STATUTORY RULES
1971 No.
REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*
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 1903-1970.
Dated this twenty-fourth day of September, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Andrew Peacock
Minister of State for the Army.
Amendments of the Military Financial Regulations†
Definitions.
1. Regulation 10 of the Military Financial Regulations is amended by omitting from paragraph (a) of the definition of “member” the words “or a person enrolled in the Corps of Staff Cadets”.
2. After regulation 12a of the Military Financial Regulations the following regulation is inserted:—
Rates of pay— Corps of Staff Cadets.
“12aa.—(1.) In this regulation, ‘cadet’ means a member of the Corps of Staff Cadets who is a student at the Royal Military College.
“(2.) The rate of pay of a cadet is the rate per day specified in the following table in relation to the class at the Royal Military College in which he is included:—
Class | Rate of pay per day |
| $ |
Fourth Class............................................. | 5.09 |
Third Class.............................................. | 5.43 |
Second Class............................................. | 5.78 |
First Class............................................... | 6.12 |
“(3.) Where a cadet repeats a year of the course of instruction at the Royal Military College, the cadet shall be deemed, for the purpose of the last preceding sub-regulation, to continue to be included in the class in which he was included in the previous year.
“(4.) From the pay payable to a cadet an amount of Thirty cents for each day in respect of which the cadet is in receipt of pay shall be retained as an accumulating credit in the pay account of the cadet.
“(5.) The amount of the accumulated credit in the account of a cadet immediately before the commencement of this regulation, being the amount retained in that account under sub-regulation (3.) of regulation 46 of the Royal Military College Regulations, shall be aggregated with, and form part of, any
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1966, No. 35. is 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; 1969, Nos. 6, 15, 53, 67, 97, 112, 118, 131, 132 and 169; 1970, Nos. 5, 46, 76, 102, 133, 157 and 175; and 1971, No. 8.
18683/71— Price 8c 9/7.9.1971
amounts retained in the pay account of the cadet under the last preceding sub-regulation, and the next two succeeding sub-regulations apply to that first-mentioned amount accordingly.
“(6.) The amount of the accumulated credit in the pay account of a cadet retained under sub-regulation (4.) of this regulation is payable to the cadet—
(a) one calendar month before the date on which he is to graduate at the conclusion of his course at the Royal Military College; or
(b) upon his discharge,
whichever first occurs.
“(7.) Notwithstanding the last preceding sub-regulation, the Commandant of the Royal Military College, or an officer for the time being performing the duties of Commandant of the Royal Military College, may, in special circumstances. authorize the payment to a cadet of an amount not exceeding the amount of the accumulated credit in his pay account retained under sub-regulation (4.) of this regulation and, where an amount is paid to a cadet in accordance with such an authorization, the accumulated credit so retained shall be reduced by an amount equal to the amount so paid.”.
Special increase in pay.
3. Regulation 14 of the Military Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—
“(2.) The last preceding sub-regulation does not apply to—
(a) a member of the Corps of Staff Cadets who is a student at the Royal Military College;
(b) an apprentice tradesman; or
(c) an apprentice musician.
4.—(1.) After regulation 42 of the Military Financial Regulations the following regulation is inserted:—
Territory education allowances.
“42a.—(1.) In this regulation, Territory officer means an officer of the Public Service referred to in section 30 of the Papua and New Guinea Act 1949-1971.
“(2.) Where Territory officers, or Territory officers included in a class of Territory officers, are, by virtue of the terms and conditions of their employment, entitled in particular circumstances to be paid an allowance for the education of their children, being an allowance related to special aspects of service in the Territory of Papua or the Territory of New Guinea, the Military Board may, subject to the next succeeding sub-regulation, determine—
(a) that an allowance is payable to members in circumstances specified in the determination, being circumstances that are similar to the circumstances in which that first-mentioned allowance is so payable;
(b) the rate at which, or the scale of rates in accordance with which, the allowance is to be payable to members in the circumstances so specified; and
(c) the conditions (if any) subject to which the allowance is to be payable to members in the circumstances so specified.
“(3.) The rate or scale of rates, and the conditions, determined by the Military Board in respect of the allowance under the last preceding sub-regulation shall be such as are necessary for the purpose of providing reasonable compensation to members, in the circumstances to which the determination relates, in respect of like aspects of service.
“(4.) Where a determination under sub-regulation (2.) of this regulation is in force, a member is, subject to the next succeeding sub-regulation, entitled, in the circumstances and subject to the conditions (if any) specified in the determination, to be paid an allowance at the rate, or in accordance with the scale of rates, specified in the determination.
“(5.) Where a member would, but for this sub-regulation, be entitled to be paid an allowance under this regulation and also an allowance under regulation 131 of these Regulations in respect of the education of a child at a school—
(a) if the amount of the allowance payable under this regulation exceeds the amount of the allowance payable under regulation 131 of these Regulations—the member is not entitled to be paid an allowance under regulation 131 of these Regulations; or
(b) if the amount of the allowance payable under this regulation is equal to or less than the amount of the allowance payable under regulation 131 of these Regulations—the member is not entitled to be paid an allowance under this regulation,
in respect of the education of the child at the school.”.
(2.) An allowance payable in accordance with the first determination made by the Military Board after the commencement of these Regulations under regulation 42a of the Military Financial Regulations as amended by these Regulations is payable, in accordance with the determination, in respect of the education of a child of a member during the year that commenced on the first day of January, 1971, or during any subsequent year.
(3.) Where a member has been paid education allowance under regulation 131 of the Military Financial Regulations in respect of the education of his child during a period (in this sub-regulation referred to as the relevant period), being the period from and including the first day of January, 1971, to and including the day immediately before the commencement of this regulation or a part of that period, and an allowance is payable to the member by virtue of the last preceding sub-regulation in respect of the education of his child during the relevant period—
(a) paragraph (a) of sub-regulation (5.) of regulation 42a of the Military Financial Regulations as amended by these Regulations does not apply to or in relation to the payment of that first-mentioned allowance in relation to the relevant period: and
(b) the member is entitled to be paid, by virtue of the last preceding sub-regulation, in respect of the education of his child during the relevant period the amount by which the amount of the allowance that would be payable under that sub-regulation but for this sub-regulation exceeds the amount of the education allowance paid under regulation 131 of the Military Financial Regulations.
Accommodation expenses en route.
5. Regulation 125 of the Military Financial Regulations is repealed.
Education allowance.
6.—(1.) Regulation 131 of the Military Financial Regulations is amended by omitting from sub-regulation (2a.) the words “One thousand three hundred dollars” and inserting in their stead the words “One thousand four hundred and forty-five dollars”.
(2.) Education allowance is payable in accordance with the provisions of regulation 131 of the Military Financial Regulations as amended by the last preceding sub-regulation in respect of the attendance of a child at school as a boarder during the year that commenced on the first day of January, 1971, or during any subsequent year.
Child education allowance.
7.—(1.) Regulation 159 of the Military Financial Regulations is amended by omitting from sub-regulation (2a.) the words “One thousand three hundred dollars” and inserting in their stead the words “One thousand four hundred and forty-five dollars”.
(2.) Child education allowance is payable in accordance with the provisions of regulation 159 of the Military Financial Regulations as amended by the last preceding sub-regulation in respect of the attendance of a child at a school as a boarder during the year that commenced on the first day of January, 1971, or during any subsequent year.
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