table:—

(5.) The rate of pay per day of an officer holding an appointment of Quartermaster, being an officer who was appointed as a Quartermaster before the twenty-sixth day of June, 1964, is—

(a) the rate of pay specified in Part A of the table in sub-regulation (1.) of this regulation in relation to the rank and length of service in the rank of the officer; or

(b) the sum of the rate of pay specified in the following table in relation to the rank and length of service in the rank of the officer and Thirty-three cents,

whichever is the greater.

(6.) The rate of pay of a member who is appointed as a lieutenant while undergoing a medical course at a University is Four dollars and twelve cents per day from and including the date of commencement of his

service in accordance with sub-regulation (2.) of regulation 15 of these Regulations until his appointment as a captain in the Regular Army Supplement.

(7.) Subject to the next succeeding sub-regulation, the rate of pay of a member who is appointed a lieutenant while undergoing a course, other than a medical course, at a University or Technical College is the rate per day, from and including the date of the commencement of his service in accordance with sub-regulation (3.) of regulation 15 of these Regulations, specified in relation to the nature of his course of studies and his stage of training in the following table:—

(8.) A member referred to in the last preceding sub-regulation becomes eligible for the rate of pay of a lieutenant from and including the first day of March which next occurs after he has succesfully completed his course of studies.

(9.) The rate of pay of a warrant officer Class 1 of the Royal Australian Survey Corps who possesses such technical qualifications as are determined by the Military Board is the rate per day specified in relation to his rank and length of service in the rank in the following table:—

(10.) The rate of pay of a member who is a student at the Officer Cadet School or an Officer Training Unit is—

(a) the rate, per day specified in Part B of the table in sub-regulation (1.) of this regulation in relation to a member holding the rank of corporal and the classification Group 1; or

(b) the rate per day specified in that table in relation to a member holding the rank and classification (if any) held by the member immediately before he became such a student,

whichever is the greater.

(11.) Subject to the next two succeeding sub-regulations, the rate of pay and deferred pay of an army apprentice during his apprentice training is the rate per day or per week, as the case may be, specified in relation to his classification, stage of training and, where specified, his age, in the following table:—

(12.) The rate of pay of an apprentice tradesman in his fourth year of apprentice training is the rate applicable to a private of such classification as the Military Board determines.

(13.) The deferred pay of an army apprentice shall be retained as an accumulating credit in his pay account and is payable on termination of his service or—

(a) in the case of an apprentice tradesman—on completion of his third year of apprentice training; or

(b) in any other case—on completion of his apprentice training,

whichever is the earlier.

(14.) The rate of pay of a native member holding the rank of Second Lieutenant is—

(a) if he was appointed an officer before the first day of July, 1964—Six dollars and fourteen cents per day; or

(b) if he was appointed an officer on or after that date—Five dollars and ninety-one cents per day.

(15.) The rate of pay of a native member, other than a native member who is an officer, is the rate per month specified in relation to his rank and, where specified, his classification and the length of service in the rank in the following table:—

(16.) From the pay payable to a native member, other than a native member who is an officer, an amount equal to twenty-five per centum of that pay shall be retained as an accumulating credit in the pay account of the member.

(17.) The amount of the accumulating credit in the pay account of a native member is payable to the member upon the completion of his

engagement or re-engagement or upon the termination of his service, whichever first occurs.

(18.) Subject to the next succeeding sub-regulation and the next succeeding regulation, the rate of pay of a female member is the rate per day specified in relation to her rank and length of service in the rank and, where specified, her classification or age, in the following table:—

Part A—Officers.

Part B—Soldiers.

Part B—Soldiers—continued.

(19.) The rate of pay of a female member who is a medical officer or a dental officer is the rate of pay per day specified in relation to her rank and length of service in the rank in the following table:—

(20.) For the purposes of this regulation—

(a) where the rate of pay of a member immediately before he is appointed to commissioned rank is higher than the rate that would, but for this sub-regulation, be applicable to the member upon that appointment, the rate of pay of the member is the next higher rate applicable to the rank to which he is appointed and, for the purpose of incremental advancement, he shall, immediately before the day as from which he is so appointed, be deemed to have completed the service in that rank entitling him to payment at that next higher rate;

(b) an incremental advancement in the rate of pay of a member in respect of length of service in a rank or classification is subject to such conditions as are approved by the Military Board;

(c) a rate of pay prescribed in relation to a classification applies to such members as the Military Board designates as holding that classification for the purposes of this regulation; and

(d) a member’s length of service in a rank includes such period of service in another rank as is approved by the Military Board as service in that first-mentioned rank for the purpose of determining incremental advancement.

Good conduct increments.

13.—(1.) Subject to such conditions as are approved by the Military Board, the rate of pay of a member of, or below, the rank of bombardier or corporal shall be increased by a good conduct increment after the completion of five years’ service and by a further good conduct increment after the completion of ten years’ service.

(2.) A good conduct increment under this regulation—

(a) in the case of a male member—is Twelve cents per day; and

(b) in the case of a female member—is Eight cents per day.

(3.) The service of a member for the purposes of this regulation means such service as the Military Board determines.

(4.) A good conduct increment is not payable to a native member.

Special increase in pay.

14.—(1.) Subject to the next succeeding sub-regulation, the rate of pay of a male member of the rank of Warrant Officer Class 1 or of a lower rank is, by virtue of this regulation, increased by Forty cents per day.

(2.) The last preceding sub-regulation does not apply to—

(a) a native member;

(b) an apprentice tradesman; or

(c) an apprentice musician or apprentice clerk who has not attained the age of eighteen years.

Calculation of pay.

15.—(1.) Subject to the succeeding provisions of this regulation, the service of a member for the purposes of pay commences on the day on which he commences duty.

(2.) The service of a member referred to in sub-regulation (4.) of regulation 12 of these Regulations commences—

(a) on the first day of January which next occurs after he has successfully completed the third year of his medical course; or

(b) on the date of his application for appointment as a lieutenant, whichever last occurs.

(3.) The service of a member referred to in sub-regulation (5.) of regulation 12 of these Regulations commences—

(a) if undergoing a course other than a dental course—on the commencement of the academic year in which he is appointed as a lieutenant or the first day of March in that year, whichever is the earlier;

(b) if undergoing a dental course—on the first day of February which next occurs after he has successfully completed a year of his dental course; or

(c) on the date of his application for appointment as a lieutenant, whichever last occurs.

(4.) The service of a person who is an applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces and who attends an enlistment centre of the Military Forces in the Command in which his place of residence is situated and is appointed or enlisted in consequence of that attendance commences on the day on which he necessarily leaves his place of residence to attend the enlistment centre.

(5.) The rate of pay of a person referred to in the last preceding sub-regulation in the period before he commences duty is, unless the Military Board otherwise determines, the rate of pay applicable to a private recruit.

(6.) Subject to the next succeeding regulation the service of a member for the purposes of pay ceases at midnight on—

(a) the day recorded in the Department as—

(i) the day on which he died;

(ii) the day on or after which he died;

(iii) the day on or before which he died; or

(iv) the day on which he became missing and is for official purposes presumed to be dead,

unless he is subsequently found to be alive; or

(b) the day of termination of his service.

(7.) An incremental advancement in the rate of pay of a member in respect of length of service in a rank or classification, and a good conduct increment in the rate of pay of a member, is payable from and including the day after the day upon which the member completes the period of service for which the increased rate or increment is specified.

Period during which member entitled to pay when absent on account of illness or injury.

16.—(1.) Subject to this regulation, a member who has been absent from duty on account of illness or injury for a continuous period exceeding six months is not entitled to pay and allowances under these Regulations in respect of any period of the absence continuing after the expiration of that period of six months.

(2.) A member who has been absent from duty for a continuous period of six months on account of an illness suffered or an injury sustained whilst serving oversea is, if the Military Board considers that he is unable to resume duty at the expiration of that period of six months by reason of the illness or injury, entitled to pay and allowances under these Regulations in respect of such further period of absence (if any), not exceeding six months, as the Military Board determines.

(3.) Where—

(a) a member has been absent from duty for a continuous period of six months on account of illness or injury;

(b) a claim has, within that period of six months, been made under whichever of the Acts referred to in sub-regulation (7.) of this regulation is applicable that the illness or injury is an illness or injury in respect of which that Act makes provision for the payment of compensation or pension; and

(c) the claim has not been determined under that Act within that period of six months,

the Military Board may determine that this sub-regulation applies to the member, and in that case, the member is entitled to pay and allowances under these Regulations during any continuation of the absence that occurs after the expiration of that period of six months and before the expiration of the next succeeding six months or, if, in that next succeeding period of six months, a determination is made under that Act disallowing or rejecting the claim, until the date on which the determination is made.

(4.) A member who has been absent from duty for a continuous period of six months on account of an illness suffered or an injury sustained that is attributable to service is, if the Military Board considers that he is unable to resume duty after the expiration of that period of six months by reason of the illness or injury, entitled to pay and allowances under these Regulations in respect of such further period of absence (if any), not exceeding six months, as the Military Board determines.

(5.) Where—

(a) the Military Board has made, under the last preceding sub-regulation, a determination in respect of a member;

(b) the illness or injury that is the cause of the absence from duty of the member resulted in an amputation of a part of the member’s body, or the treatment of which involved amputation, bone-grafting or skin-grafting; and

(c) the Military Board is satisfied that further treatment of the injury or illness is necessary,

the member is entitled to pay and allowances under these Regulations in respect of such further period of the absence, not exceeding six months, as the Military Board determines.

(6.) Where a member—

(a) has been absent from duty on account of illness or injury;

(b) has resumed duty;

(c) is, within fourteen days after resuming duty, again absent from duty on account of the same illness or injury,

the periods during which the member is so absent shall be deemed to be, for the purposes of this regulation, a continuous period of absence from duty.

(7.) For the purposes of this regulation, an illness or injury is attributable to service if—

(a) it is an illness or injury in respect of which the Commonwealth Employees’ Compensation Act 1930-1964 makes provision for the payment of compensation; or

(b) it is an illness or injury in respect of which the Repatriation Act 1920-1965, the Repatriation (Far Eastern Strategic Reserve) Act 1956-1964 or the Repatriation (Special Overseas Service) Act 1962-1965 makes provision for the payment of a pension.

(8.) This regulation does not—

(a) entitle a member to pay and allowances; or

(b) authorize the Military Board to make a determination under which a member becomes entitled to pay and allowances,

in respect of any period that occurs after the member attains the precribed age of retirement or, if the Governor-General has extended the prescribed age of retirement, after the expiration of the period of the extension.

Pay and allowances when absent on account of illness or injury caused by own offence.

17.—(1.) Where—

(a) a member has been absent from duty for a continuous period exceeding thirty days on account of illness or injury, whether or not by reason of the fact that he is in hospital; and

(b) the Military Board determines that the illness or injury is due to the action or conduct constituting an offence of which the member has been convicted,

the member shall forfeit—

(c) one-half of his pay in respect of each day, from and including the thirty-first day to and including the ninety-first day, on which he is so absent from duty; and

(d) the whole of his pay and, subject to regulation 27 of these Regulations, the whole of his allowances in respect of each day on which he is so absent from duty after the expiration of ninety-one days.

Pay and advances against pay where pay forfeited or pay account overdrawn.

18.—(1.) Subject to the next succeeding sub-regulation, where a member’s pay account is without credit balance—

(a) because the member’s pay has been forfeited or stopped; or

(b) because of the deduction from the member’s pay of—

(i) a fine inflicted upon or a sum of money ordered to be paid by, or stopped from the pay of, the member;

(ii) an amount equivalent to an amount overpaid in respect of an allotment by the member; or

(iii) an amount agreed to be paid by the member in respect of loss or damage to departmental property issued to the member,

the member may, subject to such conditions as are approved by the Military Board, draw in respect of each day that his pay account is without a credit balance, as an advance against his future pay and allowances, an amount equivalent to one-tenth of his daily rate of pay.

(2.) A member is not eligible for an advance against future pay and allowances where he is undergoing a sentence of imprisonment, detention or field punishment in custody, or is absent without leave, but where a member is serving in stage three of a sentence of detention in a military corrective establishment he may, subject to such conditions as are approved by the Military Board, be paid a sum not exceeding Twenty cents per day.

Division 3.—Marriage, Separation and Provision Allowances.

Marriage allowance.

19.—(1.) Subject to this Division, an allowance, called “marriage allowance”, is payable at the rate of Ninety-five cents per day to male members in accordance with the succeeding provisions of this regulation.

(2.) Marriage allowance is payable at the full rate to a member—

(a) who is married, is not separated from his wife and maintains his wife;

(b) who is widowed, or deserted by his wife, and voluntarily maintains his children; or

(c) who is separated or divorced from his wife, or whose marriage has been annulled, and who has the custody of, and voluntarily maintains his children.

(3.) Where—

(a) a member is separated from his wife;

(b) there is an order of a court against the member for the maintenance of his wife or children at a rate exceeding One dollar and fifty cents per day; and

(c) an allotment in satisfaction of the court order has been made by the member and is in force,

marriage allowance is payable to the member at a rate equivalent to—

(d) the amount by which the rate of the court order exceeds One dollar and fifty cents per day; or

(e) the full rate of marriage allowance,

whichever is the less.

(4.) Where the marriage of a member has been terminated by divorce ox has been annulled and there are no children of the marriage or the annulled marriage, marriage allowance is not payable to the member.

(5.) Where—

(a) the marriage of a member has been terminated by divorce or has been annulled;

(b) the member’s former wife has custody of the children of the marriage or the annulled marriage;

(c) there is an order of a court against the member for the maintenance of his former wife and the children of the marriage or the annulled marriage or the maintenance of those children at a rate exceeding One dollar and fifty cents per day; and

(d) an allotment in satisfaction of the court order has been made by the member and is in force,

marriage allowance is payable to the member at a rate equivalent to—

(e) the amount by which the rate of the court order exceeds One dollar and fifty cents per day; or

(f) the full rate of marriage allowance,

whichever is the less.

(6.) Where a member has married more than once, the provisions of this regulation authorize payment of marriage allowance only in respect of the last marriage in respect of which he is eligible for an allowance in accordance with the preceding provisions of this regulation.

(7.) For the purposes of this regulation, where a member has custody of a child of his marriage (including a marriage which has been terminated by divorce or which has been annulled), he shall be deemed to have the custody of his children.

(8.) Marriage allowance is not payable to a member in receipt of a consolidated rate of pay or to a native member.

(9.) References in this regulation to a child of a member shall be read as including references to a child (not being an ex-nuptial child), stepchild or legally adopted child of the member who—

(a) has attained the age of 16 years but has not attained the age of 18 years;

(b) is undergoing fulltime education; and

(c) is not qualified for admission to a university.

(10.) A person shall be deemed to be qualified for admission to a university for the purposes of the last preceding sub-regulation, if the person has passed an examination approved by the Military Board for the purposes of this sub-regulation.

Maxium marriage allowance payable.

20. Nothing in this Division shall be deemed to entitle a member to payment of marriage allowance at more than the full rate prescribed by the last preceding regulation.

Commencement of payment of marriage allowance.

21.—(1.) Where a member is married at the time of commencement of his service and, on appointment or enlistment, authorizes payment of a qualifying allotment or a court order allotment, marriage allowance is payable from and including the date of his appointment or enlistment.

(2.) Where a member marries after the commencement of his service and authorizes payment of a qualifying allotment, marriage allowance shall, subject to the next succeeding sub-regulation, be payable from and including such date, not being earlier than the date of marriage or a later date not more than three months before the date in respect of which he authorized payment of the allotment, as a prescribed authority approves.

(3.) Payment of arrears of marriage allowance under the last preceding sub-regulation shall not be made unless the member authorizes payment of the amount of those arrears direct to his wife.

Qualifying allotment for payment of full rate of marriage allowance.

22.—(1.) Except as otherwise expressly provided by this Division, the full rate of marriage allowance is not payable unless the member authorizes payment to his wife, or to an appropriate person approved by a prescribed authority, of an allotment of—

(a) not less than a rate of Two dollars and forty-five cents per day in the case of a member to whom, while living in, separation allowance is not payable; or

(b) not less than a rate of Three dollars and fifteen cents per day in the case of a member to whom, while living in, separation allowance is payable.

(2.) A person shall not be deemed to be an appropriate person for the purposes of the last preceding sub-regulation unless that person has the care of the member’s children or there are circumstances that, in the opinion of the prescribed authority, justify that person being considered an appropriate person.

(3.) A prescribed authority may approve of the member’s wife and one or more appropriate persons, or of more than one appropriate person, for the purposes of an allotment under sub-regulation (1.) of this regulation, and the qualifying allotment may be made up by the sum of the allotments made to the respective approved persons.

(4.) Where, in the opinion of the prescribed authority, there is no appropriate person to whom a member should make a qualifying allotment and the member is making adequate provision for the maintenance of his children, the prescribed authority may waive the obligation of the member, either wholly or in part, to make the allotment.

(5.) Where the obligation of a member to make a qualifying allotment is waived either wholly or in part, in pursuance of the last preceding sub-regulation, his failure to make the allotment or the full allotment does not affect his eligibility for payment of marriage allowance.

Separation allowance.

23.—(1.) Subject to this Division, a member to whom the full rate of marriage allowance is payable shall be paid an allowance, called “separation allowance”, at the rate of Seventy cents per day, in respect of any period for which the member by reason of his military duties lives away from his home or does not qualify for provision allowance.

(2.) Separation allowance is not payable to a member who is a widower or is deserted by, or separated or divorced from, his wife or whose marriage has been annulled, unless the member has children and maintains a home for them.

(3.) For the purpose of the last preceding sub-regulation, a member shall not be deemed to be deserted by his wife while he makes an allotment to her at a rate not less than the rate specified in paragraph (b) of sub-regulation (1.) of the last preceding regulation.

(4.) Separation allowance is not payable in respect of a period of leave other than—

(a) a period of leave of less than seventy-two hours granted to the member while he is living in; or

(b) a period of leave not exceding seven days granted to the member while he is living out and in receipt of living out away from home allowance where the member does not return to his home.

(5.) Separation allowance is not payable to a member in receipt of a consolidated rate of pay or to a native member.

Provision allowance.

24.—(1.) Subject to this Division, a member to whom the full rate of marriage allowance is payable shall be paid an allowance, called “provision allowance”, at the rate of Seventy cents per day, in respect of—

(a) a period of living out of not less than seventy-two consecutive hours where the member is not in receipt of living out away from home allowance;

(b) a period of leave of not less than seventy-two consecutive hours granted to the member while he is living in; and

(c) a period of leave granted to the member while he is living out and in receipt of living out away from home allowance where—

(i) the leave exceeds seven days; or

(ii) the member returns to his home.

(2.) Provision allowance is not payable to a member where separation allowance is payable to the member.

(3.) Provision allowance is not payable to a member in receipt of a consolidated rate of pay or to a native member.

Allowances for applicants for appointment or enlistment.

25.—(1.) An applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces, shall, in respect of any period for which he is eligible for pay under Division 2 of this Part, be paid marriage allowance and separation or provision allowance if he is eligible for marriage allowance on appointment or enlistment as if he were serving as a member during that period.

(2.) Where a medical officer, a dental officer or a pharmaceutical officer employed a locum tenens while attending for an interview or medical examination in connexion with his appointment as such an officer and while travelling to and from that interview or medical examination, locum tenens allowance is payable to the officer—

(a) if the officer is a medical officer or a dental officer—at the rate of Fourteen dollars and seventy cents per day; or

(b) if the officer is a pharmaceutical officer—at the rate of Ten dollars and fifty cents per day.

Member under arrest or undergoing imprisonment.

26.—(1.) The Military Board may approve of payment of an allowance to a member while he is under close arrest or is undergoing a period of imprisonment or detention.

(2.) An allowance under the last preceding sub-regulation is subject to such conditions as the Military Board determines and shall not exceed the sum of the rates of marriage allowance and separation allowance for which the member would otherwise be eligible under these Regulations when by reason of his military duties he lives away from home.

(3.) An allowance under sub-regulation (1.) of this regulation is not payable—

(a) to a member who has not married; or

(b) after the termination of the service of the member.

(4.) Nothing in these Regulations shall be deemed to prevent the Military Board directing a payment in the nature of an allotment by a member as a condition for payment of an allowance to the member under this regulation.

General provisions relating to eligibility for certain allowances.

27.—(1.) Where marriage allowance is payable under sub-regulation (3.) or sub-regulation (5.) of regulation 19 of these Regulations, the total of marriage allowance and living out allowance shall not exceed the sum of

marriage allowance and provision allowance and, for that purpose, the rate of living out allowance shall be reduced to such an extent as is necessary.

(2.) Subject to the next succeeding sub-regulation, where a member is absent from duty on account of sickness or injury and forfeits pay in accordance with regulation 17 of these Regulations, the full rate of marriage allowance is payable for the period during which pay is forfeited.

(3.) The full rate of marriage allowance is not payable unless the member authorizes payment to his wife, or to an appropriate person approved by a prescribed authority, of an allotment at a rate not less than the rate of—

(a) where he forfeits one-half of his rate of pay—

(i) One dollar and seventy cents per day in the case of a member to whom, while living in, separation allowance is not payable; or

(ii) Two dollars and forty cents per day in the case of a member to whom, while living in, separation allowance is payable; or

(b) where he forfeits the whole of his rate of pay—

(i) Ninety-five cents per day in the case of a member to whom, while living in, separation allowance is not payable; or

(ii) Two dollars and sixty-five cents per day in the case of a member to whom, while living in, separation allowance is payable.

(4.) Provision allowance is not payable to a married member in respect of any period for which he is paid living out away from home allowance under Part VIII. of these Regulations, but, subject to sub-regulation (2.) of regulation 23 of these Regulations, he shall be paid separation allowance in respect of that period.

(5.) Where travelling allowance, shipboard allowance or oversea living out allowance is payable under these Regulations to a married member, provision allowance is payable concurrently, except that if the member is not accompanied by his wife, or his children, in respect of whom marriage allowance is payable, separation allowance, subject to sub-regulation (2.) of regulation 23 of these Regulations, is payable in lieu of provision allowance.

(6.) Separation allowance is not payable to a married member in respect of a period for which he is paid retention of lodgings allowance under Part VIII. of these Regulations but he shall be paid provision allowance in respect of that period.

Division 4.—Higher Duties Allowance.

Higher duties allowance.

28.—(1.) Subject to the succeeding sub-regulations of this regulation and to such conditions as the Military Board determines, where a member holding a rank lower than the rank for a position on the establishment of a part of the Military Forces performs temporarily the full duties of the position, an allowance, called “higher duties allowance”, is payable to the member.

(2.) Higher duties allowance is not payable unless the period for which the acting member performs the duties of the position is for six or more consecutive working days.

(3.) A day for which the member is absent from duty on a unit rest day or a public holiday does not count as a working day for the purpose of the qualifying period referred to in the last preceding sub-regulation, but shall not be deemed to interrupt the continuity of that qualifying period.

(4.) Higher duties allowance is not payable in respect of a period for which the acting member is absent from duty on recreation leave during the period of his acting in the position.

(5.) Higher duties allowance is payable in respect of any period for which the acting member is absent from duty on a unit rest day or public holiday, or on emergency leave or while sick not exceeding a total of three days during the period of his acting in the position if, immediately after the absence from duty, the member continues to perform the duties of the position.

(6.) Higher duties allowance is payable from and including the day on which the acting member performs the duties of the position.

(7.) Higher duties allowance is not payable unless the approving authority is satisfied that—

(a) the duties of the position cannot be distributed among other personnel;

(b) the acting member is performing competently the full duties of the position; and

(c) real and definite responsibilities are involved in that performance.

(8.) The Military Board may appoint an officer to be an approving authority for the purposes of the last preceding sub-regulation.

(9.) In this regulation, “promoted” includes promoted to a provisional, probationary, temporary or acting rank.

Rates of higher duties allowance.

29.—(1.) Where, under the last preceding regulation, higher duties allowance is payable to a member, the rate of allowance is the rate payable in accordance with the provisions of this regulation that are applicable to the circumstances.

(2.) The rate of higher duties allowance is a rate per day equal to the amount of the difference between the rate of active pay per day payable to the acting member in respect of the rank that he holds and the rate of active pay per day payable to a member on promotion to the rank for the position.

(3.) Where—

(a) a consolidated rate of pay is prescribed by these Regulations for the holder of the rank for the position; and

(b) the acting officer holds a rank for the holder of which a rate of active pay per day is prescribed by these Regulations,

the higher duties allowance is a rate per day equal to the amount of the difference between—

(c) the sum of the rate of active pay per day payable to the acting officer in respect of the rank that he holds and such allowances as are payable to him under this Part and which would not be payable to an officer holding the rank for the position; and

(d) one-three hundred and sixty-fifth of the consolidated rate of pay payable to an officer holding the rank for the position.

(4.) Where—

(a) a consolidated rate of pay is prescribed by these Regulations for the holder of the rank for the position; and

(b) the acting officer holds a rank for the holder of which a consolidated rate of pay is prescribed by these Regulations, the higher duties allowance is a rate per day equal to the amount of the difference between one-three hundred and sixty-fifth of each of the consolidated rates of pay.

(5.) Notwithstanding the preceding provisions of this regulation, where the rank for the position is more than one rank higher than that held by the acting member, the rate of allowance is equal to the amount of the difference between the rate of active pay payable to the acting member and—

(a) the rate of active pay payable to a member on promotion to the rank immediately higher than that held by the acting member; or

(b) if the Military Board considers that exceptional circumstances exist, such rate, being the rate of active pay payable to a member on promotion to a rank higher than that held by the acting member, but not higher than the lowest rank for the position, as the Military Board determines.

(6.) In this regulation—

“active pay”, in relation to a medical officer or a dental officer, includes a special allowance under the next succeeding regulation;

“rank for the position” means—

(a) in relation to a position in an establishment which is normally filled by a civilian, the rank shown in the establishment as appropriate to the position;

(b) in relation to an acting member who performs the duties of a position but who could not be promoted because of a restriction placed upon the rank to which he may be promoted, the highest rank to which he may be promoted; and

(c) in relation to a position for which two ranks are provided in the establishment, the lower rank so provided.

Division 5.—Allowances for Special Duties and Qualifications.

Special allowance for Brigadier who is a medical or dental officer.

30. A Brigadier who is a medical or dental officer may be paid an allowance at the rate of Four hundred and eighty-eight dollars per annum.

Entertainment allowance.

31.—(1.) Subject to the succeeding provisions of this regulation, an allowance called “entertainment allowance” is payable at the rate of One dollar per day to the officer who holds the appointment of Commandant, Royal Military College.

(2.) Entertainment allowance under the last preceding sub-regulation is payable from and including the day upon which the Commandant, Royal Military College assumes command, to and including the day upon which he relinquishes that command.

(3.) Where the Commandant, Royal Military College is absent from duty on leave or while sick, entertainment allowance continues to be payable during that period of absence if—

(a) during that period another officer is not appointed to the command; and

(b) he resumes duty in the appointment on the expiration of the period of leave or sickness.

Chaplains’ allowance.

32.—(1.) Subject to the succeeding provisions of this regulation, an allowance called “chaplains’ allowance” is payable to a chaplain for the provision and maintenance of equipment and vestments.

(2.) The chaplains’ allowance is—

(a) on appointment—

(i) if appointed from the Active Citizen Military Forces—Eighty dollars; and

(ii) in any other case—One hundred dollars; and

(b) on completion of each continuous period of twelve months’ service after appointment—Ten dollars.

(3.) Where a chaplain receives an allowance in accordance with the last preceding sub-regulation and does not complete a period of four years’ continuous service, the Military Board may require the chaplain to pay to the Department an amount of Twenty dollars for each year or part thereof that he failed to complete such service.

(4.) Without prejudice to the right of the Commonwealth to recover by other means any amount payable by a member to the Department under the last preceding sub-regulation, that amount may be deducted from the pay and allowances that are or become payable to him under these Regulations.

Flying allowance.

33.—(1.) Subject to the succeeding provisions of this regulation an allowance, called “flying allowance”, is payable to a member in respect of a period for which—

(a) he undergoes a course of air pilot training; or

(b) after qualifying at a course of air pilot training—

(i) he undergoes instruction, including flying instruction, at a more advanced course;

(ii) he serves on flying duties as a pilot with an Army aviation unit;

(iii) as a qualified instructor he trains air pilots;

(iv) he serves in an air staff appointment; or

(v) with the approval of the Military Board, he serves on flying duties as a pilot otherwise than with an Army aviation unit.

(2.) Flying allowance is not payable—

(a) to a member referred to in paragraph (a) of the last preceding sub-regulation in respect of a period before the member commences the flying portion of his course; or

(b) to a member referred to in sub-paragraph (iv) or (v) of paragraph (b) of the last preceding sub-regulation in respect of the period of three consecutive months commencing on the day on which he commenced to serve in his air staff appointment or on flying duties as a pilot, as the case may be, or in

respect of a subsequent period of three consecutive months, unless the member has, during the period, completed at least six hours’ flying time as a pilot in command of an aircraft.

(3.) The flying allowance is—

(a) where the member is eligible for the allowance under paragraph (a) of sub-regulation (1.) of this regulation—at the rate of Thirty-five cents per day; or

(b) where the member is eligible for the allowance under paragraph (b) of sub-regulation (1.) of this regulation—at the rate per day specified in relation to his rank and, where specified, his length of service in the rank, in the following table:—

Parachutists allowance.

34.—(1.) Subject to the succeeding provisions of this regulation an allowance, called “parachutists’ allowance”, is payable to a member in respect of a period for which—

(a) he undergoes a course of military training as a parachutist in which he qualifies as a parachutist;

(b) he serves as a parachutist with an army parachute unit;

(c) he serves as a parachute training instructor at the School of Land/Air Warfare; or

(d) as a qualified parachutist not serving with an army parachutist unit—

(i) is required to make a parachute descent from an aircraft in the course of his duties; or

(ii) undergoes a refresher training course.

(2.) The parachutists’ allowance is—

(a) where the member is entitled to the allowance under paragraph (a) of the last preceding sub-regulation—at the rate of Fifty-five cents per day;

(b) where the member is entitled to the allowance under paragraph (b) of the last preceding sub-regulation—at the rate of Eighty-three cents per day;

(c) where the member is entitled to the allowance under paragraph (c) of the last preceding sub-regulation—at the rate of Ninety-four cents per day; and

(d) in any other case—

(i) if required to make a parachute descent from an aircraft in the course of his duties—at the rate of Eighty-three cents for each day that a parachute descent is made; or

(ii) where the member undergoes a refresher training course—at the rate of Eighty-three cents for each day of the course.

(3.) Subject to the next succeeding sub-regulation, parachutists’ allowance is not payable to a member referred to in paragraph (a), (b) or (c) of sub-regulation (1.) of this regulation in respect of a day—

(a) for which the member is in hospital as a result of illness or injury caused by his own default;

(b) that is more than six months after the day on which the member last made a parachute descent; or

(c) for which the member is borne on the strength of a unit other than a parachute unit or parachute training unit.

(4.) Where the Military Board approves, for the purposes of this sub-regulation, payment of parachutists’ allowance to members included in a class of members specified in the instrument of approval in respect of a period so specified (which may be a period commencing before the commencement of this sub-regulation), parachute allowance is payable to a member included in that class of members in respect of a day included in that period notwithstanding that the day is more than six months after the day on which the member last made a parachute descent.

(5.) In this regulation, “parachute unit” and “parachute training unit” mean units so designated by the Military Board.

Hard-lying allowance.

35.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “hard-lying allowance”, is payable—

(a) to a soldier who is posted to and living on board a ship employed on sea service; and

(b) to an officer who is posted to and living on board a ship employed on sea service—

(i) in which the living conditions, in the opinion of the Military Board, are markedly inferior to those experienced by officers of the Royal Australian Navy serving in the type of ship described by the Royal Australian Navy as the “Destroyer” class, on normal service; or

(ii) in which the accommodation provided for him in the opinion of the Military Board is not superior to that provided for a senior soldier posted to and serving on that ship.

(2.) In this regulation—

“employed on sea service” includes such time spent in port as the Military Board determines;

“ship” means such sea-going vessel as the Military Board determines.

(3.) The rate at which “hard-lying allowance” is payable is Thirty-two cents per day or Eighteen cents per day, as the Military Board determines.

Tropical allowance.

36.—(1.) An allowance, called “tropical allowance”, is payable, at the rate of Fifteen cents per day, to a soldier who is posted to, and is living on board, a ship employed on sea service in respect of any period during which he is engaged on duty on the ship, either at sea or in port, within the tropics.

(2.) In this regulation, “duty” means employment or duty included in a class of employment or duty determined by the Military Board to be duty for the purposes of this regulation.

Survey party allowance.

37.—(1.) Where a member serves with a survey party and is required to camp out in the course of his duties, an allowance called “survey party allowance”, is payable to him subject to such conditions as the Military Board determines.

(2.) The survey party allowance is—

(a) where a cook is provided by the Department for the survey party—at the rate of Thirty-two cents per day; or

(b) in any other case—at the rate of Fifty-two cents per day.

(3.) Where a member serving with a survey party camps out in an isolated district referred to in sub-regulation (1.) of regulation 41 of these Regulations, an allowance equivalent to the rate specified in the table in sub-regulation (4.) of that regulation in relation to a member living in, is also payable to him in respect of each day of service in an isolated district.

Linguists bounty.

38.—(1.) Subject to such conditions as the Military Board determines, an allowance, called “linguists bounty”, is payable, at such rate as the Military Board determines, to a member who attains an approved standard of proficiency in an approved foreign language.

(2.) In the last preceding sub-regulation—

“approved foreign language” means a language other than the English language approved by the Military Board for the purposes of this regulation;

“approved standard of proficiency”, in relation to an approved foreign language, means a standard of proficiency in the language approved by the Military Board.

Diving allowance.

39.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “diving allowance”, is payable to a diver, in respect of the time during which he is under water or under compression in the course of a diving operation authorized by his commanding officer, at the rate specified, according to the depth of the diving operation, in the following table:—

(2.) For the purpose of the last preceding sub-regulation, all time from the time at which the diver enters the water or goes under compression to the time at which he emerges from the water or ceases to be under compression shall be regarded as time under water at the greatest depth reached in the course of the diving operation.

(3.) Where a diver attends another diver during a diving operation, the attendant shall be paid—

(a) diving allowance of an amount equal to one-fifth of the amount of diving allowance paid to the diver, calculated to the nearest cent; or

(b) if the attendant is employed in a compression chamber—diving allowance at a rate equal to the rate of diving allowance payable to the diver,

but if he is attending on more than one diver at the same time, the diving allowance is payable only in respect of one diver.

(4.) If, in the opinion of the commanding officer, any work performed by a diver in the course of a diving operation has not been performed satisfactorily, the whole or any portion of the diving allowance payable under the preceding provisions of this regulation to that diver in respect of the diving operation may be disallowed by the commanding officer.

(5.) In this regulation, “diver” means a member who has the qualifications approved by the Military Board as the qualifications that a member must possess before he is classified as a diver.

Special allowance.

40.—(1.) The Minister may, having regard to the special nature of the member’s duties, appointment or any other circumstances, authorize the payment to the member of a special allowance where no other allowance is payable in respect of the duties, appointment or circumstances under these Regulations.

(2.) An allowance under the last preceding sub-regulation is payable at such rates, for such periods and subject to such conditions, as are determined by the Minister.

Division 6.—Allowances by Reason of Service in Certain Areas in Australia.

District allowance.

41.—(1.) In this regulation, “isolated district” means—

(a) a locality in respect of which a district allowance is payable to officers of the Commonwealth Public Service under regulation 101 of the Public Service Regulations; or

(b) a locality that is determined to be an isolated district in pursuance of sub-regulation (3.) of this regulation.

(2.) The grade in which an isolated district, being a locality referred to in paragraph (a) of the last preceding sub-regulation, is classified in pursuance of regulation 102 of the Public Service Regulations for the purpose of payment of district allowance under those Regulations shall be deemed to be the grade in which that isolated district is classified for the purpose of this regulation.

(3.) Where, in the opinion of the Military Board, residence in a locality involves disadvantage or hardship owing to the distance of the locality from a centre of urban population, the severity of its climate or the cost of living in that locality, the Military Board may—

(a) determine that that locality is an isolated district for the purpose of this regulation; and

(b) classify that isolated district in a grade corresponding with a classified grade referred to in the last preceding sub-regulation.

(4.) Subject to the succeeding provisions of this regulation, where a member is posted for service in, and resides in, an isolated district, an allowance, called “district allowance”, is payable to the member, from and including the day upon which he arrives in that district to and including the day before the day he ceased to reside in that district, at the rate per day specified, according to the grade of the isolated district and his marital and living conditions in the following table:—

(5.) Subject to the next succeeding sub-regulation, where a married member is eligible for payment of district allowance under this regulation while living out and his wife is employed in an isolated district by the Commonwealth or an authority of the Commonwealth, the rate of district allowance payable to the member is the rate specified in the table in the last preceding sub-regulation in relation to a member other than a married member.

(6.) Where the wife of a member referred to in the last preceding sub-regulation has been granted leave without pay for a period of not les than seven consecutive days, the rate of district allowance payable to the member while his wife is on that leave is the rate specified in the table in sub-regulation (4.) of this regulation in relation to a married member.

(7.) Where a member, while posted for service in an isolated district, departs from that district on furlough, district allowance is not payable unless the member’s family is residing in the isolated district; in that case the allowance continues, subject to sub-regulation (10.) of this regulation, to be payable while the family so resides.

(8.) Where a member, while posted for service in an isolated district, departs from that district—

(a) on leave;

(b) for admission to hospital; or

(c) on duty,

and is intended to resume duty in the isolated district, district allowance continues to be payable, subject to sub-regulations (9.) and (10.) of this regulation, in respect of the period of his temporary absence from the isolated district at the rate that would have been payable to him if he had not departed from the district

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(9.) If, during a period of a member’s duty referred to in paragraph (c) of the last preceding sub-regulation, the member serves for a continuous period of more than thirty days in a locality other than an isolated district, district allowance ceases to be payable after the expiration of the first thirty days of that period, unless the member’s family is residing in the isolated district; in that case the allowance continues, subject to the next succeeding sub-regulation, to be payable while the family so resides.

(10.) If, during a period of a member’s absence from an isolated district referred to in sub-regulation (7.) or (8.) of this regulation, it is decided by the Military Board that the member shall not return to that district, district allowance at the rate payable to the member in respect of that isolated district ceases, subject to the next succeeding sub-regulation, to be payable from and including the day upon which the notification of that decision is given to the member.

(11.) Where the family of a member to or in relation to whom the last preceding sub-regulation applies is compelled by circumstances to remain in the isolated district after the notification referred to in that sub-regulation is given to the member, the Military Board may approve of continuation of the allowance while the member’s family is compelled to remain in that district.

(12.) Where a member serving in an isolated district is posted to another isolated district, district allowance at the rate payable to him in respect of his residence in the isolated district from which he is transferred remains payable to him to and including the day immediately before the day from and including which district allowance is payable in respect of the isolated district to which he is transferred.

(13.) Where a member lives out in an isolated district and is required to live in temporarily in that district, he shall, while he so lives in, be paid the rate of district allowance payable to him under this regulation while living out, but that rate of allowance ceases to be payable—

(a) in the case of a married member whose family resides in the district—if and when his family leaves the district; and

(b) in the case of any other member—after thirty days.

(14.) Notwithstanding anything in this regulation, where a member is eligible under the preceding provisions of this regulation for more than one rate of district allowance in respect of his and his family’s residence in different isolated districts at the same time, the higher rate of allowance only is payable.

(15.) District allowance is not payable to a native member or in respect of service in an isolated district where the member is in the locality for the purpose of a visit, tour, inspection or for any other temporary purpose.

(16.) Subject to the next succeeding sub-regulation and to such conditions as the Military Board determines, where a member is posted from an isolated district and is, at the conclusion of his service in that district, granted recreation leave or leave because he is sick, district allowance continues to be payable for the period of recreation leave of absence while sick.

(17.) District allowance is not payable under the last preceding sub-regulation—

(a) for any period of absence while sick that exceeds the period of recreation leave due to the member at the completion of his service in the district; or

(b) unless the absence on recreation leave or leave because he is sick commences immediately upon the completion of his service in the district.

Territory allowance.

42.—(1.) Where a member posted for service in the New Guinea areas is entitled to district allowance under the last preceding regulation in respect of service in that area, an allowance, called “territory allowance”, is payable to the member from and including the day on which he arrives in that area to and including the day immediately preceding the day on which he ceases to reside in that area or the day on which he is posted for service outside that area, whichever is the later day, at the appropriate rate per day specified in the following table having regard to his rank, classification and marital condition and whether or not his family are also residing in the New Guinea area.

(2.) For the purposes of the last preceding sub-regulation, “family” has the same meaning as in Division 11 of Part II.

Woomera allowance.

43.—(1.) Subject to this regulation, an allowance, called “Woomera allowance”, is payable to—

(a) a member who is posted for service at the Weapons Research Establishment, Woomera; and

(b) a member who, not having been so posted, serves at that Establishment for a continuous period of not less than thirty days.

(2.) Woomera allowance is payable at such rate or rates, for such period, and subject to such conditions as the Military Board determines.

(3.) The Military Board may determine different rates of Woomera allowance according to different facts and circumstances specified in the determination.

Maralinga allowance.

44.—(1.) An allowance, called “Maralinga allowance”, is payable to—

(a) a member who is posted for service at the army establishment at Maralinga; and

(b) a member who, not having been so posted, serves at that establishment for a continuous period of not less than thirty days.

(2.) Maralinga allowance is payable at such rate or rates, for such period and subject to such conditions as the Military Board determines.

(3.) The Military Board may determine different rates of Maralinga allowance according to different facts and circumstances specified in the determination.

One allowance payable.

45. Where a member is eligible under the last two preceding regulations for either Woomera allowance or Maralinga allowance in circumstances in which he is also eligible for district allowance under regulation 41 of these Regulations, the member shall not be paid both allowances but shall be paid whichever of the allowances is payable at the higher rate.

Broken Hill allowance.

46. Subject to such conditions as the Military Board determines, an allowance, called “Broken Hill allowance”, is payable to a member who has been posted to a unit in Broken Hill and is living out, at the rate of—

(a) Fifty-two cents per day for a married member; or

(b) Thirty-eight cents per day for a member other than a married member.

Special area allowance.

47. A member who is serving in a remote area in Australia and is not eligible for an allowance under this Division may, if the Military Board determines that the conditions of service in that area so warrant, be paid a special area allowance at such rate and subject to such conditions as the Military Board determines.

Division 7.—Allotments.

Voluntary allotment.

48. Subject to regulation 51 of these Regulations, a member may make an allotment from his pay and allowances to or for the benefit of such person, institution or corporation or to the credit of such bank account as is approved by a prescribed authority.

Compulsory deductions.

49. Subject to regulation 51 of these Regulations, where the Minister is of opinion that a person is wholly or partly dependent upon, or has a claim for maintenance against, a member, the Minister may direct that such reasonable sum as the Minister thinks fit for the support of that person be deducted from the pay of the member and paid to, or for the benefit of, that person.

Compulsory deductions deemed to be allotment.

50. A deduction from the pay of a member directed by the Minister under the last preceding regulation shall, for the purposes of these Regulations, be deemed to be an allotment made by the member.

Limit on amount which may be allotted.

51. An allotment shall not exceed such amount as would leave less than ten per centum of the member’s pay and allowances available to the member and shall not include the amount of a clothing maintenance allowance, and the amount of such other allowance (if any) as the Military Board determines, payable to the member under these Regulations.

Suspension, variation or cancellation of allotment.

52.—(1.) A prescribed authority may, where in his opinion circumstances justify that course of action—

(a) suspend payment of an allotment or part of an allotment;

(b) vary an allotment; or

(c) cancel an allotment.

(2.) A prescribed authority shall not suspend the payment of an allotment or part of an allotment, or vary or cancel an allotment, under the last preceding sub-regulation, unless he has first given notice in writing to the member of the intention to suspend, vary or cancel.

(3.) Where an allotment is made by a member under regulation 48 of these Regulations, the member may vary or cancel the allotment.

(4.) An allotment by a member shall be deemed to be cancelled—

(a) from and including the day after the day on which the service of the member is terminated;

(b) from and including the day after the day on which the member dies;

(c) from and including the day after the day on which the person to or for whose benefit the allotment was made dies; and

(d) subject to regulation 54 of these Regulations, from and including the day after the day on which the member becomes missing on war service.

(5.) An allotment by a member is not payable in respect of a period for which the member is not eligible for pay under these Regulations.

Payment in lieu of allotment where member dies on war service.

53.—(1.) Where a member dies on war service, an amount equal to an allotment made by the member—

(a) to or for the benefit of a person in respect of whom the member is eligible for marriage allowance; or

(b) in satisfaction of an order by a court of competent jurisdiction for the maintenance of the member’s wife or children,

is payable in lieu of the allotment until thirty days after the Department notifies the Repatriation Commission of the member’s death.

(2.) If, at the time payment of an amount under the last preceding sub-regulation ceases, a claim for a pension under the Repatriation Act 1920-1965 by the person to or for whose benefit the payment was made has not been determined by the Repatriation Commission and the delay is not caused by the neglect or default of that person, payment of a similar amount or of such lesser amount as is determined by a prescribed authority shall be made until the claim is determined.

(3.) Where a member reported or presumed to be dead on war service is subsequently found not to have died, the amount of any payment under sub-regulation (1.) or (2.) of this regulation made on account of the reported or presumed death of the member shall be deemed to have been made by way of payment or part payment, as the case may be, of his allotment.

Payment to lieu of allotment where member missing on war service.

54.—(1.) Subject to the succeeding provisions of this regulation, where a member becomes missing on war service—

(a) an allotment made by the member—

(i) to or for the benefit of a person in respect of whom the member is eligible for marriage allowance; or

(ii) in satisfaction of an order by a court of competent jurisdiction for the maintenance of the member’s wife or children,

continues to be payable as if the member had not become missing on war service;

(b) an allotment made by the member to the credit of his personal bank account ceases to be payable from and including the day after the day on which notification that the member is missing on war service is received by the Department; and

(c) an allotment, other than an allotment referred to in the last two preceding paragraphs, continues to be payable until thirty days after the day upon which the member became missing on war service or, if a prescribed authority considers that the allotment should be continued—

(i) in order to safeguard the member’s rights under a life assurance policy or under any other personal commitment; or

(ii) because the person to or for whose benefit the allotment is paid is wholly or partly dependent upon the allotment,

the allotment, or an allotment at such reduced rate as the prescribed authority determines, is payable as if the member had not become missing on war service.

(2.) Where a member is reported missing on war service and is subsequently found to have died or is presumed to have died and a pension is not granted under the Repatriation Act 1920-1965 to the person to or for whose benefit an allotment by the member was made, an amount paid under the last preceding sub-regulation in respect of the period before the member’s death or presumed death shall be deducted from the pay and allowances due to the member as at the date of his death or presumed death.

(3.) To the extent that an amount referred to in the last preceding sub-regulation is not recoverable by deduction from the pay and allowances due to the member as at the day of his death or presumed death, it shall be deemed to be a debt owed to the Commonwealth by the person to or for whose benefit it was paid and, without prejudice to any other means of recovery, may be recovered by suit in a court of competent jurisdiction.

(4.) Where a member becoming missing on war service is subsequently-found to be alive, an allotment by the member shall be payable as if the member had not become missing on war service and, for this purpose, any amount of allotment withheld as a result of the member becoming missing on war service shall become payable.

Meaning of war service.

55. For the purposes of the last three preceding regulations, “war service” means Malayan service within the meaning of the Repatriation (Far East Strategic Reserve) Act 1956-1964 or special service within the meaning of the Repatriation (Special Overseas Service) Act 1962-1965.

Payment of allotment.

56.—(1.) An allotment is payable, in fortnightly instalments, either into a bank account approved by a prescribed authority or by cheque, money order, bank draft or in currency directly to the person, institution or corporation to whom it is payable.

(2.) For the purpose of payment of instalments of an allotment in currency, the Military Board may authorize payments of the instalments through a postal officer.

(3.) A postal officer through whom payments of instalments of an allotment is authorized under the last preceding sub-regulation—

(a) shall, where a prescribed authority so directs in writing, vary or withhold payment of an instalment; and

(b) shall not pay an instalment—

(i) except to the person to whom the allotment is payable, or to a person authorized to receive payment of the allotment by the person to whom the allotment is payable in accordance with a form approved by the Military Board; and

(ii) unless the person to whom the allotment is payable gives a receipt for the instalment in accordance with a form approved by the Military Board or, in the case of a person authorized to receive payment of the allotment, unless the person so authorized signs a declaration, in accordance with a form approved by the Military Board, that he is not receiving payment of the instalment for the benefit of a person entitled to the instalment in consequence of an assignment of the instalment by the person to whom it is payable.

(4.) In this regulation, “postal officer” means a person in charge of a post office or an officer of the Postmaster-General’s Department authorized by the Department of the Army to pay instalments of allotments.

False statement.

57.—(1.) A person shall not procure payment of an instalment of an allotment under the last preceding regulation by means of a false statement in an authorization, receipt or declaration.

Penalty: Forty dollars or imprisonment for three months.

(2.) In addition to imposing a penalty, a court before whom a person is convicted under the last preceding sub-regulation may order the payment to the Commonwealth or to the person to whom the allotment is payable, as the case requires, of an amount equal to any moneys received by the person convicted in consequence of the false statement.

Payment of allotment outside the Common wealth.

58.—(1.) An allotment is not payable without the approval of a prescribed authority to or for the benefit of a person who resides oversea.

(2.) An allotment to a person who resides oversea is payable in Australian currency, or its equivalent after conversion at the prevailing rate of exchange, in the currency of the country in which the person resides.

Death of allottee.

59. Where a person to or for whose benefit an allotment is payable dies, the amount of allotment accrued and unpaid at the date of the person’s death is payable for the benefit of the estate of that person.

Overpayment of allotment.

60. An overpayment of an amount by way of allotment under these Regulations may be deducted from the pay and allowances that are or become payable to the member.

Division 8.—Gratuities.

Interpretation.

61. In this Division, unless the contrary intention appears—

“incapacity” means mental or physical incapacity in relation to civil employment;

“period of engagement for service”, in relation to a member, means the period for which he was appointed, enlisted or re-engaged or in respect of an appointment includes any period for which that appointment was extended;

“short service commission”, in relation to an officer, means a period of engagement for service—

(a) in the case of a medical officer—of one year, two years or four years;

(b) in the case of a dental officer—of two years or four years;

(c) in the case of a chaplain—of four years;

(d) in the case of a female officer—of two years or four years; and

(e) in the case of any other officer—of five years.

Gratuity—Medical officers.

62.—(1.) Subject to the succeeding provisions of this regulation, a gratuity is payable on the termination of service of a medical officer serving under a short service commission.

(2.) The rate of gratuity is—

(a) Two hundred and fifty dollars per annum in respect of service prior to the fourteenth day of December, 1959; and

(b) Four hundred dollars per annum in respect of service on and after that date.

(3.) The gratuity on completion of a period of engagement for service is payable in respect of each completed period of one year’s service.

(4.) The gratuity on the termination of service, other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more or, in the case of a married member, by reason of his death, is—

(a) where the period of engagement for service is for one year, or for one year with a right to serve for a further period of one or more years—the amount he would receive in accordance with this regulation, had he completed the year of service current at the date of termination of service;

(b) where the period of engagement for service is for two years, or for two years with a right to serve for a further period of two years—

(i) if the service is terminated at any time before the completion of two years’ service—the amount he would receive in accordance with this regulation had he completed the period of two years’ service current at the date of termination of service; or

(ii) if the service is terminated at any time after the completion of two years’ service—the amount he would receive in accordance with this regulation had the period of engagement for service been for four years and he had completed that engagement for service; or

(c) where the period of engagement for service is for four years with a right to resign at any time after two years’ service—

(i) if the service is terminated at any time before the completion of two years’ service—the amount he would receive in accordance with this regulation had the period of engagement for service been for two years and he had completed that engagement for service; or

(ii) if the service is terminated at any time after completion of two years’ service—the amount payable to him in accordance with this regulation for a period of engagement for service for two years and an additional amount of Thirty-three dollars and thirty-three cents for each completed month of service served after completion of two years’ service.

(5.) The gratuity on termination of service, other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum is—an amount calculated at one-twelfth of the amounts specified in sub-regulation (2.) of this regulation, as applicable, for each completed month of service.

(6.) The gratuity on the termination of service, other than on completion of a period of engagement for service, where the service is terminated in circumstances other than those specified in the last two preceding sub-regulations, is an amount calculated at one-twelfth of the amounts specified in sub-regulation (2.) of this regulation, as applicable, for each completed month of service, if—

(a) the officer has completed at least two years’ service; and

(b) the Military Board approves the payment of the gratuity.

(7.) A gratuity under this regulation shall not be payable in respect of any service after completion of a period of eight years’ continuous service.

Gratuity—Dental officers.

63.—(1.) A gratuity is payable on the termination of service of a dental officer serving under a short service commission in accordance with this regulation.

(2.) The gratuity on completion of a period of engagement for service is Two hundred and fifty dollars for each completed period of one year’s service.

(3.) The gratuity on the termination of service other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity exceeding sixty per centum, or in the case of a married member, by reason of his death, is—

(a) where the period of engagement for service is two years—Five hundred dollars, and if the engagement gave the right to serve for a further period of two years, an additional Five hundred dollars for any period of service served after the completion of two years’ service; or

(b) where the period of engagement for service is four years with a right to resign after two years’ service—Five hundred dollars plus an additional Twenty dollars and eighty-three cents for each month of service served after the completion of two years’ service.

(4.) The gratuity on the termination of service other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum is Twenty dollars and eighty-three cents for each completed month of service.

(5.) The gratuity on the termination of service, other than on completion of a period of engagement for service, where the service is terminated in circumstances other than those specified in the last two preceding sub-regulations is Twenty dollars and eighty-three cents for each completed month of service, if—

(a) the officer has completed two years’ service; and

(b) the Military Board approves the payment of the gratuity.

(6.) A gratuity under this regulation shall not exceed Two thousand dollars.

Gratuity—Other officers.

64.—(1.) A gratuity is payable on the termination of service of a male officer other than a medical officer or a dental officer serving under a short service commission in accordance with this regulation.

(2.) The gratuity on completion of a period of engagement for service is—

(a) where the officer does not agree to serve in the Reserve of Officers if so requested—Sixty dollars for each completed period of one year’s service; and

(b) in any other case—One hundred dollars for each completed period of one year’s service.

(3.) The gratuity on the termination of service other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more, or in the case of a married member, by reason of his death, is One hundred dollars for each completed period of one year’s service, or Four hundred dollars, whichever is the greater.

(4.) The gratuity on the termination of service, other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum is One hundred dollars for each completed period of one year’s service.

(5.) The gratuity on the termination of service, other than on the completion of a period of engagement for service, where the service is terminated in circumstances other than those specified in the last two preceding sub-regulations is—

(a) in the case of an officer appointed or re-appointed prior to the second day of August, 1955—

(i) where the officer does not agree to serve in the Reserve of Officers if so requested—Five dollars for each month of service; and

(ii) in any case—Eight dollars and thirty-three cents for each month of service; and

(b) in respect of an officer appointed or re-appointed on or after the second day of August, 1955—

(i) where the officer does not agree to serve in the Reserve of Officers if so requested—Sixty dollars for each completed period of one year’s service; and

(ii) in any other case—One hundred dollars for each completed period of one year’s service.

(6.) A gratuity under the preceding sub-regulation is not payable—

(a) unless the officer has completed two years’ service; and

(b) unless the Military Board approves the payment of the gratuity.

Gratuity—Female officers.

65.—(1.) A gratuity is payable on the termination of service of an officer of the Royal Australian Army Nursing Corps or the Women’s Royal Australian Army Corps serving under a short service commission in accordance with this regulation.

(2.) The rate of gratuity is—

(a) Eight cents per day in respect of service prior to the fourteenth day of December, 1959, where the officer was not a contributor under the Defence Forces Retirement Benefits Act 1948 or of that Act as amended from time to time; and

(b) Fifty dollars per annum in respect of service on and after that date.

(3.) The gratuity on completion of a period of engagement for service is payable in respect of each completed period of one year’s service of the officer.

(4.) The gratuity on the termination of service other than on completion of a period of engagement for service is—

(a) where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more—an amount calculated in accordance with sub-regulation (2.) of this regulation that the officer would receive had she completed her period of engagement for service or attained the retiring age of her rank, whichever would first occur.

(b) where the service is terminated—

(i) on the grounds of invalidity with an incapacity of less than sixty per centum; or

(ii) by reason of retrenchment in the Australian Military Forces,

an amount calculated in accordance with sub-regulation (2.) of this regulation for each completed period of one year’s service.

(c) where the service is terminated at the request of the officer and with the approval of the Military Board after completion of a period of at least two years’ service—an amount calculated in accordance with sub-regulation (2.) of this regulation for each completed period of one year’s service.

(5.) The gratuity payable to an officer who was serving on the fourteenth day of December, 1959, and who has become a contributor under the Defence Forces Retirement Benefits Act 1948-1959 or under that Act as subsequently amended and

(a) has elected or elects not to purchase former service as service for pension; or

(b) has elected or elects to purchase former service as service for pension but on termination of her service is not entitled to a pension or other benefit (other than a refund of contribution) under the Defence Forces Retirement Benefits Act 1948-1965,

is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the period of her service prior to becoming a contributor under the Defence Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, as the case may be.

Gratuity—Soldiers—A.R.A.

66.—(1.) A gratuity is payable, in accordance with this regulation, on the termination of service of a male soldier who enlisted in the Australian Regular Army on or after the first day of July, 1947, and before

the second day of July, 1948, and elected not to become a contributor under the Defence Forces Retirement Benefits Act 1948 or of that Act as amended from time to time.

(2.) Subject to this regulation, the gratuity is—

(a) where the member has completed twelve years’ service—

(i) if the member does not agree to serve in the Regular Army Reserve if so requested—Three hundred and twenty dollars; or

(ii) in any other case—Seven hundred and twenty dollars;

(b) where the member completes one or more further engagements following completion of twelve years’ service—the gratuity payable under the last preceding paragraph and in addition, gratuity at the rate of Sixty dollars per annum in respect of service prior to the fourteenth day of December, 1959, and at the rate of One hundred dollars per annum in respect of service on and after that date.

(3.) The gratuity where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more, or in the case of a married member, by reason of his death, is an amount calculated in accordance with the last preceding sub-regulation that the member would receive had he completed his period of engagement for service or attained the retiring age of his rank, whichever would first occur.

(4.) The gratuity where the service is terminated—

(a) on the grounds of invalidity with an incapacity of less than sixty per centum; or

(b) on attaining the retiring age of his rank,

is an amount calculated in accordance with sub-regulation (2.) of this regulation for each completed period of one year’s service.

(5.) The gratuity where the service is terminated—

(a) for the purpose of appointing a member to a permanent commission in the Australian Regular Army; or

(b) by reason of retrenchment in the Australian Military Forces, is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the period up to the date of termination of service.

(6.) The gratuity where the service is terminated—

(a) for disciplinary reasons;

(b) at the request of the member; or

(c) in the case of a married member, on the member’s death, or incapacity, where the death or incapacity occurred during a period of absence without leave of more than twenty-one days,

is an amount that would have been payable to him under sub-regulation (2.) of this regulation if he had been discharged on completion of the engagement for service which terminated immediately prior to the commencement of his current engagement for service.

Gratuity—Regular Army Supplement.

67.—(1.) A gratuity is payable to a soldier of the Regular Army Supplement, not being a soldier who is a national serviceman, in accordance with this regulation.

(2.) The rate of gratuity is Forty dollars per annum for the first twelve years’ service, and One hundred dollars per annum following completion of the first twelve years’ service.

(3.) The gratuity on completion of a period of engagement for service is payable in respect of each completed period of one year’s service.

(4.) The gratuity where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more, or in the case of a married member, by reason of his death, is—

(a) where the member has not completed twelve years’ service—Forty dollars; or

(b) where the member is serving under an engagement for service following completion of a period of twelve years’ service—the sum of Four hundred and eighty dollars, and, in addition, One hundred dollars,

for each completed period of one year’s service he would receive had he completed his period of engagement for service or attained the retiring age for his rank, whichever would first occur.

(5.) The gratuity where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum is Forty dollars for each completed period of one year’s service for the first twelve years’ service and One hundred dollars for each completed period of one year’s service in excess of a period of twelve years’ service.

(6.) The gratuity where the service is terminated—

(a) in order that the member may be appointed to a permanent commission in the Australian Regular Army; or

(b) by reason of retrenchment in the Australian Military Forces,

is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the member’s service to the termination of his service.

(7.) The gratuity where the service is terminated—

(a) for disciplinary reasons;

(b) at the member’s own request; or

(c) in the case of a married member, on the member’s death, or incapacity, where the death or incapacity occurred during a period of absence without leave of more than twenty-one days,

is that which would have been payable under this regulation to the member had he been discharged on completion of the engagement for service which terminated immediately prior to the commencement of his current engagement for service.

(8.) The gratuity payable to a member who has become a contributor under the Defence Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, as a member, not being an officer, and—

(a) has elected or elects not to purchase former service as service for pension; or

(b) has elected or elects to purchase former service as service for pension but on termination of his service is not entitled to a pension or other benefit (other than a refund of contributions) under the Defence Forces Retirement Benefits Act 1948-1965,

is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the period of his service prior to becoming a

contributor under the Defence Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, as the case may be.

(9.) A gratuity under this regulation is payable to a member—

(a) on termination of his service; or

(b) if desired by him, on completion of each period of engagement for service.

Gratuity—Female members other than officers.

68.—(1.) A gratuity is payable on the termination of service of a member, other than an officer, of the Royal Australian Army Nursing Corps and the Women’s Royal Australian Army Corps in accordance with this regulation.

(2.) The gratuity on completion of a period of engagement for service is Thirty dollars for each completed period of one year’s service for the first twelve years’ service and Fifty dollars for each completed period of one year’s service in excess of a period of twelve years’ service.

(3.) The gratuity on the termination (other than for disciplinary reasons or at the request of the member) of service other than on completion of a period of engagement for service is—

(a) where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more—an amount calculated in accordance with the last preceding sub-regulation that the member would receive had she completed her period of engagement for service or attained the retiring age of her rank, whichever first occurred;

(b) where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum—an amount calculated in accordance with the last preceding sub-regulation for each completed period of one year’s service; or

(c) where the service is terminated—

(i) for the purpose of appointing the member to a permanent commission; or

(ii) by reason of retrenchment in the Australian Military Forces,

an amount calculated in accordance with the last preceding sub-regulation in respect of the member’s service to the termination of her service.

(4.) The gratuity on the termination of service for disciplinary reasons or at the request of the member is an amount calculated in accordance with sub-regulation (2.) of this regulation that would have been payable to the member had she been discharged on completion of the engagement for service which terminated immediately prior to the commencement of her current engagement for service.

(5.) The gratuity payable to a member who was serving on the fourteenth day of December, 1959 and who has become a contributor under the Defene Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, and—

(a) has elected or elects not to purchase former service as service for pension; or

(b) has elected or elects to purchase former service as service for pension but on termination of her service is not entitled to a pension or other benefit (other than a refund of contributions) under the Defence Forces Retirement Benefits Act 1948-1965,

is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the period of her service prior to becoming a contributor under the Defence Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, as the case may be.

Gratuity payable to certain officers serving under short service commissions.

69.—(1.) Where a soldier who is not a contributor under the Defence Forces Retirement Benefits Act 1948-1965—

(a) is appointed to a short service commission;

(b) completes a period of not less than six years’ continuous service as a soldier and as an officer; and

(c) on termination of his short service commission is not entitled to a pension or other benefit (other than a refund of contributions) under the Defence Forces Retirement Benefits Act 1948-1965;

a gratuity is payable to him on termination of his service in accordance with this regulation.

(2.) The gratuity on termination of service where the period of engagement for service under the short service commission is completed is an amount equivalent to the sum that would be paid to him under this Division in respect of his service under a short service commission, and in respect of his service as a soldier as if he had been appointed to a permanent commission.

(3.) The gratuity on termination of service where the period of engagement for service under the short service commission is not completed is—

(a) the amount that would be paid to him under this Division if he had remained as a soldier for the full period of his service and his service had been terminated at his own request; or

(b) the amount payable to him in respect of his service under the short service commission,

whichever is the greater.

Gratuity not payable in certain cases.

70. A gratuity under the last eight preceding regulations is not payable—

(a) in respect of a period of service of a member which is service for pension under the Defence Forces Retirement Benefits Act 1948-1965 and in respect of which a pension or other benefit other than a refund of contributions is payable under that Act;

(b) in respect of a period of service of an officer serving under a short service commission who is appointed to a permanent commission or to a further short service commission and on termination of the short service commission elects under section 56 of the Defence Forces Retirement Benefits Act 1948-1965 not to be paid the gratuity;

(c) in respect of a period of service of a member where, on completion of a period of engagement for service, he is appointed to the Commonwealth Public Service and elects under section 74b of the Defence Forces Retirement Benefits Act 1948-1965 to transfer to the Commonwealth Superannuation Fund his contributions to the Defence Forces Retirement Benefits Fund;

(d) in respect of a period of service of a medical officer serving under a short service commission while undertaking a refresher course of training in accordance with regulation 172 of these Regulations prior to termination of his appointment;

(e) in respect of service as an officer in the Regular Army Special Reserve or Regular Army Supplement other than service as a national service officer;

(f) in respect of a period of engagement for service which has been terminated for disciplinary reasons;

(g) in respect of service which has been terminated on the grounds of invalidity or by the death of the member, if the invalidity or death was due to the member’s own default during his service or the invalidity or death resulted from a disability which was present at the commencement of his service and was not aggravated by his service;

(h) in respect of service of more than twenty-one consecutive days for which a member is not credited with pay; and

(i) in respect of a period of engagement for service of a member, not being a married member, who dies while serving.

Person to whom gratuity payable on death of married member.

71.—(1.) Subject to the next succeeding sub-regulation, a gratuity payable under regulations 62, 63, 64, 66, 67 or 69 of these Regulations on the death of a married member is payable to the dependant in respect of whom the member was eligible for the full rate of marriage allowance.

(2.) Where there is more than one dependant, the Military Board may authorize payment to, and may apportion the payment of the gratuity among, the dependants of the member.

Gratuities for gallantry.

72.—(1.) A soldier who has been awarded the Victoria Cross shall be paid as from the date of the act of bravery leading to the award an annuity of Twenty dollars per year and an additional Ten dollars for each bar added to the award.

(2.) Where a member in receipt of an annuity under the last preceding sub-regulation dies before he has received a total of One hundred dollars, an amount equal to the difference between the amount received by him and the sum of One hundred dollars shall be credited to his estate.

(3.) Where the Victoria Cross has been awarded posthumously to a soldier, an amount of One hundred dollars shall be credited to his estate.

(4.) A soldier who has been awarded the Military Cross, the Distinguished Conduct Medal, the Conspicuous Gallantry Medal, the Distinguished Service Medal, the Military Medal or the Distinguished Flying Medal shall be paid a gratuity of Forty dollars and an additional Forty dollars for each bar added to the award.

(5.) Payment under the last preceding sub-regulation shall be made to a member—

(a) on termination of his service; or

(b) on his appointment to commissioned rank.

(6.) Where a member entitled to a gratuity under the last preceding sub-regulation dies before the gratuity has been paid to him, it shall be credited to his estate.

(7.) Credits to a member’s estate under this regulation shall be made without deduction of any military debt.

Gratuity—Long Service and Good Conduct.

73.—(1.) A member holding the substantive rank of Warrant Officer, Class 2 or a lower substantive rank who has been awarded the Australian Long Service and Good Conduct Medal shall be paid a gratuity of Ten dollars—

(a) on promotion to the substantive rank of Warant Officer, Class 1;

(b) on appointment to commissioned rank; or

(c) on honorable termination of his service.

(2.) Where a member entitled to a gratuity under this regulation dies before the gratuity has been paid to him, it shall be credited to his estate without deduction of any military debt.

Forfeiture of gratuity.

74.—(1.) Where a member forfeits an award he shall also forfeit any annuity or gratuity payable to and not received by him in respect of the award under the last two preceding regulations.

(2.) Where the award having been forfeited is subsequently restored, any annuity or gratuity in respect of the award shall be payable as from the date of the restoration.

Division 9.—Travel in Australia at Departmental Expense.

Travel at Departmental expense.

75.—(1.) The cost (including any reservation fee) of a member’s travelling—

(a) on duty or for the purpose of leave;

(b) on the termination of his service; and

(c) in such other circumstances as the Military Board, in a special case, approves,

shall, subject to and in accordance with this Division, be borne by the Department.

(2.) For the purpose of this regulation, the cost of the member’s travel includes the cost of freight of so much of his baggage as the Military Board approves.

Method of travel.

76.—(1.) Subject to the succeeding provisions of this regulation, a member who travels on duty shall travel, and so much of his baggage as is approved by the Military Board shall be conveyed, by rail where that method of travel is available.

(2.) Between such places and in such circumstances as are determined by the Military Board, a member who travels on duty shall travel by public transport motor service, by sea or by air.

(3.) Subject to this Division, a member may, with the approval of the Military Board, be permitted to use a motor vehicle in his possession for the purpose of travelling on duty.

Travel by rail.

77.—(1.) Subject to the succeeding provisions of this regulation, when travelling at the expense of the Department by rail, other than in a troop train, an officer or a member holding the rank of warrant officer shall be allowed first class accommodation, and a member holding a rank lower than warrant officer shall be allowed second class accommodation.

(2.) A female member, other than an officer or a warrant officer, shall except when travelling as a member of a party, be allowed first class accommodation.

(3.) A member holding a rank lower than warrant officer may, when travelling at the expense of the Department by rail, other than in a troop train, on a journey by a narrow gauge line be allowed—

(a) first class sitting accommodation; or

(b) where the fare does not exceed the fare for first class sitting accommodation, second class sleeper accommodation.

(4.) When travelling on duty by rail an officer shall be allowed sleeping berth accommodation when it is available.

(5.) When a journey by rail necessitates travel for two or more consecutive nights, a warrant officer travelling at the expense of the Department shall be allowed sleeping berth accommodation, when it is available, for each night of the journey.

(6.) The Military Board or a medical officer may allow a wounded or invalid member a superior class of accommodation to that which he would otherwise be allowed, including, where overnight travel is involved, sleeping berth accommodation.

(7.) In this regulation, “a journey by a narrow gauge line” means a journey of more than fifty miles by a railway line in Australia where the gauge is three feet six inches or less.

Travel by sea.

78.—(1.) Subject to the next two succeeding sub-regulations, when travelling at the expense of the Department by sea from a place within Australia to another place within Australia, other than in a troopship—

(a) an officer or a member holding the rank of warrant officer shall be allowed first class accommodation;

(b) a non-commissioned officer above the rank of bombardier or corporal shall be allowed second class accommodation, or, in a ship which provides first and third class accommodation only, first class accommodation; and

(c) other members shall be allowed third class accommodation, or, in a ship which provides first and second class accommodation only, second class accommodation.

(2.) In such circumstances as are approved by the Military Board, a formation, &c., commander may, in the case of a member referred to in paragraph (c) of the last preceding sub-regulation who is not travelling as

a member of an organized body of troops, allow the member to travel in a higher class than that specified in relation to the member in that paragraph.

(3.) The Military Board or a medical officer may allow a wounded or invalid member travelling at the expense of the Department by sea from a place within Australia to another place within Australia a superior class of accommodation to that which he would otherwise be allowed.

Travel by air.

79. Where an officer travels on duty by air and the duration of the travel extends to the major portion of the night or after midnight, he may be allowed sleeping accommodation if it is available.

Travel on termination of service.

80.—(1.) Subject to the succeeding provisions of this regulation, a member may, on the termination of his service, be transported at the expense of the Department—

(a) if the member resided in Australia at the time of his appointment or enlistment—to the place at which he so resided; or

(b) if the member resided outside Australia at the time of his appointment or enlistment—to the capital city nearest to the place at which he is last posted for service before the termination of his service.

(2.) A member is not eligible to be transported at the expense of the Department under this regulation—

(a) if his service is terminated at his own request before he has completed 20 years’ continuous service—unless the request is made for reasons relating to his family and he has completed not less than 3 years’ continuous service; or

(b) if his service is terminated upon disciplinary grounds or on the ground of his invalidity and the invalidity is occasioned by his own default.

(3.) A member other than a married member eligible to be transported at the expense of the Department to a place in Australia under sub-regulation (1.) of this regulation may elect to travel to any other place in Australia, but, on the member so electing, the Department shall bear only so much of the cost of his fare to that other place as does not exceed the cost of his fare to the first-mentioned place.

(4.) Where the Military Board is satisfied that a married member has established or intends to establish a permanent home for his family at some place in Australia other than a place specified in sub-regulation (1.) of this regulation, he may be transported to that place at the expense of the Department.

(5.) Nothing in this regulation authorizes travel oversea at the expense of the Department.

Travel on termination of service on disciplinary grounds or for medical reasons occasioned by member’s own default.

81.—(1.) A member may, on the termination of his service on disciplinary grounds or for medical reasons occasioned by his own default, be transported at the expense of the Department—

(a) in the case of a married member—to the place in Australia where his family resides; or

(b) in the case of a member other than a married member—to his home in Australia.

(2.) The method of travel under this regulation shall be by the most economical means of transport available and the cost of travel borne by the Department shall include the cost of necessary meals during the journey.

(3.) In this regulation, “home”, in relation to a member, means such place as is determined by the Military Board to be the member’s home.

Applicants for appointment or enlistment.

82.—(1.) When an applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces makes a journey to the place of his interview and medical examination or for the purposes of attending at the place at which he is directed to take up duty on his appointment or enlistment, the cost of his transport from his residence to that place shall, subject to such conditions as are approved by the Military Board, be borne by the Department.

(2.) If an applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces is not directed to take up duty immediately after his interview and medical examination and returns to his place of residence to await further instructions from the Department, the cost of his transport from the place of interview and examination to his place of residence shall, subject to such conditions as are approved by the Military Board, be borne by the Department.

(3.) The method of travel under this regulation shall, wherever practicable, be by rail and—

(a) an applicant for appointment to commissioned rank shall be allowed first-class accommodation; and

(b) an applicant for enlistment shall be allowed second-class accommodation.

Travel on leave—members detached from units.

83.—(1.) Subject to the next succeeding sub-regulation, where a married member is serving with a unit in Australia in a locality other than the locality to which he is posted and it is intended that he serve with that unit for a period of not less than six months but less than twelve months, the member may, on such occasions and subject to such conditions as the Military Board determines, travel between the locality in which he is serving and the locality in which his family are residing at the expense of the Department.

(2.) Where—

(a) a member travels between the locality in which he is serving and the locality in which his family are residing;

(b) the member would, but for this sub-regulation, be entiled so to travel at the expense of the Department under the last preceding sub-regulation; and

(c) an amount equal to the cost to the Department of the member so travelling is greater than an amount equal to the cost to the Department of the member travelling between the locality in which he is serving and the locality to which he is posted,

the last preceding sub-regulation does not apply to or in relation to that travel by the member but the member may, in respect of that travel, be reimbursed an amount equal to that lesser amount.

(3.) Where a member is entitled to travel at the expense of the Department under this regulatilon on a particular occasion but his family travel to the locality in which he is serving instead of the member travelling to the locality in which his family are residing, the fares of his family, and the cost of transporting so much of his family’s baggage as the Military Board approves, to and from the locality in which the member is serving may, subject to such conditions as the Military Board determines, be paid by the Department.

Leave travel.

84.—(1.) This regulation applies to and in relation to a member who, having been granted recreation or emergency leave, travels from the locality in which he is serving to another locality for the purpose of spending the period, or part of the period, of leave in the last-mentioned locality.

(2.) The fares of the member other than a member serving in a remote locality or a member who is an army apprentice shall, subject to this regulation and to such conditions as the Military Board determines, be paid by the Department on one occasion in each financial year to enable him to visit his home or, with the approval of the Commander of a Command, to a place not further distant by rail than the member’s home.

(3.) Where in a financial year, a member, other than a member serving in a remote locality or a member who is an army apprentice—

(a) is granted emergency leave; or

(b) is recalled from leave before the expiration of the full period of the leave,

the Military Board may; if it considers that the circumstances so warrant, allow the member to travel at the expense of the Department on one additional occasion in the same financial year.

(4.) The fares of a member serving in a remote locality or of an army apprentice who is granted recreation leave or emergency leave shall be paid by the Department on such occasions and subject to such conditions as are determined by the Military Board.

(5.) In this regulation, “home”, in relation to a member, means such place as is determined by the Military Board to be the member’s home.

Leave travel—New Guinea area.

85.—(1.) Subject to the succeeding provisions of this regulation, where a member serving in the New Guinea area is granted recreation leave and travels to and from the Wau Leave Centre, the travel fare of the member and of any member of his family who travels with him, may, subject to such conditions as the Military Board determines, be paid by the Department.

(2.) A travel fare is not payable by the Department under this regulation unless the member makes a contribution to the Department of—

(a) in a case where only the member travels, Fifteen dollars; or

(b) in a case where a member of his family also travels, Twenty dollars.

(3.) The travel fare of a member and of any member of his family is not payable by the Department under this regulation more than once in any period of two years.

Married member serving in a remote locality and travelling on leave.

86.—(1.) This regulation applies to and in relation to a married member who—

(a) is serving and residing with his family in a remote locality other than the New Guinea area;

(b) has completed a period of two years’ residence in that locality;

(c) has volunteered to serve for a further period of not less than one year in that locality; and

(d) having been granted recreation leave, travels from that locality to another locality for the purpose of spending the period, or part of the period, of leave in the last-mentioned locality.

(2.) The fare of a member to and from the nearest capital city and of any member of his family who travels with him shall, subject to the succeeding provisions of this regulation, be paid by the Department.

(3.) Where the further period for which the member has volunteered to serve is less than two years, the fare is not payable by the Department unless the member makes a contribution to the Department of—

(a) in a case where only a member travels, Fifteen dollars; or

(b) in a case where a member of his family also travels, Twenty dollars.

(4.) Where the further period for which the member has volunteered to serve is not less than two years, the fare of the member and of any member of his family who travels with him is payable by the Department without any contribution by the member.

Members serving in the New Guinea area travelling on leave.

87.—(1.) Subject to the next succeeding sub-regulation, where a member who has been posted to the New Guinea area under a posting that was intended to be for a period of not less less than three years—

(a) is granted recreation leave during the period of that posting; and

(b) travels from that area for the purpose of spending the period, or part of the period, of that leave outside that area,

the fares of the member, and of any member of the family of the member who travels with him, to and from the nearest capital city are payable by the Department.

(2.) Where the fares of a member, or of a member and members of his family, have been paid by the Department under the last preceding sub-regulation in respect of travel during a period of recreation leave granted during the period of the member’s posting in the New Guinea area, the fares of the member or of any member of his family are not payable under that sub-regulation in respect of travel during any other period of recreation leave granted to the member during the period of that posting.

Married member serving in a remote locality and travelling on furlough.

88. Where a married member, while serving and residing with members of his family in a remote locality is granted furlough and travels from that locality to another locality for the purpose of spending the period, or part of the period, of furlough in the last-mentioned locality, the fare of the member to the nearest capital city and of any member of his family who travels with him shall be paid by the Department.

Alternative travel.

89.—(1.) Where a member is eligible under the last three preceding regulations for payment of the fares of the member and members of his family to the nearest capital city, he may elect to travel to any other place in Australia, but, on the member so electing, the Department shall pay only so much of the cost of the fares to that other place as does not exceed the cost of the fares to the nearest capital city.

(2.) Where the Military Board is satisfied that any member of a member’s family to and in relation to whom the provisions of the last three preceding regulations apply requires medical treatment, the Military Board may approve of payment of the fares of that person and any other member of the member’s family who travels with that person for the purpose of the medical treatment in lieu of payment of the fares in the circumstances in respect of which those provisions apply.

Interpretation.

90. For the purposes of the last four preceding regulations—

(a) “child”, in relation to a member, means—

(i) the child (not being an ex-nuptial child) or the stepchild of the member; or

(ii) the legally adopted child of the member, who is—

(iii) under the age of eighteen years; or

(iv) certified by a medical practitioner to be a permanent invalid,

and who is dependent upon the member;

(b) “member of family”, in relation to a member, means such of the persons who ordinarily reside with the member who would be removed at the expense of the Department if the member were posted to a new locality;

(c) “the nearest capital city” means the capital city of Australia nearest to the remote locality where the member is serving, except that, if that locality is in the New Guinea area, Sydney shall be deemed to be the nearest capital city and, if that locality is Darwin, whichever of the cities of Perth, Brisbane, Sydney, Melbourne or Adelaide that the member nominates shall be deemed to be the nearest capital city; and

(d) a member of his family shall be deemed to travel with the member if the member of his family travels at the same time as the member or within the period of three months immediately before or after the commencement of the member’s journey.

Leave travel concessions.

91. Portion of the fares of a member travelling on leave, other than recreation or emergency leave, shall be paid by the Department on such occasions and subject to such conditions as are determined by the Military Board.

Reimbursement of fares.

92.—(1.) Subject to the next succeeding sub-regulation and to such conditions as are approved by the Military Board, a member shall be reimbursed by the Department in respect of any fares incurred by him while travelling on duty.

(2.) Reimbursement of a fare is not payable under the last preceding sub-regulation—

(a) where the fare, including any return fare, exceeds an amount of One dollar—unless the member produces to his commanding officer a receipt for the payment of the fare; and

(b) where the fare, including any return fare, exceeds an amount of Two dollars—unless the Command Paymaster certifies that special circumstances warrant the reimbursement.

Tickets, &c., improperly used.

93.—(1.) In the event of a ticket, a warrant or another document authorizing the provision of transport at the expense of the Department under this Division being used for a purpose other than the transport of the person to or in respect of whom the ticket, warrant or other document was issued, that person shall be liable to pay to the Department the amount of the value of the transport.

(2.) Where, under the last preceding sub-regulation, a person is liable to pay an amount to the Department, that amount may be deducted from any moneys that are or become payable to that person or may be recovered by suit in a court of competent jurisdiction.

Payments for use of motor vehicles not deemed hire or reward.

94. An allowance or other payment, made by the Department to a member under these Regulations in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration within the meaning of a State law relating to motor vehicles, transport or traffic, and the member shall not be required to obtain a licence or permission or to pay a fee or tax under a State law by reason of the fact that he receives, or is entitled to receive, that allowance or other payment.

Damage to vehicle used for travel.

95. Where a member is permitted, under these Regulations, to use a vehicle in his possession, other than a Commonwealth vehicle, for the purpose of travel, nothing in these Regulations shall be deemed to impose any liability upon the Department in respect of damage to the vehicle caused by the negligence of the member.

Division 10.—Allowances Payable in Respect of Travel on Duty in Australia.

Travelling allowance.

96. An allowance, called “travelling allowance”, is payable in accordance with the provisions of this Division.

Members visiting another place in the course of their duty.

97.—(1.) Where, in accordance with a direction given by the proper military authority, a member visits a place within Australia other than his normal place of duty for the purpose of performing duty at that other place and that visit involves his absence over night from his normal place of residence, travelling allowance is, subject to this Division, payable in respect of the period of the visit, that is to say, from the time of the member’s departure from his normal place of duty to the time of his return to that place.

(2.) For the purposes of this regulation, a married member shall not be deemed to be absent from his normal place of residence in respect of any period for which he is able to live at his home.

Members posted for duty at another place.

98. Where a member serving at a place within Australia is posted for duty to another place within Australia and the time necessarily involved in travelling from the first mentioned place to that other place for the purpose of taking up duty extends overnight, travelling allowance is payable in respect of the period of travel.

Rates of travelling allowance.

99.—(1.) Subject to this Division, the rate of travelling allowance for the first twenty-one days in the one Capital City or place within Australia is that specified, according to the rank of the member and the place of residence of the member in the following table:—

(2.) Subject to this Division, the rate of travelling allowance payable to the Chief of the General Staff or to a Lieutenant-General appointed as Chairman, Chiefs of Staff Committee, is Seventeen dollars per day.

(3.) The rate of travelling allowance payable to a chaplain is—

(a) in the case of the Chaplain-General or a Chaplain, First Class—the rate prescribed for a colonel;

(b) in the case of a Chaplain, Second Class—the rate prescribed for a lieutenant-colonel;

(c) in the case of a Chaplain, Third Class—the rate prescribed for a major; and

(d) in the case of a Chaplain, Fourth Class—the rate prescribed for a captain.

(4.) If a member resides continuously for twenty-one days in any one place travelling allowance is not payable after the conclusion of that period except with the approval of the Military Board and at such rates and subject to such conditions as the Military Board determines.

(5.) For the purposes of this Division—

(a) a place in the New Guinea area shall be deemed to be a Capital City;

(b) a reference to the rank of a member is a reference to the rank held by the member during the period in respect of which travelling allowance is payable.

(6.) Where a member is promoted, travelling allowance is not payable at a higher rate (if any) prescribed by this Division in respect of the rank to which the member is promoted for any period before the date on which notification of the promotion is published in the Gazette.

Rate of allowance for journey.

100.—(1.) Subject to the succeeding provisions of this regulation, the rate of travelling allowance payable in respect of the period of an unbroken journey by the normal method of public transport within Australia from one Capital City to another, or, where at the outset of the journey a return trip is intended, from any place to a Capital City and from that Capital City back to the place at which the journey commenced, is the same rate as that prescribed by the last preceding regulation for residence in a Capital City.

(2.) The rate of travelling allowance payable in respect of any journey within Australia other than a journey referred to in the last preceding sub-regulation is the same rate as that prescribed by the last preceding regulation in respect of residence in a place other than a Capital City.

(3.) The preceding provisions of this regulation do not apply to or in relation to a member referred to in sub-regulation (2.) of the last preceding regulation.

(4.) Where a member unnecessarily or for private reasons breaks his journey, travelling allowance is not payable in respect of the period of the break.

(5.) For the purposes of this regulation, a journey shall not be deemed to be broken at any point if the member travels from that point by the next available scheduled means of transport by which he is required to travel.

Reduction of allowance where rations or quarters are provided or fare includes subsistence.

101.—(1.) Where a member to whom travelling allowance is payable under this Division is provided with rations by the Commonwealth without charge, the member shall be paid—

(a) an amount equal to the amount paid by him for quarters, or if in the opinion of the Military Board, the amount so paid by him is not reasonable, such amount as the Military Board considers to be reasonable; and

(b) an allowance to cover incidental expenses at the rate applicable to the member under this regulation.

(2.) Where a member to whom travelling allowance is payable under this Division is provided with quarters by the Commonwealth without charge, the member shall be paid—

(a) an amount equal to the amount paid by him for rations or if, in the opinion of the Military Board the amount so paid by him is not reasonable, such amount as the Military Board considers to be reasonable; and

(b) an allowance to cover incidental expenses at the rate applicable to the member under this regulation.

(3.) Where a member to whom travelling allowance is payable under this Division travels by rail or sea and the fare paid includes all necessary subsistence during the course of the journey, the member shall be paid an allowance to cover incidental expenses at the rate applicable to the member under this regulation.

(4.) Where a member to whom travelling allowance is payable under this Division travels by civil aircraft on a journey involving a stop overnight en route and the fare paid includes all necessary subsistence and accommodation during the journey, the member shall be paid an allowance to cover incidental expenses at the rate applicable to the member under this regulation.

(5.) Nothing in this regulation affects the rate of travelling allowance payable under regulation 99 of these Regulations to a member who travels on a civil aircraft on a journey that does not involve a stop overnight en route.

(6.) The rate of travelling allowance payable to a member under this regulation to cover incidental expenses is that specified, according to the rank of the member in the following table:—

Cases in which travelling allowance is not payable.

102. Travelling allowance is not payable under this Division to a member—

(a) for any period during which the member is provided with rations and quarters by the Commonwealth without charge to the member;

(b) if the member travels as a member of an organized body of troops, in a troop-train, in a naval vessel, in a Defence Force aircraft or in a vessel or aircraft specially chartered or requisitioned for the carriage of troops; or

(c) in respect of a period of travel while the member is on leave of absence from duty.

Mess fees allowance for service at Woomera and Maralinga.

103. Where a member visits the Weapons Research Establishment at Woomera or the Army Establishment at Maralinga and is provided with rations and quarters at a mess, an allowance of an amount equivalent to the amount of any obligatory mess fees incurred by the member during that visit is payable to him, subject to such conditions as are approved by the Military Board.

Alteration of travelling allowance.

104.—(1.) Where the amount of the expenses reasonably incurred by a member for accommodation and subsistence in respect of any one period of absence exceeds the amount ascertained by deducting, from the amount payable to the member under this Division in respect of that period, an

amount equal to the amount deemed to be payable under this Division to the member to cover incidental expenses in that period, the Military Board or, if the amount of the excess does not exceed Seven dollars, the Command Secretary may authorize payment to the member of an amount equal to the excess.

(2.) For the purposes of the last preceding sub-regulation, the amount deemed to be payable to the member to cover incidental expenses in the period is the sum of—

(a) where the member is, in the period, entitled to travelling allowance at the Capital City rate specified in regulation 99 of these Regulations—an amount ascertained by multipyling the rate specified in regulation 101 of these Regulations as the rate applicable to the member under that regulation for residence in a Capital City by the number that is equal to the number of days (including, where necessary, a fraction of a day) for which the member is in the period, entitled to the Capital City rate specified in regulation 99 of these Regulations;

(b) where the member is, in the period, entitled to travelling allowance at the other than Capital City rate specified in regulation 99 of these Regulations—an amount ascertained by multiplying the rate specified in regulation 101 of these Regulations as the rate applicable to the member under that regulation for residence in a place other than a Capital City by the number that is equal to the number of days (including, where necessary, a fraction of a day) for which the member is, in the period, entitled to the other than Capital City rate; and

(c) where the member is paid an allowance under paragraph (b) of sub-regulation (1.), or paragraph (b) of sub-regulation (2.), sub-regulation (3.), or sub-regulation (4.) of regulation 101 of these Regulations—the amount so paid to the member.

(3.) The Military Board, after having regard to the expenses reasonably incurred by a member for a period in which travelling allowance is payable to him, may authorize payment of a less amount than the amount prescribed by this Division to be payable or may disallow payment of a member’s claim for travelling allowance.

Calculation of allowance for part of day.

105. Where the time in respect of which an allowance under this Division is payable consists of, or includes, part of a day, the member shall, in respect of that part of a day, be paid a proportionate part of the amount of the allowance payable in respect of a complete day of twenty-four hours, calculated to the nearest hour.

Meal vouchers.

106. Where, in accordance with a direction given by a proper military authority, a member travels on duty by rail, in circumstances in which an allowance under the preceding provisions of this Division is not payable to him and he is not provided with rations, he may, if the proper military authority so directs and subject to such conditions as are approved by the Military Board, be issued with a meal voucher entitling him to debit the cost of the meal to the Department.

Meal allowance.

107.—(1.) Where, in accordance with a direction given by a proper military authority, a member travels on duty and that travel extends over a normal meal period but does not involve his absence overnight from his normal place of residence in circumstances in which a meal voucher under the last preceding regulation is not issuable to him, an allowance, called “meal allowance” is, subject to such conditions as the Military Board determines, payable to the member.

(2.) The rate of meal allowance payable is—

(a) if absence extends over morning meal period—Fifty-five cents;

(b) if absence extends over mid-day meal period—Fifty-five cents; and

(c) if absence extends over evening meal period—Ninety cents.

Mileage allowance.

108.—(1.) Subject to the succeeding provisions of this regulation, where a member has been permitted under sub-regulation (3.) of regulation 76 of these Regulations to use a motor vehicle in his possession for the purpose of travelling on duty, an allowance, called “mileage allowance”, is payable to the member.

(2.) Where permission has been granted to a member because—

(a) there is no normal method of public transport available to the destination at which the duty is to be performed; or

(b) greater efficiency and saving to the Department would result from the use of the motor vehicle in his possession than would be the case if other means of transport were used,

the rate of mileage allowance is that specified according to the type of motor vehicle in the following table:—

(3.) Where permission has been granted to a member to use a motor vehicle in his possession instead of travelling by the normal method of public transport and it is not to the disadvantage of the Department, the amount of mileage allowance payable is—

(a) the sum of an amount calculated at the appropriate rate per mile in respect of the number of miles necessarily travelled on duty and an amount equal to the travelling allowance (if any) that would, but for the provisions of the next succeeding sub-regulation, be payable under this Division in respect of the period during which he was actually travelling on duty; or

(b) the sum of an amount equal to the cost of the fare by the normal method of public transport available to the destination and an amount equal to the travelling allowance (if any) that would but for the provisions of the next succeeding sub-regulation, be payable under this Division if he had travelled to his destination by that method of transport,

whichever is the less.

(4.) Travelling allowance is not payable to a member under this Division in respect of any travel on duty for which the member receives mileage allowance calculated as provided in the last preceding sub-regulation.

(5.) In sub-regulation (3.) of this regulation, the reference to the appropriate rate per mile shall be read as a reference to the rate per mile for each mile after 5,000 miles in a period of twelve months specified in sub-regulation (2.) of this regulation in relation to the class of motor vehicle in which the motor vehicle used by the member is included.

(6.) Where a member, to and in relation to whom this regulation applies, is granted permission—

(a) to carry as a passenger one or more members whose fares by public transport would otherwise have been a charge to the Department;

(b) to carry departmental stores or equipment, the weight of which is not less than two hundredweights; or

(c) to attach for departmental use to his motor vehicle a trailer or caravan the weight of which in hundredweights exceeds the rated horsepower units of his motor vehicle,

he may be paid, subject to such conditions as the Military Board determines, an allowance not exceeding one cent per mile in addition to the rate specified in the table in sub-regulation (2.) of this regulation.

Applicants for appointment or enlistment.

109.—(1.) Subject to such conditions as are approved by the military Board, an applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces, who makes a journey referred to in regulation 82 of these Regulations necessitating his absence from his normal place of residence over night shall, in respect of expenses necessarily incidental to, and incurred by him in the course of that journey, be paid—

(a) an amount equivalent to the amount of the expenses that he actually incurs; or

(b) an amount equivalent to the amount of travelling allowance that would have been payable under this Division in respect of a similar journey by a member holding the same rank as that to be held by the applicant upon appointment or enlistment,

whichever is the less.

(2.) An amount is not payable under the last preceding sub-regulation in respect of a period of a journey during which—

(a) rations and quarters are provided in pursuance of Part VIII. of these Regulations; or

(b) the fare paid includes the provision of meals en route.

(3.) Where an applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces makes a journey referred to in regulation 82 of these Regulations which does not necessitate his absence from his normal place of residence over night and, during the course of the journey, necessarily purchases a midday meal, he may be paid in respect of the cost to him of that meal such amount as the Military Board determines.

Division 11.—Removal of Families, Furniture and Effects in Australia.

Interpretation.

110.—(1.) In this Division, unless the contrary intention appears—

“child”, in relation to a member, means—

(a) the child (not being an ex-nuptial child) or the stepchild of the member; or

(b) the legally adopted child of the member;

“family”, in relation to a member, means the persons who ordinarily reside with the member, being—

(a) his wife;

(b) his child under the age of twenty-one years;

(c) a child of the member who has attained the age of twenty-one years but is, through illness or infirmity, dependent upon the member;

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(d) a dependent mother of the member or of his wife; or

(e) a dependent father of the member or of his wife, if dependent upon the member through illness or infirmity,

and, in the case of a member who is widowed, divorced or separated from his wife, and has children under the age of twenty-one years, includes a person residing in a home maintained by the member for his children and acting as house-keeper or guardian of the children;

“removal”, in relation to a member, means the transport within Australia of the member’s family and any furniture and effects of the member and the members of his family, including, where necessary, the packing or unpacking of the furniture and effects, and “removed” has a corresponding meaning;

“separated”, in relation to a member, means where the member lives apart from his wife for reasons other than reasons connected with his military duties.

(2.) Where a member requests that his daughter, although she has attained the age of twenty-one years, should be regarded as a member of his family for the purposes of this Division—

(a) because she is performing essential domestic duties in his household; or

(b) for other special reasons,

the Military Board may approve of her being so regarded.

(3.) Although a person is one of a member’s family as defined in sub-regulation (1.) of this regulation, he shall be deemed not to be included in the member’s family for the purpose of this regulation if the Military Board is not satisfied that the circumstances of the member’s family justify that person being provided, at the expense of the Department, with a removal.

(4.) A person specified in paragraph (c), (d), or (e) of the definition of “family” in sub-regulation (1.) of this regulation shall not be deemed to be dependent upon the member unless—

(a) that person is wholly dependent upon the member; or