Military Financial Regulations (Amendment)

Statutory Rules

1973 No. 88

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 tenth day of May, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command.

R. BISHOP

Minister of State for Repatriation for

and on behalf of the

Minister of State for the Army.

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Amendments of the Military Financial Regulations!

Rates of pay— apprentices.

1. Regulation 12c of the Military Financial Regulations is amended by •omitting the Table from sub-regulation (1) and substituting the following Table:—

Flying allowance.

2. Regulation 33 of the Military Financial Regulations is amended—

(a) by omitting paragraph (b) of sub-regulation (1) and substituting the following paragraph:—

“ (b)  having qualified at a course of air pilot training, he is medically fit for flying duties and he is available and liable to be posted for flying duties as a pilot.”;

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* Notified in the Commonwealth Gazette on 17 May 1973.

† 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; 1969, Nos. 6, 15, 53, 67, 97, 112, 118, 131, 132 and 169; 1970, Nos. 5, 46, 76, 102, 133, 157 and 175; 1971, Nos. 8, 45, 79, 98, 118, 131, 155 and 164; and 1972, Nos. 25, 80, 127, 135, 145 and 197.

(b) by omitting paragraph (b) of sub-regulation (2) and substituting the following paragraph:—

“ (b)  subject to sub-regulations (2a) and (2b), to a member who is confirmed as being permanently medically unfit for flying duties after the date on which he is confirmed as being medically unfit for those duties.”; and

(c) by inserting after sub-regulation (2) the following sub-regulations:—

“ (2a) Where a member in receipt of flying allowance is medically unfit for flying duties by reason of an illness or injury, not due to his own neglect or misconduct, flying allowance continues to be paid to the member during the period in which he is medically unfit for flying duties or during the period of twelve months commencing on the date on which his illness commenced or he sustained the injury, whichever period is the shorter.

“ (2b) Where a member who has been confirmed as being permanently medically unfit for flying duties is discharged, or the services of such a member are terminated, by reason of that unfitness, flying allowance continues, subject to sub-regulation (2a), to be payable to the member up to and including the date of his discharge or of the termination of his services.”.

Removal on termination of service.

3. Regulation 115 of the Military Financial Regulations is amended by omitting paragraph (a) of sub-regulation (3) and substituting the following paragraphs:—

“ (a)  he, being a soldier has completed his initial engagement and has completed not less than six years’ continuous service;

(aa)he, being an officer serving on a short service commission, has completed not less than six years’ continuous service;

(ab)  he, being a member other than a member referred to in paragraph or (aa) has completed not less than twenty years' continuous service;’’.

4. After regulation 115 of the Military Financial Regulations the following regulation is inserted:—

Limited removal where posting is for a period exceeding six months.

“ 115a.  Subject to this Division, where a married member who is posted to a locality in Australia other than the locality in which his family resides and the posting is intended to be for a period of not less than six months but for a period of less than twelve months, the family of the member and their personal effects may be removed at the expense of the Department to the locality to which the member has been posted and the furniture and other effects of the member and his family may be stored at the expense of the Department (including packing and transporting at the expense of the Department to and from the store).”.

Storage of furniture and effects.

5. Regulation 118 of the Military Financial Regulations is amended—

(a) by inserting at the end of paragraph (b) of sub-regulation (1) the word “ or ”; and

(b) by omitting paragraph (c) of that sub-regulation.

Disturbance allowance.

6. Regulation 130 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (4) A reference in this regulation to a removal shall be read as including a reference to the removal of a member from one place oversea to another place oversea.”

Allowance for sale of molar vehicle.

7. Regulation 133 of the Military Financial Regulations is amended by omitting from sub-regulation (1) the words “ in accordance with the provisions of regulation 123 of these Regulations”.

Removal while overseas.

8. Regulation 145 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (4)  A member who is entitled to the removal of his family and their effects under this regulation is entitled to disturbance allowance in accordance with regulation 130.”.

Allowances for legal officers.

9. Regulation 207 of the Military Financial Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulations:—

“ (2)  The amount of the allowance payable to an officer under sub-regulation (1) is, subject to sub-regulations (2aa) and (3), an amount ascertained in accordance with whichever of the following paragraphs is applicable:—

(a)  in the case of duty performed by the officer as prosecutor or defending officer before a court-martial—

(i) for the first half-hour of each day’s hearing before the court-martial—an amount of Nine dollars seventy cents;

(ii) for each subsequent half-hour of each day’s hearing before the court-martial—an amount of Three dollars ninety cents; and

(iii) for each half-hour’s duty in connexion with the court-martial performed at his civilian office—an amount of Three dollars ninety cents; and

(b)  in the case of duty performed by the officer as judge advocate at a court-martial—

(i) for the first half-hour of each day’s hearing before the court-martial—an amount of Eleven dollars sixty-five cents;

(ii) for each subsequent half-hour of each day’s hearing before the court-martial—Four dollars sixty-five cents; and

(iii) for each half-hour’s duty in connexion with the court-martial performed at his civilian office—an amount of Four dollars sixty-five cents; and

(c) in the case of duty performed by an officer otherwise than as prosecutor, defending officer or judge advocate at a court-martial—

(i) for duty performed away from his civilian office if the period of duty on any day is not more than one hour—an amount of Five dollars twenty-five cents;

(ii) for duty performed away from his civilian office if the period of duty on any day exceeds one hour—an amount of Five dollars twenty-five cents for the first hour and an amount of One dollar fifty-eight cents for each half-hour, or part of a half-hour, exceeding fourteen minutes, in the balance of the period; and

(iii) for duty performed at his civilian office—an amount of One dollar fifty-eight cents for each half-hour or part of a half-hour in the period of duty.

“ (2aa) Notwithstanding sub-regulation (2)—

(a) the maximum amount of the allowance payable under sub-regulation (1) to an officer who, on any day, performs duty as prosecutor or defending officer before, or in connexion with, a court-martial is Forty-six dollars eighty cents for all duty performed on that day;

(b) the maximum amount of the allowance payable under sub-regulation (1) to an officer who, on any day performs duty as judge advocate at, or in connexion with, a court-martial is Fifty-five dollars eighty cents for all duty performed by him on that day; and

(c) the maximum amount of the allowance payable under sub-regulation (1) to an officer who, on any day, performs duty otherwise than as prosecutor, as defending officer or as judge advocate at a court-martial is Twenty-one dollars for all duty performed on that day.”.

Mileage allowance.

10. Regulation 214 of the Military Financial Regulations is amended by omitting from sub-regulation (1) the figures “ 5000 ” and inserting in their stead the figures “ 6000 ".

Application of amendments— Apprentices.

11. The rates of pay and deferred pay provided for in sub-regulation (1) of regulation 12c of the Military Financial Regulations as amended by regulation 3 apply in respect of service of an army apprentice during his apprentice training on and after the nineteenth day of May, 1972.

Additional pay for apprentices.

12. An army apprentice who, during the period from and including the twenty-seventh day of August, 1971, to and including the eighteenth day of May, 1972, or during part of that period, was undergoing apprentice training is, by virtue of this regulation, entitled to additional pay in respect of that period or part of that period of an amount equal to the amount by which the pay already paid to him in accordance with the scale of rates of pay in regulation 12c of the Military Financial Regulations as in force immediately before the commencement of these Regulations is less than the amount that would have been payable if the scale of rates of pay in the table in this regulation had been the scale of rates of pay in that period or that part of that period for army apprentices.

Application of amendments made by regulation 2.

13. The amendments made by regulation 2 shall be deemed to have come into operation on the thirtieth day of August, 1971.

Application of amendments made by regulation 9.

14. An officer of the Reserve of Officers, Australian Army Legal Corps is entitled to be paid in respect of duty performed by him in the period commencing on the first day of September, 1972, and ending on the day immediately before the date of commencement of these Regulations an amount equal to the amount by which the amount payable under regulation 207 of the Military Financial

Regulations as in force immediately before the commencement of these Regula­tions is less than the amount that would have been payable if the amendments made by regulation 9 had come into force on the first day of September, 1972.

Rates of pay under regulation 190 (1) for Brigadier in the period 5 November 1971 to 18 May 1972.

15. An officer who, during the period that commenced on the fifth day of November, 1971, and ended on the eighteenth day of May, 1972, held the rank of Brigadier, being an officer entitled to pay in accordance with the rate of pay specified in sub-regulation (1) of regulation 190 of the Military Financial Regulations, shall be paid an amount equal to the difference between the amount paid to him in respect of his service in that period and the amount that would have been payable to him in respect of his service in that period if the rate per day specified in the table in that sub-regulation in relation to the rank of Brigadier had been Forty-three dollars fifty cents per day.