Military Financial Regulations (Amendment)

Legislation au C1965L00052 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1965. No. 52

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REGULATIONS UNDER THE DEFENCE ACT 1903-1964*

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 1903-1964.

Dated this 29th day of April, 1965.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Military Financial Regulations †.

Parachutists’ allowance.

1. Regulation 30 of the Military Financial Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(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.

“(3a.) 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

2.—(1.) Regulation 118 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

Accommodation allowance.

118.—(1.) An allowance, called ‘accommodation allowance’, is payable to a member in such circumstances, subject to such conditions and at such rate as the Military Board determines.

 

* Notified in the Commonwealth Gazette on 30 April, 1965

3639/65.—Price 6d.         9/7.4.1965


“(2.) In the last preceding sub-regulation, ‘member’ means a member who would be eligible for separation allowance if he were living in.”.

(2.) Subject to the next succeeding sub-regulation, accommodation allowance is payable under the regulation inserted in the Military Financial Regulations by the last preceding sub-regulation, in accordance with the first determination made by the Military Board for the purpose of that regulation, as if that regulation and that determination had come into operation on the first day of March, 1965.

(3.) A member who has been paid, or is entitled to be paid, accommodation allowance in respect of a day in the period from and including the first day of March, 1965, to and including the day immediately before the commencement of this regulation under regulation 118 of the Military Financial Regulations as in force on that day is not entitled to payment of accommodation allowance in respect of that day by virtue of the last preceding sub-regulation.

Rental allowance.

3.—(1.) Regulation 120 of the Military Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Subject to the succeeding provisions of this regulation and to such conditions as the Military Board determines, an allowance, called ‘rental allowance’, is payable—

(a) to a member who is removed to a locality at the expense of the Department under Division 11 of this Part and occupies premises, other than suitable premises, in that locality; and

(b) to a member—

(i) who is included in a class of members approved by the Military Board for the purposes of this paragraph;

(ii) who is entitled to be removed to a locality at the expense of the Department under Division 11 of this Part; and

(iii) whose family occupy premises, other than suitable premises, in another locality, being a locality approved by the Military Board as a locality to which this paragraph applies in the case of members included in that class.”.

(2.) Rental allowance is payable to a member included in a class of members specified in the first approval given by the Military Board for the purposes of paragraph (b) of the sub-regulation inserted in regulation 120 of the Military Financial Regulations by the last preceding sub-regulation as if that sub-regulation and that approval had come into operation on the first day of March, 1965, and as if the conditions relating to the payment of rental allowance in force on that date applied to payment of rental allowance payable by virtue of this sub-regulation.

First Schedule.

4. The First Schedule to the Military Financial Regulations is amended by inserting after the words—

“Sub-regulation (1.) of Regulation 24.”

the words—

“Sub-regulation (3a.) of Regulation 30.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1965 No. 52, made under the Defence Act 1903-1964, introduce amendments to the Military Financial Regulations to address specific financial allowances for military personnel. Enacted by the Governor-General in Council, the primary objective of these regulations is to clarify and adjust the conditions under which certain allowances are granted to military members. The regulations specifically amend the parachutists’ allowance, accommodation allowance, and rental allowance, providing more precise criteria and circumstances for these allowances. By implementing these changes, the legislation aims to ensure that financial support for military personnel is distributed fairly and in line with their specific duties and circumstances.

Scope and Application

These Regulations under the Defence Act 1903-1964 apply to members of the Australian Defence Force who are eligible for various allowances as detailed in the Military Financial Regulations. These allowances include parachutists' allowance, accommodation allowance, and rental allowance. The allowances are subject to the conditions and criteria set by the Military Board, which has the authority to approve or disapprove payments and to determine the rates and conditions for each allowance. The Regulations are applicable nationally within the Commonwealth of Australia and are enforced through the Military Financial Regulations. There are no explicit exclusions or exemptions mentioned in the Regulations; however, specific conditions apply to eligibility for each allowance, such as the requirement for a member to be in a designated unit or locality for certain allowances. The Regulations also allow for the Military Board to specify classes of members and periods for which allowances may be paid, extending or restricting the application of the allowances through subordinate instruments.

Key Provisions

The main operative sections of these Regulations (C1965L00052) introduce amendments to the Military Financial Regulations concerning allowances for military personnel. Regulation 30 is amended to modify the conditions under which parachutists' allowance is payable. Specifically, parachutists' allowance is not payable if the member is in hospital due to their own default, if more than six months have elapsed since their last parachute descent, or if they are not part of a parachute or parachute training unit (section 1). However, the Military Board may approve exceptions to these conditions for certain classes of members and periods (section 1). Regulation 118 is repealed and replaced with a new provision for accommodation allowance, which is payable under conditions determined by the Military Board (section 2). The new regulation also specifies that members already paid or entitled to accommodation allowance between 1 March 1965 and the commencement of this regulation are not entitled to further payments under the new regulation (section 3). Additionally, Regulation 120 is amended to introduce rental allowance, payable under specific conditions determined by the Military Board (section 3). The Regulations impose obligations on the Military Board to determine the conditions and rates for accommodation and rental allowances, as well as to approve any exceptions for parachutists' allowance. The Board is also responsible for setting the terms and conditions for the payment of rental allowance. These obligations ensure that the allowances are distributed fairly and in accordance with the prescribed criteria. Failure to comply with the provisions of these Regulations may result in legal consequences. While the specific offences and penalties are not detailed in the text provided, breaches of military financial regulations typically result in administrative or disciplinary actions. These can include financial penalties, deductions from pay, or other corrective measures as deemed appropriate by the relevant authorities. In severe cases, breaches may lead to criminal charges, particularly if they involve fraud or other illegal activities related to the allowances.

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