Statutory Rules
1978 No. 236
REGULATIONS UNDER THE DEFENCE ACT 1903*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.
Dated this twenty-third day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS†
General rates of salary—soldiers holding the rank of corporal or a lower rank
1. Regulation 12b of the Military Financial Regulations is amended—
(a) by omitting from sub-regulation (5) “ or in Part I of Schedule 8 ”; and
(b) by omitting from that sub-regulation “ those Schedules ” and substituting “ that Schedule ”.
General rates of salary—soldiers holding the rank of Sergeant or a higher rank
2. Regulation 12ba of the Military Financial Regulations is amended by omitting the definition of “ prescribed table ” in sub-regulation (1) and substituting the following definition:
“ ‘ prescribed table ’ means Part II or Part III of Schedule 7 to the Defence Force (Salaries) Regulations.”.
Conditions applicable to rates of salary
3. Regulation 12h of the Military Financial Regulations is amended by omitting sub-regulation (5).
* Notified in the Commonwealth of Australia Gazette on 30 November 1978.
† Statutory Rules 1971 No. 131 as amended to date. For previous amendments see footnote † to Statutory Rules 1978 No. 22 and see also Statutory Rules 1978 Nos. 22, 60, 69, 76, 87, 207, 224, 226, 234 and 235.
“(13) For the purpose of paragraph (12) (b), the prescribed amount, in respect of the attendance in a year of a child at a school, is an amount equal to one-third of the amount that would be payable in respect of the child in accordance with sub-regulation (2) if the attendance in that year of the child at the school were deemed to be attendance of the child at the school in the year immediately preceding that year.”.
Application
2. (1) Child education allowance is payable in accordance with the provisions of regulation 159 of the Military Financial Regulations, as amended by regulation 1, in respect of the attendance of a child at a school during the year that commenced on 1 January 1976 and during any subsequent year.
(2) In the application of regulation 159 of the Military Financial Regulations, as amended by regulation 1, to and in relation to the attendance of a child at a school year during the year that commenced on 1 January 1976—
(a) paragraph 159 (2a) (a) shall be read as if there were substituted “ 295 ” for “ 330 ” and “ 1230 ” for “ 1300 ”;
(b) paragraph 159 (2a) (b) shall be read as if there were substituted “ 450 ” for “ 510 ” and “ 1180 ” for “ 1470 ”;
(c) paragraph 159 (2a) (c) shall be read as if there were substituted “ 600 ” for “ 790 ”; and
(d) sub-regulation 159 (2b) shall be read as if there were substituted “ 50 ” for “ 100 ” and “ 1300 ” for “ 1460 ”.
Adjustment in certain cases
3. In respect of child education allowance payable to a member in respect of the attendance of a child at a school during the period that commenced on 1 January 1976 and ends on the day that is—
(a) where these Regulations come into operation on a day that is part of a school term for that school—the last day of that school term; or
(b) in any other case—the last day of the immediately preceding school term,
the amount of education allowance payable to the member shall be the greater of the following amounts:
(c) the amount payable to the member under the Military Financial Regulations as in force before the commencement of these Regulations;
(d) the amount payable to the member under the Military Financial Regulations as amended by these Regulations.
Application
4. The amendments of the Military Financial Regulations effected by regulations 1 and 2 of these Regulations apply to and in relation to members of the Army as if those amendments had come into operation on 6 January 1978.