STATUTORY RULES
1969 No. 132
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 August, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendments of the Military Financial Regulations†
1.—(1.) Regulation 130 of the Military Financial Regulations is repealed and the following regulation inserted in its stead:—
Disturbance allowance.
“130.—(1.) An allowance, called ‘disturbance allowance’, is payable to a member upon the removal of the member to furnished or unfurnished premises.
“(2.) The Military Board may determine that in a case where specified facts or circumstances apply in relation to the removal of a member, a specified amount of disturbance allowance is payable to the member.
“(3.) The amount of disturbance allowance payable to a member under sub-regulation (1.) of this regulation is the amount ascertained in accordance with the determination made by the Military Board under the last preceding sub-regulation, being the determination that is applicable to that removal.”.
(2.) Subject to the next succeeding sub-regulation, disturbance allowance is payable in accordance with the regulation inserted in the Military Financial Regulations by the last preceding sub-regulation and the first determination made by the Military Board for the purpose of that regulation in respect of a removal of a member to furnished or unfurnished premises on or after the first day of September, 1968.
(3.) The last preceding sub-regulation does not apply to the payment of disturbance allowance in respect of a removal before the commencement of these Regulations if the amount of disturbance allowance paid or payable to the member under regulation 130 of the Military Financial Regulations as in force on the date of the removal exceeds the amount of disturbance allowance that would, but for this sub-regulation, be payable to the member under the last preceding sub-regulation.
* Notified in the Commonwealth Gazette on 28 August 1969.
† Statutory Rules 1966, No. 35, as amended by Statutory Rules 1966, Nos. 58, 87, 129 and 151; 1967, Nos. 24, 34, 111, 145 and 163; 1968, Nos. 49, 50, 62, 63, 111 and 154; and 1969, Nos. 6 and 15.
15086/69—Price 8c 10/15.7.1969
Continuous full time military service.
2. Regulation 190a of the Military Financial Regulations is amended by omitting sub-regulations (3.) and (3a.) and inserting in their stead the following sub-regulations:—
“(3.) Subject to sub-regulation (3e.) of this regulation, the rate of pay of a male member who is a soldier, in respect of service included in a period of continuous full time military service to which this regulation applies, is the rate per day specified in Part I., Part II., Part III. or Part IV., whichever is appropriate, of the Second Schedule to these Regulations in relation to his rank, the group in which he is classified and, if relevant, his length of service in his rank.
“(3a.) Subject to sub-regulation (3e.) of this regulation, the rate of pay of a female member who is a soldier, in respect of service included in a period of continuous full time military service to which this regulation applies, is the rate per day specified in Part I., Part II., Part III. or Part IV., whichever is appropriate, of the Third Schedule to these Regulations in relation to her rank, the group in which she is classified and, if relevant, her length of service in her rank.
“(3b.) The Military Board shall, by instrument, designate the classifications that members who are rendering continuous full time military service to which this regulation applies are to hold for the purpose of this regulation.
“(3C.) An instrument under the last preceding sub-regulation may be expressed to take effect from the date of commencement of this sub-regulation or any subsequent date, not being a date earlier than two years before the date on which it is made, and, if it is expressed to take effect from any date except the date on which it is made, members who are or have been rendering continuous full time military service to which this regulation applies on or after that date are, subject to the next succeeding sub-regulation, entitled to be paid pay as if it bad been made on the day from which it is expressed to take effect and as if it had come into force immediately it had been made.
“(3d.) Regulation 8 of these Regulations, other than paragraph (a) of sub-regulation (3.) of that regulation, applies to and in relation to an instrument referred to in the last preceding sub-regulation as if it were a determination of the Military Board.
“(3e.) Subject to the next three succeeding sub-regulations, where—
(a) a member is rendering continuous full time military service to which this regulation applies;
(b) the period of continuous full time military service that the member is rendering commenced before the date of commencement of this sub-regulation (hereinafter called ‘the specified date’);
(c) the member holds on a day (hereinafter called ‘the relevant day’) the same rank that be held on the specified date; and
(d) the rate of pay that was applicable to the member in respect of service on the specified date is higher than the rate of pay that would, but for this sub-regulation, be applicable to the member under these Regulations in respect of the relevant day,
the rate of pay of the member in respect of the relevant day is that higher rate.
“(3f.) The last preceding sub-regulation ceases to apply to a member if the member is, for a prescribed reason, designated as holding a classification in a group lower than the group in which he was classified immediately before being so designated.
“(30.) For the purpose of the last preceding sub-regulation, each of the following reasons is a prescribed reason in relation to a member:—
(a) that the member has ceased to hold a qualification held by him;
(b) that the member has been inefficient in or unsuited for duties to be performed by him; or
(c) that the change in the duties to be performed by the member was effected at his own request otherwise than on grounds approved by the Military Board as compassionate grounds.”.
First Schedule.
3. The First Schedule to the Military Financial Regulations is amended by inserting after the word—
“Regulation 128”
the word—
“Regulation 130”.
Special payments.
4.—(1.) In this regulation, “member” means a member for the purpose of Part IV. of the Military Financial Regulations—
(a) who is a soldier;
(b) who, on the date of commencement of these Regulations, is rendering a period of continuous full time military service, being a period of not less than one year, that the member is bound to render under sub-section (3.) of section 50 of the Defence Act 1903-1966; and
(c) who commenced to render that period of continuous full time military service before that date.
(2.) In this regulation, a reference to a member’s service during the relevant period shall be read as a reference to the member’s service during the continuous period of continuous full time military service that the member rendered immediately before the commencement of these Regulations, being a period of continuous full time military service that the member was bound to render under sub-section (3.) of section 50 of the Defence Act 1903-1966, other than any part of that period before the first day of March, 1968.
(3.) Where the Military Board is satisfied that the amount of pay that a member would have received in respect of his service during the relevant period if he had been entitled to be paid pay during that period as a member of the Permanent Military Forces would have exceeded the amount active pay paid to the member in respect of his service during the relevant period, the Military Board shall determine the amount of the excess.
(4.) In calculating the amount of pay that a member would have received in respect of his service during the relevant period if he had been entitled to be paid pay as a member of the Permanent Military Forces, the Military Board shall assume—
(a) that, on a day in the relevant period, the member was designated as holding the classification that the Military Board considers appropriate having regard to his qualifications and service and to the groups specified in the Second or Third Schedules to these Regulations, whichever is applicable, into which members of the Permanent Military Forces may be classified;
(b) that, on a day in the relevant period, the member had the length of service in his rank that he had on that day for the purpose of regulation 190a of the Military Financial Regulations; and
(c) that the amendments of the Military Financial Regulations effected by Statutory Rules 1968, No. 154 had come into operation on the first day of March, 1968, and the amendments of the Military Financial Regulations effected by Statutory Rules 1969, No. 15, had come into operation on the twenty-fifth day of October, 1968.
(5.) Where the Military Board alters the classification of a member under regulation 190a of the Military Financial Regulations and is of the opinion that if the amendments of the Military Financial Regulations effected by these Regulations had been in operation on and after the first day of March, 1968, the instrument altering the classification of the member would have been expressed to have operated from a day (in this sub-regulation referred to as the prescribed day) before the commencement of these Regulations but after the twenty-ninth day of February, 1968, the Military Board shall determine the amount (if any) of additional pay that the member would, in the opinion of the Military Board, have received in respect of his service in the period from and including the prescribed day to and including the day immediately before the commencement of these Regulations if he had held that classification on and after the prescribed day having regard to the amount of pay that he received in respect of his service during that period and so much of any amount previously paid to him under this regulation as, in the opinion of the Military Board, relates to his service during that period.
(6.) Where the Military Board determines an amount in respect of a member under this regulation, an amount equal to that amount is, by virtue of this sub-regulation, payable to the member as pay.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra