Military Financial Regulations (Amendment)

Statutory Rules

1980 No. 156

INTERIM DETERMINATION UNDER THE DEFENCE
AMENDMENT ACT 19791

I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this sixth day of June 1980.

J. E. MCLEAY

Minister of State for Administrative Services

for and on behalf of the

Minister of State for Defence

AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS2

District allowance

 1. Regulation 41 of the Military Financial Regulations is amended —

 (a) by inserting in sub-regulation (1) the following definition:

“ ‘adult minimum wage’ means the notional six capital cities adult minimum wage as determined from time to time by the Australian Conciliation and Arbitration Commission under section 59 of the Conciliation and Arbitration Act 1904;”;

 (b) by omitting from sub-regulation (4B) the words “the rate specified opposite that grade” and substituting the words “the rate per year specified opposite that grade”;

 (c) by omitting from sub-regulation (4B) the table and substituting the following table:

 (d) by omitting sub-regulations (4C), (4D), (5), (6), (7) and (8) and substituting the following sub-regulations:

 “(5) Subject to sub-regulation (6) the rate of district allowance specified in column 2 of the table in sub-regulation (4B) is payable to a member living out whose dependants reside with him in an isolated district.

 “(6) In the case of a member who lives out in an isolated district and —

 (a) whose dependants do not reside with him in that district;

 (b) whose dependants reside with him in that district and one or more of whom are employed and are paid an allowance by their employer under similar conditions as apply to payment of district allowance under this regulation at a rate equal to, or higher than, the rate specified in column 2 of the table in sub-regulation (4B);

 (c) whose dependants reside with him in that district and each of those dependants has an annual income in excess of the annual adult minimum wage;

 (d) whose spouse resides with him in that district and is employed by the Commonwealth; or

 (e) is unmarried and entitled to living out allowance,

the rate at which district allowance is payable to that member is the rate specified in column 3 of the table in sub-regulation (4B).

 “(7) The rate of district allowance specified in column 4 of the table in sub‑regulation (4B) is payable to —

 (a) a member living in in an isolated district; or

 (b) a member living out in an isolated district and who is not entitled to living out allowance.

 “(8) Where an isolated district is removed from the list referred to in regulation 102 of the Public Service Regulations or the classification of an isolated district is lowered for the purposes of district allowance under that regulation, this regulation applies to a member —

 (a) who, immediately before that removal or that lowering of classification, resided in that isolated district;

 (b) to whom district allowance has been paid or is payable in respect of his residence in that district during a period immediately preceding that removal or lowering of classification; and

 (c) who continues to reside in that isolated district after that removal or lowering of classification,

as if that district had not been removed from that list or been lowered in classification until the expiration of —

 (d) one year after that removal or lowering of classification; or

 (e) the period during which the member continued to reside in that district after that removal or lowering of classification,

whichever is the sooner, and the rate of district allowance payable to the member had been the rate ascertained in accordance with this regulation as in force immediately before that removal or lowering of classification.”.

Application

 2. Subject to clause 3, the Military Financial Regulations as amended by this Determination apply in relation to service in an isolated district, being a district that comprises a locality classified for the purpose of district allowance under regulation 102 of the Public Service Regulations, on or after 5 December 1979.

Transitional

 3. Where a member who was entitled to district allowance at the rate specified in column 2 of the table in sub-regulation (4B) of regulation 41 of the Military Financial Regulations as in force on the day immediately before the date on which this Determination was notified in the Gazette, continues to reside in the district in respect of which he was so entitled or is posted from that district to another isolated district on and after the date this Determination was notified in the Gazette, district allowance is payable to him at the rate specified in column 2 of the table in sub‑regulation (4B) of regulation 41 of the Military Financial Regulations as in force immediately after the date this Determination was notified in the Gazette, appropriate to the district in which he remains or to which he has been posted, whichever is applicable, for the period, commencing on 5 December 1979 or the date on which the member became so entitled to district allowance, whichever is the later, during which he would have been entitled to receive district allowance at the rate specified in column 2 of the table in sub-regulation (4B) of regulation 41 of the Military Financial Regulations if this Determination had not been made.

1. Notified in the Commonwealth of Australia Gazette on 20 June 1980.

2. Statutory Rules 1966 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 30 and see also Statutory Rules 1980 Nos. 30, 33, 45, 46, 47, 56, 57 and 130.