Military Financial Regulations (Amendment)

STATUTORY RULES

1965 No. 189

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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 seventeenth

day of December, 1965.

CASEY

Governor-General.

By His Excellency’s Command,

A. J. FORBES

Minister of State for the Army.

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Amendments of the Military Financial Regulations†

Interpretation.

1. Regulation 5 of the Military Financial Regulations is amended by omitting from sub-regulation (1.) the definitions of “formation, &c.” and “formation, &c., commander” and inserting in their stead the following definitions:—

“‘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;”.

Power of formation commander.

2. Regulation 7 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

“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.”

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* Notified in the Commonwealth Gazette on 21 December, 1965.

† Statutory Rules 1961, No. 39, as amended by Statutory Rules 1961, Nos. 84, 100 and 129; 1962, Nos. 61 and 75; 1963, Nos. 9, 23, 62, 70, 75, 85, 90 and 150; 1964, Nos. 14, 17, 48, 56, 65, 81, 89, 100, 133 and 166; and 1965, Nos. 52, 66, 73 and 134.

12480/65.—Price 1s. (10c) 9/8.11.1965

Members other than general officers.

3.—(1.) Regulation 11 of the Military Financial Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (15.) the word “and”; and

(b) by adding at the end of sub-regulation (15.) the following word and paragraph:—

“; 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.”.

(2.) The amendments of the Military Financial Regulations effected by the last preceding sub-regulation apply as if that sub-regulation had come into operation on the twenty-sixth day of June, 1964.

(3.) For the purpose of applying the amendments of the Military Financial Regulations effected by sub-regulation (1.) of this regulation in accordance with the last preceding sub-regulation, an approval of the Military Board under paragraph (d) of sub-regulation (15.) of regulation 11 of those Regulations may be expressed to apply as from a date specified in it, not being earlier than the twenty-sixth day of June, 1964, and, when so expressed to apply, has effect as if it had been made on the date so specified.

Linguists bounty.

4.—(1.) Regulation 33 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—

“33.—(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.”.

(2.) Where—

(a) linguist bounty was paid or is payable to a member in respect of the period from and including the twenty-second day of August, 1963, to and including the day immediately preceding the date of commencement of this regulation or a part of that period (in this sub-regulation referred to as “the relevant period”);

(b) the language in respect of which linguist bounty was so paid or was so payable to the member is a foreign language approved by the Military Board for the purposes of regulation 33 of the Military Financial Regulations as amended by the last preceding sub-regulation by virtue of the first determination made by the Military Board approving foreign languages; and

(c) the standard of proficiency that the member had attained in that language during the relevant period was, in the opinion of the Military Board, equivalent to a standard of proficiency in the language approved by the Military Board for the purposes of regulation 33 of the Military Financial Regulations as so amended,

the Military Board may authorize payment to the member of an amount equal to the amount by which the linguists bounty paid or payable to him in respect of the relevant period is less than the linguists bounty that would have been payable to him in respect of that period if he had been entitled to payment of that bounty in respect of that language under regulation 33 of the Military Financial Regulations as so amended at the rate determined for that equivalent standard of proficiency.

Rates of travelling allowance.

5.—(l.) Regulation 90 of the Military Financial Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

(2.) The rates of travelling allowance specified, in relation to officers of the rank of Lieutenant-Colonel or Captain, in sub-regulation (1.) of regulation 90 of the Military Financial Regulations as amended by the last preceding sub-regulation apply to travelling allowance paid or payable to an officer of such a rank, in accordance with that sub-regulation, in respect of the twenty-sixth day of June, 1964, or any subsequent day.

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

6.—(1.) Regulation 92 of the Military Financial Regulations is amended by omitting the table in sub-regulation (6.) and inserting in its stead the following table:—

(2.) The rates specified, in relation to a member of the rank of Lieutenant-Colonel or Captain, in sub-regulation (6.) of regulation 92 of the Military Financial Regulations as amended by the last preceding sub-regulation apply to any amounts of the allowance provided for in that sub-regulation that were paid or are payable to an officer of such a rank, in accordance with that sub-regulation, in respect of the twenty-sixth day of June, 1964, or any subsequent day.

Definitions.

7. Regulation 170 of the Military Financial Regulations is amended by omitting from paragraph (d) of the definition of “member” the words “full time duty” and inserting in their stead the words “continuous full time military service”.

Members of the Citizen Military Forces attached to the Permanent Military Forces for continuous full-time military service.

8.—(1.) Regulation 199 of the Military Financial Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “full time duty” and inserting in their stead the words “continuous full time military service”;

(b) by inserting in sub-regulation (2.), after the figures “10” the figures “, 11, 12”; and

(c) by omitting from sub-regulation (2.) the words “full time duty” and inserting in their stead the words “continuous full time military service”.

(2.) Where—

(a) a member of the Citizen Military Forces attached to the Permanent Military Forces for full time duty was posted, on or after the eighth day of April, 1965, and before the commencement of this regulation, to a locality other than the locality in which his family were residing and the posting was intended to be for a period of not less than twelve months;

(b) the member has removed his family at his own expense to the locality to which he was posted; and

(c) if the amendments of the Military Financial Regulations effected by the last preceding sub-regulation had been in operation when he was so posted, he would have been entitled to have been removed to the locality to which he was posted at the expense of the Department under the provisions of Division 11 of Part II. of the Military Financial Regulations, the member may be reimbursed an amount equal to—

(d) the expenses incurred by the member in so removing his family; or

(e) the expenses that the Department would have incurred if the member had been so removed at the expense of the Department under that Division,

whichever is the less.

(3.) Expressions defined for the purposes of Division 11 of Part II. of the Military Financial Regulations have, in the last preceding sub-regulation, the same respective meanings as in that Division.

Bivouac allowance.

9. Regulation 219 of the Military Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the words “Four shillings and sixpence halfpenny” and inserting in their stead the words “Five shillings and ten pence halfpenny”;

(b) by omitting from paragraph (b) of sub-regulation (1.) the words “Nine shillings and one penny” and inserting in their stead the words “Eleven shillings and nine pence”; and

(c) by omitting from paragraph (c) of sub-regulation (1.) the words “Eight shillings and eight pence” and inserting in their stead the words “Eleven shillings and two pence”.

Funerals.

10. Regulation 245 of the Military Financial Regulations is amended by omitting from paragraph (c) of sub-regulation (2.) the words “full-time military service” and inserting in their stead the words “continuous full time military service”.

First Schedule.

11. The First Schedule to the Military Financial Regulations is amended—

(a) by omitting the words and figures—

“Paragraph (b) of sub-regulation 15 of Regulation 11” and inserting in their stead the words and figures—

“Paragraphs (b) and (d) of sub-regulation (15.) of Regulation 11.”; and

(b) by omitting the words and figures—

“Sub-regulation (4.) of Regulation 33” and inserting in their stead the word and figures—

“Regulation 33.”.

Third Schedule

12. The Third Schedule to the Military Financial Regulations is amended by inserting in Table 2 before the word and figures—

the word and figures—

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