STATUTORY RULES
1968 No. 63
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REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*
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 1903-1966.
Dated this twenty-second day of May, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Phillip Lynch
Minister of State for the Army.
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Amendments of the Military Financial Regulations†
Chaplains allowance.
1.—(1.) Regulation 32 of the Military Financial Regulations is amended—
(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2.) the words “Eighty dollars” and inserting in their stead the words “One hundred dollars”;
(b) by omitting from sub-paragraph (ii) of that paragraph the words “One hundred dollars” and inserting in their stead the words “One hundred and twenty-five dollars”;
(c) by omitting from paragraph (b) of sub-regulation (2.) the words “Ten dollars” and inserting in their stead the words “Twelve dollars fifty cents”;
(d) by inserting after sub-regulation (2.) the following sub-regulation:—
“(2a.) Where, during a period of twelve months’ service in respect of which chaplains’ allowance is payable to a chaplain, the amount reasonably expended by the chaplain on the provision and maintenance of his equipment and vestments exceeds the amount of chaplains’ allowance payable to the chaplain in respect of that period, an amount equal to the excess is, if the Military Board so approves, payable to the chaplain as additional chaplains’ allowance.”; and
(e) by omitting from sub-regulation (3.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (2.) of this regulation”.
(2.) Chaplains’ allowance is payable, at the rates specified in regulation 32 of the Military Financial Regulations as amended by the last preceding sub-regulation, to a chaplain of the Permanent Military Forces who—
(a) was or is appointed; or
(b) completed or completes a period of twelve months’ service after appointment,
on or after the twentieth day of September, 1966.
* Notified in the Commonwealth Gazette on 1968.
† Statutory Rules 1966, No. 35, as amended by Statutory Rules 1966, Nos. 58, 87, 127 and 151; 1967, Nos. 24, 34, 111, 145 and 163; and 1968, Nos. 49, 50 and
14967/68—Price 10c 10/24.4.1968
(3.) The Military Board may approve the payment of additional chaplains’ allowance under sub-regulation (2a.) of regulation 32 of the Military Financial Regulations in respect of a period of twelve months’ service of a chaplain ended on the first day of June, 1966 or any subsequent day before the commencement of these Regulations and, where the Military Board does so, additional chaplains’ allowance is payable to the chaplain as if that sub-regulation had come into operation on that day.
Survey party allowance.
2.—(1.) Regulation 37 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulations:—
“(4.) Subject to the next succeeding sub-regulation, where a member is in receipt of survey party allowance at the rate specified in paragraph (b) of sub-regulation (2.) of this regulation for a continuous period of not less than thirty days, additional survey party allowance is payable to the member, if the Military Board so approves, in respect of that period at the rate of One dollar fifty cents per day.
“(5.) Survey party allowance is not payable to a member under this regulation for any period of service in respect of which travelling allowance is payable to the member under Division 10 of this Part.”.
(2.) The Military Board may approve the payment of additional survey party allowance under sub-regulation (4.) of regulation 37 of the Military Financial Regulations in respect of a period commencing on or after the eighth day of June, 1967 and before the commencement of these Regulations, and, where the Military Board does so, additional survey party allowance is payable to the member as if the amendment of that regulation effected by the last preceding sub-regulation had come into operation on that day.
District allowance.
3.—(1.) Regulation 41 of the Military Financial Regulations is amended by inserting after sub-regulation (6.) the following sub-regulation:—
“(6a.) Where a member in receipt of district allowance by reason of his serving in an isolated district is posted for service at a place that is not within the district and the family of the member is compelled by circumstances to remain in the district after the departure of the member, district allowance continues to be payable to the member, if the Military Board so approves, while the family is so compelled to remain in the district.”.
(2.) The Military Board may approve the payment of district allowance under sub-regulation (6a.) of regulation 41 of the Military Financial Regulations in the case of a member who departed from an isolated district on or after the fourteenth day of September, 1966 and before the commencement of these Regulations and, where the Military Board does so, district allowance continues to be payable to the member as if that sub-regulation had come into operation on that day.
Education allowance.
4. Regulation 131 of the Military Financial Regulations is amended by inserting after sub-regulation (5.) the following sub-regulation:—
“(5a.) Where—
(a) a member has been offered, but has not accepted, assistance of a kind specified in paragraph (c) of the last preceding sub-regulation in respect of his child; or
(b) a member has, after having received any such assistance, repaid to the Government or other body by which the assistance was given an amount equal to the value of that assistance,
the member is not disqualified from receiving education allowance in respect of the child by virtue of that paragraph by reason only of his having been offered or having received that assistance.”.
Child education allowance.
5.—(1.) Regulation 159 of the Military Financial Regulations is amended by omitting paragraph (c) of sub-regulation (3.) and inserting in its stead the following paragraph:—
“(c) a child who has not attained the age of nine years—unless the Military Board approves payment of the allowance;”.
(2.) The Military Board may give an approval under paragraph (c) of sub-regulation (3.) of regulation 159 of the Military Financial Regulations as amended by these Regulations in relation to the full time education of a child during the period from and including the sixteenth day of December, 1964, to and including the day immediately before the commencement of these Regulations or during a part of that period and, where the Military Board does so, child education allowance is payable in respect of the child as if the amendment of that regulation effected by the last preceding sub-regulation had come into operation on that day.
Rates of pay for members other than senior appointments.
6.—(1.) Regulation 190 of the Military Financial Regulations is amended—
(a) by omitting from sub-regulation (8.) the word “sub-regulation (1.)” and inserting in its stead the word “sub-regulation (2.)”; and
(b) by adding at the end thereof the following sub-regulation:—
“(12.) The rate of pay payable to a member who is a student at an Officer Cadet Training Unit is the rate of pay per day specified in the table in sub-regulation (1.) of this regulation in relation to a member holding the rank of corporal or, if the member held a rank higher than the rank of corporal immediately before he became a student, the rate of pay per day specified in that table in relation to the rank so held by the member.”.
(2.) Where a member was a student at an Officer Cadet Training Unit on a day in the period from and including the seventh day of September, 1967, to and including the day immediately preceding the date of commencement of these Regulations and the rate of pay applicable to the member in respect of that day under the Military Financial Regulations as in force on that day is less than the rate of pay that would have been applicable if sub-regulation (12.) of regulation 190 of the Military Financial Regulations as amended by these Regulations had been in force on that day, that higher rate of pay is, by virtue of this sub-regulation, applicable to the member in respect of that day.
Efficiency grant.
7.—(1.) Regulation 199 of the Military Financial Regulations is amended by inserting after sub-regulation (4.) the following sub-regulations:—
“(4a.) Where a member entitled to efficiency grant under this regulation in respect of a year’s service ended on the thirtieth day of June, 1966, had served in the Citizen Military Forces continuously since the first day of July, 1964—
(a) if the member was in receipt of efficiency grant under the Military Financial Regulations in respect of the year ended on the thirtieth day of June, 1964, and the year ended on the thirtieth day of June, 1965—each of those years: or
(b) if the member was in receipt of efficiency grant under the Military Financial Regulations in respect of the year ended on the thirtieth day of June, 1965, but was not in receipt of efficiency grant under those Regulations in respect of the year ended on the thirtieth day of June, 1964—the year ended on the thirtieth day of June, 1965,
counts, notwithstanding sub-regulation (4.) of this regulation, as a year’s efficient service for the purpose of calculating the amount of efficiency grant payable to the member in respect of his service in the year ended on the thirtieth day of June, 1966, or ended or ending in a subsequent year that is included in a continuous period of the member’s service that includes the year ended on that last-mentioned day.
“(4b.) Subject to the next two succeeding sub-regulations, a member who was serving in the Citizen Military Forces on the first day of July, 1965, or who enlisted or enlists in the Citizen Military Forces on or after that date shall, notwithstanding sub-regulation (4.) of this regulation, be deemed to have completed one year’s efficient service in the Citizen Military Forces on that day or on the date of his enlistment, as the case may be, for the purpose of calculating the amount of efficiency grant payable to him under this regulation and the date on which efficiency grant is payable to him under this regulation if, before that day or before his enlistment, as the case may be—
(a) he had served for a period of not less than twelve months in the Australian Regular Army;
(b) he had served previously for a period of not less than twelve months in the Active Citizen Military Forces and had been in receipt of efficiency grant in respect of service for a period of twelve months during that previous service;
(c) he had served for a period of not less than two years in the Australian Cadet Corps and had been awarded a certificate of efficiency in respect of that service; or
(d) he had served for a period of not less than twelve months as a cadet under officer, a warrant officer or a non-commissioned officer in the Australian Cadet Corps.
“(4c.) Where a person who has previously been a member of the Citizen Military Forces re-enlists in those forces, the last preceding sub-regulation does not apply to a period of service of the member referred to in paragraph (a), (c) or (d) of that sub-regulation unless the period commenced after the member ceased or last ceased, as the case may be, to be a member of the Citizen Military Forces.
“(4d.) Where a member is transferred to the Reserve of Officers or is discharged after serving for part only of a period of twelve months that would, if completed, constitute a year’s service and the member has, during that part of that period complied with all the conditions determined by the Military Board under this regulation to be conditions that a member is required to comply with in respect of a year’s service, that part of that period counts as a year’s service for the purpose of calculating the amount of efficiency grant payable to the member upon his transfer to the Reserve of Officers or his discharge, as the case may be.”.
(2.) Where the amount of efficiency grant paid or payable to a member in respect of a year’s service ended on the thirtieth day of June, 1966 or on a subsequent date, being a date before the commencement of these Regulations, under the Military Financial Regulations as in force on that date is less than the amount of efficiency grant that would have been payable to the member in respect of that year’s service if the amendment of regulation 199 of the Military Financial Regulations effected by these Regulations had been in force on that date, the member is, by virtue of this regulation, entitled to be paid an amount equal to the difference.
Chaplains’ allowance.
8.—(1.) Regulation 202 of the Military Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (2.) the words “Twenty dollars” and inserting in their stead the words “Twenty-five dollars”; and
(b) by omitting from paragraph (b) of that sub-regulation the words “Ten dollars” and inserting in their stead the words “Twelve dollars fifty cents”.
(2.) Chaplains’ allowance is payable at the rate specified in regulation 202 of the Military Financial Regulations as amended by the last preceding sub-regulation to a chaplain of the Citizen Military Forces who—
(a) was or is appointed; or
(b) completed or completes a period of twelve months’ service after appointment,
on or after the twentieth day of September, 1966.
Bivouac allowance.
9. Regulation 243 of the Military Financial Regulations is amended by omitting from paragraph (c) of sub-regulation (1.) the words “One dollar and twelve cents” and inserting in their stead the words “One dollar eight cents”.
Interpretation.
10. Regulation 259 of the Military Financial Regulations is amended by omitting from the definition of “dental treatment” the words “, but does not include the supply of precious metals”.
The Schedule.
11. The Schedule to the Military Financial Regulations is amended—
(a) by omitting the words and figures—
“Paragraphs (b) and (d) of sub-regulation (20.) of Regulation 12”
and inserting in their stead the words and figures—
“Paragraphs (b) and (d) of sub-regulation (17.) of Regulation 12”;
(b) by omitting the words and figures—
“Sub-regulation (4.) of Regulation 162”
and inserting in their stead the words and figures—
“Sub-regulation (3.) of Regulation 162”; and
(c) by omitting the words and figures—
“Sub-regulation (4.) of Regulation 250”
and inserting in their stead the words and figures—
“Sub-regulation (5.) of Regulation 250”.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra